Release No.: 105-14
Nadine Wilkins (202) 720-8998
WASHINGTON, April 7, 2014 – The U.S. Department of Agriculture (USDA) has imposed sanctions on two produce businesses for failure to pay reparation awards issued under the Perishable Agricultural Commodities Act (PACA).
The following businesses and individuals are currently restricted from operating in the produce industry:
--Hoja Trans Inc., operating out of Laredo, Texas, for failing to pay a $15,217 award in favor of a Louisiana seller. As of the issuance date of the reparation order, Thelma I. De La Cruz Escamilla was listed as the officer, director, and major stockholder of the business.
--Nachos Produce Corporation, operating out of McAllen, Texas, for failing to pay a $2,620 award in favor of a Texas seller. As of the issuance date of the reparation order, Luis Perez Landa and Ignacio Perez Najera were listed as the officers, directors, and/or major stockholders of the business.
PACA provides an administrative forum to handle disputes involving produce transactions; this may result in a reparation order being issued that requires damages to be paid by those not meeting their contractual obligations in buying and selling fresh and frozen fruits and vegetables. USDA is required to suspend the license or impose sanctions on an unlicensed business that fails to pay PACA reparations awarded against it as well as impose restrictions against those principals determined to be responsibly connected to the business when the order is issued. Those individuals, including sole proprietors, partners, members, managers, officers, directors, or major stockholders may not be employed by or affiliated with any PACA licensee without USDA-approval.
The Agricultural Marketing Service (AMS), PACA Division, regulates fair trading practices of produce businesses operating subject to PACA, which includes buyers, sellers, commission merchants, dealers, and brokers within the fruit and vegetable industry. All oversight of actions related to PACA are conducted by the AMS, an agency within USDA.
In the past three years, USDA resolved approximately 4,600 claims filed under PACA involving more than $87 million. This is just one more way USDA continues to support the fruit and vegetable industry.
For more information, contact John Koller, Chief, Dispute Resolution Branch at (202) 720-2890, by fax at (202) 690-2815, or by email at firstname.lastname@example.org
regarding this matter.
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