Sebastopol Meat Company, Inc., and Robert W. Singleton v. Secretary of Agriculture

Sebastopol Meat Company, Inc. (Sebastopol) and Robert W. Singleton petition this court to set aside a cease and desist order of the Secretary of the Department of Agriculture (Secretary), issued under the authority of the Packers and Stockyards Act (Act), 7 U.S.C. §§ 181 et seq.

In a complaint initiated by the Department, Sebastopol and Singleton were charged with failing to pay, when due and in full, for livestock purchased in commerce, in violation of federal regulations ( 9 C.F.R. § 201.43 (b)), and with thereby engaging in an unfair and deceptive practice in commerce, contrary to 7 U.S.C. § 192 (a). A cease and desist order issued against Sebastopol, its officers, directors, agents and employees and against Singleton as an individual and in any corporate capacity.

As the case reaches us, the only issue for our consideration is the propriety of that part of the cease and desist order which runs against Singleton as an individual, as distinguished from Singleton as an officer of the corporation.

As to this phase of the ease, the Judicial Officer made the following findings and conclusions:

The only express provision in the Act identifying the persons against whom a cease and…