LEGAL PROCEEDINGS
−Removed: Refer to the description of the Broiler Antitrust Civil Litigation, the Wage Rate Litigation and the Broiler Chicken Grower Litigation under the heading “Commitments and Contingencies” in Part II, Item 8, Notes to Consolidated Financial Statements, Note 21:
+Added: Refer to the description of the Broiler Antitrust Civil Litigation, the Broiler Chicken Grower Litigation, the Pork Antitrust Litigation, the Beef Antitrust Litigation and the Wage Rate Litigation under the heading “Commitments and Contingencies” in Part II, Item 8, Notes to Consolidated Financial Statements, Note 20:
Commitments and Contingencies, which discussion is incorporated herein by reference.
8 unchanged sentences
While we do not admit any liability as part of the settlement, we believe that the settlement was in the best interests of the Company and its shareholders to avoid the uncertainty, risk, expense and distraction of protracted litigation.
+Added: On July 8, 2022, Barber Foods, LLC (“Barber Foods”), an indirect wholly owned subsidiary of the Company, received correspondence from the Environmental Protection Agency (“EPA”) extending an opportunity to confer and negotiate a Consent Agreement and Final Order (“CAFO”) for each of two Barber Foods frozen poultry storage facilities located in Portland, Maine (the “Maine Facilities”).
+Added: Included in the correspondence was a proposed CAFO for each facility.
+Added: Each proposed CAFO alleges violations of the Clean Air Act resulting from EPA compliance inspections conducted in June 2019 at the Maine Facilities.
+Added: The alleged violations include the failure to comply with process safety information requirements, failure to comply with mechanical integrity requirements and failure to adequately identify, evaluate, and control hazards.
+Added: The proposed CAFOs set forth a proposed aggregate civil penalty of $541,243 for the alleged violations at the Maine Facilities.
+Added: Barber Foods is currently in negotiations with the EPA with respect to the matter.
On December 19, 2019, a putative class of direct purchasers filed a class action against us, other turkey suppliers, and Agri Stats, Inc.
6 unchanged sentences
In April 2021, we reached agreement to settle all claims with the putative direct purchaser class for $4.625 million and with the putative commercial and institutional indirect purchaser class for $1.75 million.
−Removed: On May 25, 2021, the Court granted preliminary approval of the settlement with the putative direct purchaser class, and the final fairness hearing is scheduled for January 6, 2022.
−Removed: On July 26, 2021, the court granted preliminary approval of the settlement with the putative commercial and institutional indirect purchaser class, and the final approval hearing is expected to be held in early 2022.
+Added: On May 25, 2021, the Court granted preliminary approval of the settlement with the putative direct purchaser class, and on January 10, 2022, the Court granted final approval of the settlement with that class.
+Added: On July 28, 2021, the Court granted preliminary approval of the settlement with the putative commercial and institutional indirect purchaser class, and on February 10, 2022, the Court granted final approval of the settlement with that class.
While we do not admit any liability as part of the settlements, we believe that the settlements were in the best interests of the Company and its shareholders to avoid the uncertainty, risk, expense and distraction of protracted litigation.
7 unchanged sentences
Other Matters
−Removed: As of October 2, 2021, we had approximately 137,000 team members and, at any time, have various employment practices matters outstanding.
+Added: As of October 1, 2022, we had approximately 142,000 te am members and, at any time, have various employment practices matters outstanding.
In the aggregate, these matters are important to the Company, and we devote considerable resources to managing employment issues.
15 unchanged sentences
Donnie King President and Chief Executive Officer 60 2019
−Removed: Chris Langholz Group President International 58 2020
Shane Miller Group President Fresh Meats 53 2021
Jason Nichol Chief Customer Officer 50 2021
−Removed: Noelle O'Mara Group President Prepared Foods 42 2019
Johanna Söderström Executive Vice President and Chief People Officer 51 2020
10 unchanged sentences
Glendinning was employed at Molson Coors Brewing Company prior to joining the Company.
+Added: Effective October 2, 2022, Mr.
+Added: Glendinning stepped down from his duties as Executive Vice President and Chief Financial Officer to transition to the role of Group President Prepared Foods.
Donnie King was appointed President and Chief Executive Officer in June 2021 after serving as Chief Operating Officer since February 2021 and Group President Poultry since September 2020.
4 unchanged sentences
King was self-employed from 2016 to February 2019 before returning to the Company.
−Removed: Chris Langholz was appointed Group President, International in October 2021 after serving as President, International since February 2020.
−Removed: Langholz was President of Cargill Asia Pacific and President of International Protein prior to joining the Company.
Shane Miller was appointed Group President, Fresh Meats in February 2021 after serving as Chief Operating Officer, Fresh Meats since October 2020.
3 unchanged sentences
Nichol was employed by Nabisco, Cott Beverages and Scotts Miracle-Gro prior to joining the Company.
−Removed: Noelle O'Mara was appointed Group President, Prepared Foods in August 2019 after serving as Chief Marketing Officer since April 2019, having previously served as General Manager and Senior Vice President, Tyson Brands Deli and Innovation since 2018, Senior Vice President and General Manager Jimmy Dean Brands since 2017 and Vice President, Emerging Brands Innovation since joining the company in 2016.
−Removed: O'Mara was employed at Kraft Foods Group prior to joining the Company.
Johanna Söderström was appointed Executive Vice President and Chief People Officer in October 2021 after serving as Executive Vice President and Chief Human Resources Officer since July 2020.
5 unchanged sentences
Tu was employed by The Boeing Company prior to joining the Company.
+Added: Effective October 2, 2022, Ms.
+Added: Tu was named President, International and Chief Administrative Officer, expanding her enterprise leadership role of Chief Legal Officer and Secretary, Global Governance and Corporate Affairs.
Tyson was appointed Executive Vice President, Strategy and Chief Sustainability Officer in October 2021 after serving as Chief Sustainability Officer since September 2019, and Director, Office of the Chief Executive Officer since May 2019.
1 unchanged sentence
He was employed by J.P.
−Removed: Morgan as a private equity and venture capital investor prior to joining the Company.
+Added: Morgan and as a private equity and venture capital investor prior to joining the Company.
+Added: Effective October 2, 2022, Mr.
+Added: Tyson was appointed Executive Vice President and Chief Financial Officer to succeed Mr.
+Added: Tyson maintains his responsibilities for corporate development, strategy and sustainability concurrently with his appointment to Chief Financial Officer.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.