AMS issues complaint against Blair, Neb., cattle buyer for failure to pay for livestock
August 24, 2018
WASHINGTON – On July 26, 2018, the U.S. Department of Agriculture, Agricultural Marketing Service issued an administrative complaint against Bruce D. Camenzind, dba Clarence E. Camenzind Funnel Trust; BK Farms; Dixon Ranch (Camenzind), Blair, Neb., for alleged violations of the Packers and Stockyards Act.
The alleged violations that led to the complaint against Camenzind were revealed in an AMS investigation that found Camenzind failed to pay $25,853 for 64 head of livestock purchased in seven transactions from June 5 to July 31, 2017. Camenzind also failed to pay, when due, the full price for livestock purchases in 20 transactions from April 21 to July 26, 2017. Payment for all livestock is due before the close of the business day following the purchase and transfer of possession of the livestock. Failure to pay when due is a violation of Sections 312 and 409(a) of the P&S Act.
The investigation also found Camenzind issued four insufficient funds checks to livestock sellers totaling $55,487. Dealers must maintain sufficient funds on deposit and available in the account upon which checks are drawn to support payment when presented. Any delay in the market's normal period for collecting payment caused by the dealer is an unfair, unjust, discriminatory or deceptive practice and is a violation of Section 312(a) of the P&S Act.
In a previous order issued June 25, 2012, Camenzind was assessed a civil penalty in the amount of $30,000, of which $25,000 was held in abeyance for a period of 18 months for: 1) failing to pay and failing to pay when due, the full purchase price of livestock within the time period required by the P&S Act; and 2) failing to have and maintain sufficient funds on deposit and available in the account upon which checks were drawn when presented.
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 P&S Act, contact Stuart Frank, Director, Packers and Stockyards Division, Fair Trade Practices Program, at (515) 710-0625, or Stuart.Frank@ams.usda.gov.