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The federal government heavily regulates agricultural activities in the interest of both safety and commerce. An individual or business who fails to follow these regulations could face a USDA violation and potential charges. If you are being investigated for a possible violation, a Lincoln USDA violations defense lawyer could help.
The hard-working defense lawyers at Berry Law can work with you to understand the laws and regulations that apply to your case. A persistent attorney can then work to create a defense that will best serve to help you reach a favorable outcome.
The Role of the USDA
The United States Department of Agriculture is authorized to oversee and regulate almost every producer of foodstuffs in the country. Any time a company produces consumable products to sell them to another party, they are subject to inspection by the USDA.
One prominent example of businesses in Lincoln that are subject to USDA rules are companies selling or marketing livestock or poultry. The Packers and Stockyards Act creates a list of requirements that differs for every entity in this business. In general, every entity must:
- Provide prompt payment within two weeks of slaughter
- Use accurate and calibrated scales
- Use competent and trained employees to weigh each animal
- Maintain and provide accurate records concerning the sale
A failure to follow these rules can lead to a variety of legal issues. A Lincoln USDA violations defense lawyer could help farmers, stockyards, and poultry dealers understand their obligations under the law.
Possible Consequences for a Violation in Lincoln
Each portion of the law subject to the USDA has its own regulatory scheme and process for handling complaints. It is helpful to examine an example of the disciplinary structure of the Packers and Stockyards Act (PSA) to understand these laws. The Packers and Stockyards Division is responsible for investigating and recommending prosecution for any alleged violations of the PSA. If an inspector finds a violation, they have four options for moving forward:
- Notice of violations – the least serious form of discipline, the Division issues a formal letter to the company listing the problems and recommending simple fixes
- Stipulation agreements – this is a settlement agreement where the Division lists the problems with the company and recommends that the company pay a fine and fix the problems
- Administrative actions – the Division files a formal complaint against the company
- Court actions – the most serious offenses may result in the Division referring the case to the Justice Department for criminal prosecution
A Lincoln USDA violations defense lawyer could help those facing violations understand any notices of violations that they have received and work towards a positive outcome.
Let A Lincoln USDA Violations Defense Lawyer Help
Operating a farm, stockyard, or poultry operation means following the various rules and regulations overseen by the USDA. These include rules for handling animals, maintaining sanitary conditions, and providing proper payments to customers. Any alleged violation of these rules can bring serious consequences.
A Lincoln USDA violations defense lawyer could help if you are facing a violation. Contact Berry Law for a confidential consultation to discuss your situation and see if we could help you.
