USDA Issues Complaint Against Jonathan Allen Sivertson d.b.a. Sivertson Farms
WASHINGTON, Aug. 2, 2019 – As part of its commitment to ensuring fair and competitive markets for the livestock, meat and poultry industries, on July 19, 2019, the U.S. Department of Agriculture (USDA) issued a complaint and notice of hearing against Salvatore Anthony DiMaria (DiMaria) and ADD Enterprises Inc. (ADD) of Dix Hill, N.Y., for alleged violations of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service revealed that DiMaria and ADD failed to pay the full purchase price for 1,436 head of livestock, totaling $1,746,464 from Feb.12, 2018, through June 17, 2019. Additionally, DiMaria and ADD failed to timely pay for 331 head of livestock, totaling $400,748 from March 19, 2018, through Aug. 06, 2018.
The P&S Act requires subject entities to issue full payment for livestock by the close of the first business day following purchase and transfer of possession. Failure to timely pay for livestock purchases and failure to issue the full payment for purchases is an unfair trade practice and a violation of the P&S Act.
DiMaria and ADD will have 20 calendar days following receipt of the complaint to respond directly to the USDA Hearing Clerk’s Office or be found in violation and subject to penalty.
The P&S Act authorizes the Secretary of Agriculture to assess civil penalties up to $28,061 per violation against any person after the notice and opportunity for hearing on the record. If the allegations are admitted or proven in an oral hearing, DiMaria and ADD may be ordered to cease and desist from violating the P&S Act and assessed a civil penalty.
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.