DB—Lancaster Farming, Saturday, February 27,1982
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KANSAS CITY, Mo. Livestock
Marketing Association has urged
Congressional action in several
specific areas ol livestock
marketing law reform, calling the
Packers and Stockyards Ad
ministration's efforts in this area
"woefully inadequate.”
In a statement submitted to the
Livestock, Dairy and Poultry
Subcommittee of the House
Agriculture Committee, LMA said
action on its proposals was
necessary to "remedy present
deficiencies in livestock marketing
laws,” The proposals are con
tained in LMA’s "Livestock
Marketing Reform Act” and the
statement:
Urged enactment ot measures
currently before both the House
and Senate that would greatly
stiffen penalties tor a variety ot
interstate livestock marketing
frauds. These measures are part ot
LMA’s "Crime Prevention in
Livestock Marketing” campaign.
Proposed substituting a more
comprehensive Livestock Trust
Account tor the currently
mandated custodial account, used
to pay a marketing business’
customers. The Trust Account
would be established and main
tained to clear all purchase and
sale transactions, and would
require a marketing business to
pay livestock owners with a
bankable instrument upon com
pletion ot their sale transactions.
Asked tor measures to shield
packers and marketing businesses
who sell, in good taith, mortgaged
livestock, trom conversion claims.
Holders of liens against livestock,
where they were purchased with a
federal loan, would be prohibited
trom recovering from sellers ot
that livestock unless the seller has
received “actual written notice”
that such a lien exists. En
forcement ot this provision would
be given to the U.S. federal district
courts.
Would authorize appeals trom
the decisions ot the U.S. Depart
ment ot Agriculture’s Judicial
Officer to the federal district
courts, rather than the U.S. Circuit
Courts ot Appeal. The Judicial
Officer is currently the final USDA
authority in administrative law
matters brought under the
Packers and Stockyards Act.
Giving the district courts authority
to hear appeals would expedite
them.
Because ot the P&SA’s "un
willingness to relieve livestock
marketing of the costly burden of
vim Old Guard
OffIQQOQaQD OmsoaD’oiaGQ S®sjQpaDD\y
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LMA
requests Congressional action on reform
outmoded regulation, despite the
(Agency’s) claims to the contrary,
an impasse has been reached,”
LMA said.
Congressional action is also
necessary, the statement said,
because ot the criminal acts ot
traud, theft and embezzlement
which “constitute a real threat in
livestock marketing,” and because
of the "business risks involved” in
all aspects ot marketing.
LMA’s statement cited several
examples to back up its contention
that the P&SA’s internal Task
Force Report on regulatory retorm
was "selt-servmg ot the mlerests
ot the Agency, rather than
responsive to the best interests ot
the livestock industry, or
businesses subject to the P&S
Act.”
And, the statement continued,
the Task Force report is
“deceptive and misleading to
livestock owners, to marketing
businesses subject to the P&S Act,
and to the United States
Congress.”
LMA also pointed out that in its
budget justification tor fiscaf year
1983, P&S officials told Congress
that several hundred thousand
dollars could be saved through the
agency’s plans to exempt trom
bonding all livestock dealers
having an annual sales volume of
1500,000 or less.
However, at present, this
exemption is only a proposal, the
statement said. LMA questioned
the tactic of promising budget
savings to Congress based on a
presumption that a proposal will
be adopted.
The statement also noted that
T-W *«■ *
TRACTOR SAFETY HINT
Shield moving parts.
Neverremove the shields provided
by the manufacturer They could
save your neck. Always stop the
tractor engine before you climb
down Also, shut off the pto before
dismounting Alt moving parts are
dangerous Don't wear loose cloth
ing Don t go for this kind of a spin
because ot the
unpact ot the Task Force Report,”
LMA petitioned the Secretary ot
Agriculture tor public hearings on LMA also said F&SA, USDA’s
its contents. Despite the tact that Agricultural Marketing Service
sumlar requests were submitted and its Ottice ot General Counsel
by a number ot state agriculture should be given "lull op
otticials, the request was turned portumty...lo present their
down, LMA said.
The
statement ask<-u that the
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give these
"early con-
Subcommittee
proposals
sideration.”
position.”
LMA submitted its statement on
Feb. 19 alter a hearing on the
F&SA Task Force Report before,
the Subcommittee was postponed.
That hearing, which had been
scheduled for Feb. 25, was post
poned so that the lull Committee
could draft recommendations on
spending limits tor agricultural,
food and related programs for the
1983 fiscal year.
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