USDA Determines Individual not Responsibly Connected to California Violator

Wednesday, September 1, 2021 - 3:00pm
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Release No.

WASHINGTON, Sept. 1, 2021 – The United States Department of Agriculture (USDA) has determined that Brian Klein is not responsibly connected to Kendall Frozen Fruits Inc. (KFF), operating out of Newport Beach, Calif. This is an update to Press Release No: 042-21 issued on May 18, 2021.

KFF failed to pay $2,166,335 to two sellers for produce that was purchased, received and accepted in interstate commerce from May 2017 to July 2018. As a result, USDA imposed sanctions on the business, including requiring that all principals may not be employed by or affiliated with any PACA licensee without USDA approval.

USDA made an initial determination that Brian Klein was responsibly connected to KFF and subject to sanctions. Brian Klein contested his initial determination, and USDA has now determined that he was not responsibly connected to KFF at the time of the violations.

As a result, Brian Klein may be employed by or affiliated with any PACA licensee.

For further information, contact Corey Elliott, Chief, Investigative Enforcement Branch, at (202) 720-6873 or

The PACA Division, which is in the Fair Trade Practices Program in the Agricultural Marketing Service, regulates fair trading practices of produce businesses that are operating subject to PACA, including buyers, sellers, commission merchants, dealers and brokers within the fruit and vegetable industry. In the past three years, USDA resolved approximately 3,625 PACA claims involving more than $104 million. PACA staff also assisted more than 7,600 callers with issues valued at approximately $166 million. These are just two examples of how USDA continues to support the fruit and vegetable industry.


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