Sirmon Produce Inc. and Sirmon Farm in Alabama Pays $45,000 Fine and 45 days

Date
Wednesday, December 1, 2010 - 11:00am

AMS No. 250-10

WASHINGTON, Dec. 1, 2010 – The U.S. Department of Agriculture (USDA) has cited Sirmon Produce Inc. and Sirmon Farm of Daphne, Ala., for misrepresenting the state of origin of sweet potatoes shipped in interstate commerce. Sirmon Produce Inc. shipped and sold 35,788 boxes of Alabama-grown sweet potatoes that had been packed by Sirmon Farm (Sirmon), with markings that indicated the sweet potatoes were from Louisiana, a violation of Section 2(5) of the Perishable Agricultural Commodities Act (PACA).

As a result of these actions, the USDA and Sirmon entered into a consent decision for which Sirmon paid a civil penalty of $45,000.00 and Sirmon Farm was suspended for a period of 45 days.

The Agricultural Marketing Service (AMS), PACA Branch, regulates fair trading practices of produce companies operating subject to the PACA, which includes buyers, sellers, commission merchants, dealers, and brokers within the fruit and vegetable industry. The USDA is authorized to suspend or revoke a company’s license for violations of the PACA. All oversight of actions related to the PACA are conducted by the AMS, an agency within the USDA.

In fiscal year 2010, USDA resolved approximately 2,000 claims totaling $30 million under the PACA as a result of their continued efforts to serve and protect the fruit and vegetable industry from unlawful trade practices.

For further information contact Phyllis Hall, Director, Trade Practices Section, at (202) 720-6873, by fax at (202) 720-8868, or by email at TradePracticesSection@ams.usda.gov.

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