USDA this week issued new guidance on how it plans to enforce the Packers and Stockyards Act in light of the final rule issued in December 2020.
The new enforcement guidance, in the form of a frequently asked questions (FAQ) document, states that USDA does not view the December 2020 Final Rule defining “Undue or Unreasonable Preferences or Advantages under the Packers and Stockyards Act” as requiring a showing of industry-wide injury to competition in order to proceed with a Packers and Stockyards Act (PSA) complaint.
The guidance also states that USDA does not view the criteria listed in the December 2020 rule as exhaustive or determinative.
USDA said it plans to review complaints on a case-by-case basis, a process which is set forth in the December 2020 rule.
The full FAQ document can be found here.
