USDA Lifts PACA Reparation Sanctions on New York Produce Business

Date
Wednesday, June 22, 2016 - 9:00am

Release No.: 114-16

WASHINGTON, June 22, 2016 – The U.S. Department of Agriculture (USDA) announced that National Farm Wholesale Fruit & Vegetable Corp., satisfied a reparation order issued under the Perishable Agricultural Commodities Act (PACA).

The Bronx, N.Y., company has met its obligations and is now free to operate in the produce industry.  Farid I. Jaber was listed as the officer, director, and major stockholder of the business and may now be employed by or affiliated with any PACA licensee.

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 of a 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.

Once a reparation order is fully satisfied and it is confirmed that there are not any outstanding unpaid awards, USDA lifts the employment restrictions of the previously named responsibly connected individuals.  USDA will only reinstate the license of a business to an active status if all reparation awards are satisfied and if the license is not terminated.

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 AMS, an agency within USDA.

In the past three years, USDA resolved approximately 3,700 PACA claims involving more than $66 million.  Our experts also assisted more than 7,100 callers with issues valued at approximately $100 million.  These are just two examples of how 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 PACAdispute@ams.usda.gov regarding this matter.

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