USDA Reports PACA Actions Against Seven Produce Businesses

AMS No. 009-10

Nadine Wilkins (202)720-8998Nadine.wilkins@ams.usda.govBilly Cox (202)720-8998Billy.cox@ams.usda.gov

WASHINGTON, Jan. 28, 2010 - The U.S. Department of Agriculture has cited seven produce businesses for failure to pay reparation awards issued under the Perishable Agricultural Commodities Act (PACA).

These businesses have been barred from operating in the produce industry until their awards are paid. The businesses were served complaints by USDA and were given the opportunity to respond. USDA subsequently ordered payment of the amounts mentioned below.

The businesses are:

--Zesty Roma Purveyors Inc., operating in Chandler, Ariz., for failing to pay a $3,576 award in favor of an Idaho seller. The sole officer, director, and stockholder is Mark J. Minardo.

--Fresh Obsession LLC, operating in Mission Viejo, Calif., for failing to pay an $8,305 award in favor of a California seller. The sole member is Stephen L. Bruner.

--Todd’s Inc., operating in Vernon, Calif., for failing to pay a $2,440 award in favor of a California seller. The sole officer, director, and stockholder is Todd M. Levin.

--Miami Best Tropical Ent. Inc., also doing business as M B T, operating in Miami, Fla., for failing to pay a $6,078 award in favor of a California seller. The sole officer, director, and stockholder is Richard Vega.

--Super 88 Market II Inc., operating in Allston, Mass., for failing to pay a $7,887 award in favor of a Pennsylvania seller. The officers, directors, and major stockholders are Glenn P. Frank, Peter H. Luu, and George V. Luu.

--Wholesale Distributors Inc., also doing business as Butcher’s Wholesale Distributors Inc., operating in Baltimore, Md., for failing to pay a $16,121 award in favor of an Illinois seller. The sole officer, director, and stockholder is Brian C. Butcher.

--Midwest Produce Inc., operating in St. Paul, Minn., for failing to pay a $62,776 award in favor of a California seller. The officers, directors, and major stockholders are Lee Vue and Peter B. Yang.

PACA provides for damages to be paid by those not meeting their contractual obligations in buying and selling fresh and frozen fruits and vegetables. Interstate produce traders operating as commission merchants, dealers or brokers, and conducting a sufficient volume of business must be USDA-licensed.

USDA is required to suspend the license of a business that fails to pay PACA reparations awarded against it. Individuals, partners, members, officers, directors, or major stockholders associated with these businesses may not be employed by or affiliated with any PACA licensee without USDA-approval.

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