Agricultural Marketing Service - USDA Restricts Three PACA ...

AMS No. 202-12

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Nadine Wilkins (202)720-8998

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WASHINGTON, Sept. 7, 2012 ? The U.S. Department of Agriculture (USDA) has imposed sanctions on three produce businesses for failure to pay reparation awards issued under the Perishable Agricultural Commodities Act (PACA).

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The following businesses and individuals are currently restricted from operating in the produce industry:

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--Luis Cantu, d/b/a K C Produce operating out of Hidalgo, Texas, for failing to pay a $14,672 award in favor of a Texas seller. As of the issuance date of the reparation order, Luis Cantu was listed as the sole proprietor of the business.

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--America Growers Association LLC operating out of Vernon, Calif., for failing to pay a $14,136 award in favor of a California seller. As of the issuance date of the reparation order, Albert Huang was listed as a member of the business.

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--Ferrey Produce Inc. operating out of Miami, Fla., for failing to pay a $14,699.05 award in favor of a Miami seller. As of the issuance date of the reparation order, Willie Ferrey was listed as the officer, director, and major stockholder of the business.

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PACA provides for 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. 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, managers, officers, directors, or major stockholders, may not be employed by or affiliated with any PACA licensee without USDA-approval.

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The Agricultural Marketing Service (AMS), PACA Division, regulates fair trading practices of produce businesses 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.

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In fiscal year 2011, USDA resolved approximately 2,000 claims filed under the PACA involving $31 million. This is just one more way the USDA continues to support the fruit and vegetable industry.

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For more information, contact John Koller, Chief, Dispute Resolution Branch 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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Get the latest Agricultural Marketing Service news at http://www.ams.usda.gov/news or follow us on Twitter @USDA_AMS. You can also read about us on the USDA blog.

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USDA is an equal opportunity provider and employer. To file a complaint of discrimination, write: USDA, Office of the Assistant Secretary for Civil Rights, Office of Adjudication, 1400 Independence Ave., SW, Washington, DC 20250-9410 or call (866) 632-9992 (Toll-free Customer Service), (800) 877-8339 (Local or Federal relay), (866) 377-8642 (Relay voice users).

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Source: http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateU&navID=Newsroom&page=Newsroom&resultType=Details&dDocName=STELPRDC5100348&dID=175252&wf=false&description=USDA+Restricts+Three+PACA+Violators+in+Texas,+California,+and+Florida+from&topNav=Newsroom&leftNav=&rightNav1=&rightNav2=

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