WASHINGTON, Feb. 14, 2011 – The U.S. Department of Agriculture (USDA) has imposed sanctions on four 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:
- PLA Distributor; Produce Express, operating out of Los Angeles, Calif., for failing to pay a $12,138.00 award in favor of a California seller. The sole responsibly connected proprietor is Jovani Lopez.
- Hong Kong Supermarket LLC, doing business as Atlanta Farmers Market, operating out of Atlanta, Ga., for failing to pay a $65,038.00 award in favor of a California seller. The sole responsibly connected member is Lee Miah Tieu.
- Fresh Innovations Group LLC, doing business as Fresh Louie’s Produce Co., operating out of Grand Blanc, Mich., for failing to pay a $6,651.50 award in favor of a Michigan seller. The sole responsibly connected member is Louis G. Alex.
- MS Grand Inc., operating out of Lanham, Md., for failing to pay a $114,836.30 award in favor of a Florida seller. The responsibly connected officers, directors, and major stockholders are Min S. Kang and Man S. Kang.
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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