(1) Being subject to the Packers and Stockyards Act, 1921, 7 U.S.C. § 181 et seq., as it existed on January 1, 2013;
(2) Obtaining livestock from a commission merchant by representing that the person will make prompt payment; and
(3) Failing to make payment in accordance with 7 U.S.C. § 228b, as it existed on January 1, 2013.
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