PSD- 5000 Reparation Complaint

U.S. DEPARTMENT OF AGRICULTURE
AGRICULTURAL MARKETING SERVICE
FAIR TRADE PRACTICES PROGRAM
PACKERS AND STOCKYARDS DIVISION

REPARATION COMPLAINT

BEFORE THE
SECRETARY OF AGRICULTURE

This form may be used to file complaint for reparation within 90 days after cause of action
accrued in accordance with Section 309(a) of the Packers and Stockyards Act, 1921, as amended
and supplemented (7 U.S.C. 210(a)).
1a. Complainant Name
1b. Complainant Address
1c. Complainant Telephone
1d. Complainant E-Mail
2a. Defendant Name
2b. Defendant Address
2c. Defendant Telephone
The following complaint is filed pursuant to section 309(a) of the Packers and Stockyards Act 1921, as
amended and supplemented. (7 U.S.C. 210(a)).
3. Date of Transaction
4. Amount Claimed
5a. Name of Business
where transaction
occurred:
5b. Address of Business
where transaction
occurred:
6. Briefly describe the transaction involved, including the terms of the contract or agreement and the
alleged violation. Attach all supporting documents and evidence. If space is insufficient, continue on
additional page and attach.

7. Itemize and explain how you calculated the amount claimed.

8. Date

9. Name of Complainant

10. Signature of Complainant

11. Title, if applicable

Form PSD 5000

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According to the Paperwork reduction Act of 1995, an agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information unless it displays a valid OMB control
number. The valid OMB control number for this information collection is 0581-0308. The time
required to complete this information collection is estimated to average 1.5 hours minutes per
response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information.
In accordance with Federal law and U.S. Department of Agriculture (USDA) civil rights regulations
and policies, this institution is prohibited from discriminating on the basis of race, color, national
origin, sex, age, disability, and reprisal or retaliation for prior civil rights activity. (Not all prohibited
bases apply to all programs.) Persons with disabilities who require alternative means of
communication for program information (e.g., Braille, large print, audiotape, American Sign
Language, etc.) should contact the responsible State or local Agency that administers the program or
USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal
Relay Service at (800) 877-8339. Additionally, program information is also available in languages
other than English.
To file a complaint alleging discrimination, complete the USDA Program Discrimination Complaint
Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any
USDA office or write a letter addressed to USDA and provided in the letter all of the information
requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your
completed form or letter to USDA by: (a) mail: U.S. Department of Agriculture, Office of the
Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 202509410; (b) fax: (202) 690-7442; or (c) email: [email protected].

Form PSD 5000

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Instructions to Complete
Reparation Complaint
Form PSD 5000
If you believe you have been harmed by the actions of the stockyard owner, market agency or
dealer subject to the Packers and Stockyards Act, 1921, as amended and supplemented, then you
may file a reparation complaint, in writing, within 90 days after the cause for action occurs.
Submit two (2) completed and notarized copies of the completed form, with accompanying
documentation, to the PSD regional office that covers your area. The Areas covered by each
regional office are listed below the regional office's address. An additional notarized copy of the
completed form and documentation should be retained for the complainant's files.
Regional Offices of the Packers and Stockyards Division
Agricultural Marketing Service, Fair Trade Practices Program
Eastern Regional Office
Midwestern Regional Office
Western Regional Office
75 Ted Turner Drive SW, Ste 230 210 Walnut Street, Room 317
3950 Lewiston St., Suite 200
Atlanta, GA 30303-3308
Des Moines, IA 50309-2110
Aurora, CO 80011-1556
Telephone: (404) 562-5840
Telephone: (515) 323-2579
Telephone: (303) 375-4240
FAX: (404) 562-5848
FAX: (515) 323-2590
FAX: (303) 371-4609
E-mail:
E-mail:
E-mail:
[email protected]
[email protected] [email protected]
States Covered
States Covered
States Covered
AL, AR, CT, DC, DE, FL, GA,
IA, IL, IN, KY, MB, MI, MN,
AB, AK, AZ, BC, CA, CO, HI,
LA, MA, MD, ME, MS, NC,
MO, ND, NE, OH, ON, SD, WI ID, KS, MT, NM, NV, OK, OR,
NH, NJ, NL, NY, PA, PR, QC,
SK, TX, UT, WA, WY
RI, SC, TN, VA, VT, WV
If you have any questions about the form or completing the form, please contact the PSD
Regional Office that covers your area, as listed above. Additional copies of the form may be
obtained from the regional office, or on the PSD website at
https://www.ams.usda.gov/resources/forms.
Line No.
Subject
1
Name, Address,
a,b,c,d Phone and e-mail of
Complainant
2
Name, Address and
a,b,c
Phone of Defendant
3

