AMS No. 206-09

Nadine Wilkins (202)720-8998

Nadine.wilkins@ams.usda.gov

Billy Cox (202)720-8998

Billy.cox@ams.usda.gov

WASHINGTON, Oct. 28, 2009 - The U.S. Department of Agriculture has filed an administrative action against Mister Sprout Inc., operating in Bronx, N.Y., and Anthony J. Spinale. The complaint alleges that Mister Sprout Inc. unlawfully employed or has been affiliated with Anthony J. Spinale in violation of the Perishable Agricultural Commodities Act (PACA).

Anthony J. Spinale was barred from operating a PACA licensed produce business or being employed by a PACA licensee as the result of his responsibly connected status with G & T Terminal Packaging Co. Inc. (G & T), operating in Bronx, N.Y. The PACA license of G & T was revoked when the company was determined to have violated the PACA.

Mister Sprout Inc. and Anthony J. Spinale will have an opportunity to request a hearing. Should USDA find that Mister Sprout Inc. committed repeated and flagrant violations, it could be barred from the produce industry for two years. Furthermore, its principals could not be employed by or affiliated with any PACA licensee for one year and then only with the posting of a USDA-approved surety bond.

In addition, if Anthony J. Spinale is cited for unlawful employment or affiliation with

Mister Sprout Inc., the USDA could extend his employment sanctions for an additional one year period.

The PACA establishes a code of good business conduct for the produce industry. Under it, all interstate traders in fresh and frozen fruits and vegetables must be licensed by USDA. USDA is authorized to suspend or revoke a trader’s license for violating the act.