Nadine Wilkins (202)720-8998Nadine.wilkins@ams.usda.gov
WASHINGTON, Nov. 19, 2010 – The U.S. Department of Agriculture (USDA) has imposed sanctions on five produce businesses for failing to pay reparation awards issued under the Perishable Agricultural Commodities Act (PACA).
The following businesses and individuals are currently restricted from operating in the produce industry:
--Growers Unlimited Inc., operating out of Medley, Fla., for failing to pay a $3,120.00 award in favor of a Florida seller. The sole responsibly connected officer, director, and stockholder is Jose Ruano.
--Pets Calvert Co., operating out of Chicago, Ill., for failing to pay a $19,888.00 award in favor of an Indiana seller. The sole responsibly connected officer, director, and stockholder is Michael F. O’Neill.
--Food Fresh LLC, operating out of Lansdale, Pa., for failing to pay a $67,568.02 award in favor of a Pennsylvania seller. The responsibly connected officers, directors, and major stockholders are Louis S. Mignosi and Eileen B. Mignosi.
--May Hua Supermarket Inc., operating out of Plano, Texas, for failing to pay a $14,356.80 award in favor of a California seller. The responsibly connected officers, directors, and major stockholders are Nancy Chao and Johnnie Joe.
--Tropical Foods & Produce LLC, operating out of Richmond, Va., for failing to pay a $97,130.00 award in favor of a Texas seller. The sole responsibly connected officer, director, and stockholder is Jairo Lemus.
PACA provides for an administrative forum to handle disputes over 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.
The 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, officers, directors, or major 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. 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 more information, contact John Koller, Director, Dispute Resolution Section at (202) 720-2890, by fax at (202) 690-2815, or by email at disputeresolutionsection@ams.usda.gov regarding this matter.
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