Business

Big Chicken Getting Bigger: Cargill and Continental Grain Buy Sanderson Farms.

The heart of the matter is that three companies will control 50 percent of the broiler market:

Combining Sanderson with Georgia-based Wayne Farms LLC, a poultry company owned by Continental, would form a new competitor representing about 15% of U.S. chicken production, according to data from Watt Poultry USA. Tyson Foods Inc. leads the industry with about one-fifth of the market, while Pilgrim’s Pride Corp. represents about 16% of the national total.

Koch, Perdue, and a handful of others have the rest. As Lt. Frank Drebin once said, nothing to see here.

Read the full story on the Wall Street Journal:

"Peanut Cartel" Class-Action Suit Comes to a Close

Agribusiness consolidation is the theme of the week.


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From Mike Leonard’s article on Bloomberg Law:

Antitrust litigation against the country’s top peanut shelling companies has concluded after a federal judge in Virginia approved a $45 million settlement between an Archer Daniels Midland Co. subsidiary and the farmers leading the class action.

Judge Raymond A. Jackson signed off late Tuesday on the agreement with ADM unit Golden Peanut Co., nearly four months after giving his blessing to a $50 million deal letting Birdsong Corp. out of the case and a $7.75 million settlement with an Olam International Ltd. affiliate.

“Adjudication of plaintiffs’ claims has already proven costly,” and “future appeals of any jury outcome are not only possible, but likely given the amount of money at stake,” Jackson wrote. “Any further litigation of this case would be lengthy, complex, and expensive, making settlement favorable to the class.”

The ruling came one day after a final fairness hearing July 26, at which the judge indicated he would approve the deal and take “under advisement” a bid by class counsel for fees totaling one-third of the $102.75 million settlement fund.

Jackson, who awarded $1.9 million in expenses to class counsel in April, didn’t rule on the fee request in his order Tuesday.

The lawsuit, filed in 2019, accuses the peanut shellers of doctoring inventory numbers “to create the false impression of an oversupplied market,” then offering artificially low prices that forced small growers to borrow ruinously against their farm equity.



Anyone notice that lawyers want one-third of the total settlement?

Price Fixing Charges in Broiler Industry

From 7/29/21 press release from the Department of Justice:

A federal grand jury in Denver, Colorado, returned an indictment yesterday charging Koch Foods, headquartered in Park Ridge, Illinois, for participating in a nationwide conspiracy to fix prices and rig bids for broiler chicken products. Separately, a federal grand jury in Denver returned an indictment charging four executives for their roles in the same conspiracy.

According to court documents, the four charged former Pilgrim’s Pride executives are Jason McGuire, a former Executive Vice President of Sales for Prepared Foods; Timothy Stiller, a former General Manager of Fresh Food Services and Small Bird Debone; Wesley “Scott” Tucker, a former National Accounts sales executive; and Justin Gay, a former Director of Fresh Foodservice Sales.

The indictments allege that the defendants and co-conspirators conspired to suppress and eliminate competition for sales of broiler chicken products, which are chickens raised for human consumption and sold to grocers and restaurants. Koch’s senior vice president, William Kantola, is among ten individuals indicted in October 2020 for their roles in the conspiracy. On May 19, a grand jury returned an indictment against Claxton Poultry for its role in the same conspiracy, which today’s indictment supersedes. Pilgrim’s Pride, a major broiler chicken producer based in Greeley, Colorado, pleaded guilty and was sentenced in February 2021 to pay a criminal fine of $107 million for its role in the conspiracy. The long-running conspiracy began as early as 2012 and lasted until at least 2019.

Details on the USDA Farm Storage Facility Loans

Farm Storage Facility Loans (FSFL) provide low-interest financing for producers to build or upgrade farm storage and handling facilities and to store eligible commodities they produce. The program is administered by the USDA Farm Service Agency (FSA).

A producer may borrow up to $500,000 per loan, with a minimum down payment of 15 percent. Loan terms are up to 12 years, depending on the amount of the loan. Producers must demonstrate storage needs based on three years of production history. 

There is a nonrefundable application fee of $100.

Microloans

Producers who select the microloan option can borrow up to $50,000, with the minimum down payment reduced to 5 percent and shorter loan terms. Producers can self-certify the storage needs of the eligible commodity and are not required to demonstrate storage needs based on production history.

Eligible Commodities

  • Grains, including rye, peanuts and rice
  • Pulse crops
  • Hay
  • Honey
  • Renewable biomass
  • Fruits, nuts, and vegetable — cold storage facilities
  • Floriculture
  • Hops
  • Maple sap
  • Dairy products
  • Eggs
  • Meat/poultry (unprocessed)
  • Aquaculture (excluding live-animal systems)

Eligible Facilities, Equipment and Upgrades

The following types of new/used facilities and upgrades are eligible and must have a useful life for at least the term of the loan (this list is not exhaustive, and producers should check with their local FSA office on the eligibility of other retained "equipment," such as returnable CSA boxes):

  • Conventional cribs or bins
  • Oxygen-limiting structures
  • Flat-type storage structures
  • Electrical equipment and handling equipment, excluding the installation of electrical service to the electrical meter
  • Safety equipment, such as interior and exterior lighting
  • Equipment to improve, maintain or monitor the quality of stored grain
  • Concrete foundations, aprons, pits and pads, including site preparation, off-farm labor and material essential to the proper operation of grain storage and handling equipment

For more information and current lending rates, see the USDA Farm Storage Facility Loan Program page