WASHINGTON, DC - For failing to meet contractual obligations to sellers of produce they purchased and pay reparation awards issued under the Perishable Agricultural Commodities Act (PACA), the United States Department of Agriculture (USDA) has imposed sanctions on two produce sellers. The sanctions include suspending the businesses’ PACA licenses and barring the principal operators from engaging in PACA-licensed business or other activities without approval from the USDA.
Direct from the USDA Agricultural Marketing Service:
The following businesses and individuals are currently restricted from operating in the produce industry:
- The Apple Truck, operating out of Ann Arbor, Michigan, for failing to pay a $27,803 award in favor of a Michigan seller. As of the issuance date of the reparation order, Apley Dale and Bird Dog Agribusiness were listed as members of the business
- CFG Produce, operating out of Lantana, Texas, for failing to pay a $151,053 award in favor of a California seller. As of the issuance date of the reparation order, Shawn E. Jackson was listed as the officer, director, and major stockholder of the business
PACA provides an administrative forum to handle disputes involving produce transactions; this may result in USDA’s issuance of a reparation order 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 or impose sanctions on an unlicensed 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.
By issuing these penalties, USDA continues to enforce the prompt and full payment for produce while protecting the rights of sellers and buyers in the marketplace.
To read the release in its entirety, click here.
