United States Department of Agriculture

Before the Secretary of Agriculture

In re:
	Kiran Enterprises, Inc.
	dba Trenton Halal Meat Packing Company and Mohammed S. Malik,	P&S Docket No. D-22-J-0008 P&S Docket No. D-22-J-0009
	Respondents.	Consent Decision and Order

This proceeding was initiated under the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. § 181, et seq.) (the Act), by a Complaint filed on November 10, 2021, by the Deputy Administrator, Fair Trade Practices Program, Agricultural Marketing Service, United States Department of Agriculture, alleging that Respondents willfully violated the Act.  This Consent Decision and Order is entered pursuant to that provision of the Rules of Practice applicable to this proceeding (7 C.F.R. 1.138 et seq.).

            Respondents admit the jurisdictional allegations in Paragraph I of the Complaint and specifically admit that the Secretary has jurisdiction in this matter, neither admit nor deny the remaining allegations, waive oral hearing and further procedure, waive all rights to seek judicial review and otherwise challenge or contest the validity of this decision, including waiving challenges to the Administrative Law Judge’s authority to enter this Decision and Order under the Administrative Procedure Act and the Constitution of the United States, and waive any action against the United States Department of Agriculture under the Equal Access to Justice Act of 1980 (5 U.S.C. § 504 et seq.) for fees and other expenses incurred by Respondent in connection with this proceeding or any action against any USDA employee in their individual capacity, and consent and agree, for the purpose of settling this proceeding and for such purpose only, to the entry of this Consent Decision and Order.

Complainant agrees to the entry of this Consent Decision and Order.

Findings of Fact

1.                   Respondents share the same business and mailing address, which was provided to the Hearing Clerk, United States Department of Agriculture, when the Complaint and Notice of Hearing in this case was filed.  That address can be used for service of this Consent Decision and Order.  The Consent Decision and Order can also be served on Respondents’ counsel of record.

2.                   Respondents are, and at all times material herein were:

a)       Engaged in the business of a packer under the Act and its attendant regulations; and

b)       Bonded with the Secretary of Agriculture as a Packer operating subject to the Act and regulations. 

Conclusions of Law

Respondent having admitted the jurisdictional facts, and the parties having agreed to the entry of this consent decision, the Consent Decision and Order will be entered.

Order

1.                  Respondents, their agents and employees, directly or through any corporate or other device, in connection with operations subject to the Act, shall cease and desist from:

Failing to pay, when due, the full purchase price of livestock.

2.                  Respondents shall increase their Packers and Stockyards bond to the amount of $180,000.00, and submit proof of the same to Complainant.

3.                  Respondents shall provide timely required annual reports as required under the Act and regulations.

4.                  In accordance with 7 U.S.C. § 193, Respondents are assessed a civil penalty in the amount of two thousand three hundred and fifty dollars ($2,350.00), to be paid by certified check or money order made payable to the Treasurer of the United States and sent to USDA, AMS, FTPP, PSD, P.O. Box 790312, St. Louis Missouri 63179-0312. The certified check or money order shall include the docket numbers of this proceeding (P&S Docket No. D-22-J-0008 and P&S Docket No. D-22-J-0009).

            This Order shall have the same force and effect as if entered after a full hearing. The provisions of this Order shall become effective on the day after service of this order on Respondent.

            Copies of this decision and Order shall be served upon the parties.

(Signature Page Omitted)