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Livestock Marketing Association applauds Congressman Marshall’s introduction of SALE Act

October 18, 2017

Washington, D.C.

Contact
Lindsay Graber Runft
lrunft@lmaweb.com
(816) 301-2426

Livestock Marketing Association applauds Congressman Marshall’s introduction of SALE Act

The Livestock Marketing Association (LMA) applauds Congressman Roger Marshall (R-KS) on his introduction of the Securing All Livestock Equitably (SALE) Act, H.R. 4058. The SALE Act would amend the Packers and Stockyards Act, helping to provide sellers of livestock with payment protection during dealer payment defaults.

“LMA is grateful for the tremendous leadership of Congressman Marshall in the introduction of the SALE Act, which would correct an unfairness in current law causing dealer payment defaults to devastate unpaid livestock auction markets, like mine, as well as farmers and ranchers selling to dealers directly,” said LMA President, Jerry Etheredge. “Along with our partner producer organizations, we encourage the House to take swift action to approve this bill.”

The SALE Act would create a Dealer Statutory Trust, modeled after the existing Packer Statutory Trust. This would give unpaid sellers of livestock (producers, markets, and other dealers) first priority in livestock or, if the livestock have already been resold, the proceeds and receivables from those livestock.

This is necessary because current law results in livestock sellers—producers, markets, and occasionally other dealers—going unpaid with little recourse in a livestock dealer default. Payment protection options in the Packers and Stockyard Act currently do not provide sufficient protection. According to Grain Inspection Packers and Stockyards Administration (GIPSA) data, from 1999–2013, the average return on a livestock dealer bond claim was 15 cents per dollar. This does not include the Eastern Livestock bankruptcy, where the return was less than 5 cents per dollar.

The passage of the SALE Act would greatly improve recovery by adding a Dealer Statutory Trust in addition to the current bond protections.

LMA greatly appreciates SALE Act original co-sponsors Representatives David Rouzer (R-NC), Chairman of the House Agriculture Subcommittee on Livestock and Foreign Agriculture; Jim Costa (D-CA), Ranking Member of the House Agriculture Subcommittee on Livestock and Foreign Agriculture; Jodey Arrington (R-TX); Cheri Bustos (D-IL); James Comer (R-KY); Vicky Hartzler (R-MO); Steve King (R-IA); Frank Lucas (R-OK); Terri Sewell (D-AL); Jason Smith (R-MO); Darren Soto (D-FL); Glenn Thompson (R-PA); Ted Yoho (R-FL); and David Young (R-IA).

For more information on a Dealer Statutory Trust, visit www.LMAweb.com/policy/ under category “Dealer Statutory Trust.”


About the Livestock Marketing Association

The Livestock Marketing Association (LMA), headquartered in Overland Park, Kan., is North America’s leading, national trade association dedicated to serving its members in the open and competitive auction method of marketing livestock. Founded in 1947, LMA has more than 800 member businesses across the U.S. and Canada and remains invested in both the livestock and livestock marketing industries through member support, education programs, policy representation and communication efforts.



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Florida auction market bounces back after Category 3 hurricane

As Hurricane Idalia grew closer to Florida’s Big Bend on Monday, August 28 — just two days before it would hit land — many residents were prepping for the storm. But for Alvin “Ab” Townsend and his nephew Rick Greiner, there was a different kind of preparation taking place. Tuesday is sale day at their Townsend Livestock Market, and it was business as usual, despite the uncertainty of what might come. “I started calling some of our buyers,” Greiner says. “And as long as they were going to buy cattle, we were going to have a sale.” So, sell cattle they did. They got through 400 head before they needed to shut down and head home. Early Wednesday morning, the Category 3 hurricane made landfall. Greiner couldn’t get out of his house, but Townsend — along with his wife and sister — were able to drive to the auction market that’s been in the family for four generations. At first, he thought they were at the wrong place. “It didn’t look anything like our place,” Townsend says. “Everything was just on the dirt. The building, our pens, everything was just on the dirt.” Moving On  Before Wednesday had ended, the family had called John Kissee, regional executive officer at Livestock Marketing Association. As longtime members, as well as clients of the association’s Livestock Marketing Insurance Agency, they knew they were covered.  Kissee understood Ab and Rick would want to move quickly but took time to ensure all bases were covered, insurance-wise. Kissee called back the following day, as promised. He told them the tear down and clean up could begin after taking photos to document the damage. By Monday, excavators were scraping the slab where the auction market once stood. Greiner says they had no choice but to move quickly, and they had no intention of missing more than one sale day. They started getting pens up and brainstorming how they’d hold the following week’s auction with less-than-ideal infrastructure.  To be safe, they didn’t advertise. And yet, they still got 400 head. It went well and they doubled their numbers the following week. Of course, there were challenges to selling in such makeshift facilities — like the Tuesday it rained all day and there was no barn to offer cover. But Greiner says they remained grateful through it all. “You don’t have to look very far to see somebody who’s got it worse than what we had,” he says. “We’re just lucky to be back to work and selling good cattle for our good producers.” A Helping Hand Both men are quick to credit the role Livestock Marketing Insurance Agency played in their recovery efforts. “I wouldn’t want to imagine not having Mr. John to call,” Greiner says.  Townsend agrees. “The thing with insurance,” the third-generation auction market operator says, “is you don’t need it until something happens. But then when something happens you better thank the Good Lord you had it. Because what would we have done?” Not only did Kissee and the insurance adjuster make the process a breeze, but Townsend says it never felt like a business transaction. “They’re more than just a company,” he says. “LMIA is a group of people who cares.”