Public Affairs
WASHINGTON, Nov. 10, 2021 – The U.S. Department of Agriculture (USDA) reached a consent decision against Tommy Baxley, doing business as Tri State Cattle Marketing (Baxley) of Alabama, on Oct. 18, 2021, for alleged violation of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service (AMS) revealed that from Sept. 22, 2017, through Feb. 24, 2018, Baxley failed to pay the full purchase price of livestock in four transactions totaling $347,108. Baxley also issued insufficient funds checks to livestock sellers.
Under the consent decision, Tommy Baxley agreed to cease and desist from failing to pay when due for livestock, failing to pay the full purchase price of livestock and issuing checks in payment for livestock purchases that are returned unpaid by the bank upon which they are drawn.
Baxley was suspended as a registrant under the Act for five years from the effective date of this consent decision and order, subject to possible modification to three years and nine months, provided Baxley demonstrates that he made full payment of the civil penalty and $347,108 owed to livestock sellers resulting from his failure to pay for livestock. During the suspension, Baxley is prohibited from operating in any capacity for which registration and bonding is required under the Act. Baxley was also assessed a $3,000 civil penalty, payable in monthly installments beginning 30 days after Aug. 31, 2022, which is the date by which the U.S. District Court, Middle District of Georgia, Valdosta Division, in a parallel criminal action, ordered Baxley to make full restitution to the unpaid livestock sellers.
The P&S Act is a fair-trade practice and payment protection law that promotes fair and competitive marketing environments for the livestock, meat and poultry industries.
For further information about the Packers and Stockyards Act, contact Kraig Roesch, Packers and Stockyards Division, at (303) 375-4291, or by email at kraig.roesch@usda.gov.
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