Date of Transaction

4
5a

Amount Claimed
Name of Business

5b

Location of
Transaction

Form PSD 5000

Instructions
Enter the name and street, city, state and zip+4, phone and email address of the complainant wishing to file a complaint of
reparation.
Enter the name and street, city, state and zip+4 and phone of
the stockyard owner, market agency or dealer the complaint is
being filed against.
Enter the date of the transaction upon which you based your
complaint.
Enter the amount you are claiming as damages.
Enter the name of the business where the transaction took
place.
Enter the street, city, state, zip+4 and phone of the business
where the transaction took place.

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Line No.
Subject
6
Description of the
transaction
7
8
9
10
11

Itemize Amount
Claimed
Date
Name of
Complainant
Signature
Title

Instructions
Give a brief description of the events involving the transaction,
including the alleged violation(s). All supporting
documentation must be attached to the complaint.
Itemize the transaction and provide an explanation of how you
calculated the amount of damages that you are claiming.
Enter the date you sign the complaint
Enter the name of the complainant.
The complainant must sign the form.
Enter the title of the complainant, if applicable.

Sections 308 and 309 of the
Packers and Stockyards Act, 1921, as Amended and Supplemented
In Relevant Part
Section 308. Liability to individuals for violations; enforcement generally
(a) If any person subject to this Act violates any of the provisions of this Act, or of any order of
the Secretary under this Act, relating to the purchase, sale, or handling of livestock, the purchase
or sale of poultry, or relating to any poultry growing arrangement or swine production contract,
he shall be liable to the person or persons injured thereby for the full amount of damages
sustained in consequence of such violation.
(b) Such liability may be enforced either (1) by complaint to the Secretary as provided in section
309, or (2) by suit in any district court of the United States of competent jurisdiction; but this
section shall not in any way abridge or alter the remedies now existing at common law or by
statute, but the provisions of this Act are in addition to such remedies. (7 U.S.C. 209)
Section 309. Proceedings before Secretary for violations.
(a) COMPLAINT; RESPONSE; SATISFACTION OR INVESTIGATION. Any person
complaining of anything done or omitted to be done by any stockyard owner, market agency, or
dealer (hereinafter in this section referred to as the “defendant”) in violation of the provisions in
this subchapter 1, or of an order of the Secretary made under this subchapter, may, at any time
within ninety days after the cause of action accrues, apply to the Secretary by petition which
shall briefly state the facts, whereupon the complaint thus made shall be forwarded by the
Secretary to the defendant, who shall be called upon to satisfy the complaint, or to answer it in
writing, within a reasonable time to be specified by the Secretary. If the defendant within the
time specified makes reparation for the injury alleged to be done he shall be relieved of liability
to the complainant only for the particular violation thus complained of. If the defendant does not
satisfy the complaint within the time specified, or there appears to be any reasonable ground for
investigating the complaint, it shall be the duty of the Secretary to investigate the matters
complained of in such manner and by such means as he deems proper.

1 The phrase “this subchapter,” currently used twice by the U.S.C. in the first sentence of section 309 (7 U.S.C. 210), did not appear in the original statue. The original law
referenced the provisions “of 304, 305, 306, or 307,” or of an order of the Secretary made under “this title.” However, judicial precedent supports the broader interpretation
reflected by the use of “this subchapter” in the U.S.C., which means Title III of the Packers and Stockyards Act, 1921.

Form PSD 5000

Expires XX/XX/XXXX

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