WASHINGTON, Oct. 22, 2010 – The U.S. Department of Agriculture (USDA) has cited Salyer American Fresh Foods Inc., (Salyer) Monterey, Calif., for failure to make full payment promptly to 10 sellers totaling $257,629.50 for 55 lots of produce. In addition, while acting as a growers’ agent, Salyer failed to remit net proceeds to 20 growers totaling $2,040,186.51 for 2,479,143 containers of produce. This is in violation of the Perishable Agricultural Commodities Act (PACA).
As a result of these actions, Salyer cannot operate in the produce industry until Aug. 11, 2012, at which time it may reapply for a PACA license.
The company’s principals, Frederick S. Salyer and Stefanie A. Salyer, may not be employed by or affiliated with any PACA licensee until Aug. 11, 2011, and then only with the posting of a USDA-approved surety bond.
Under PACA provisions, those individuals held responsibly connected to PACA violations, including sole proprietors, partners, members, officers, directors, and stockholders, may not be employed by or affiliated with any PACA licensee without USDA-approval.
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 filed under the PACA involving $30 million. This is just one more way the USDA continues to support the fruit and vegetable industry.
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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