WASHINGTON, DC - The United States Department of Agriculture (USDA) has imposed sanctions on four produce businesses for failing to meet contractual obligations to the sellers of produce they purchased and failing to pay reparation awards issued under the Perishable Agricultural Commodities Act (PACA). These sanctions include suspending the businesses’ PACA licenses and barring the principal operators of the businesses 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:
- Mexia RB Produce, operating out of Houston, Texas, for failing to pay a $27,409 award in favor of a Texas seller. As of the issuance date of the reparation order, Roger Muartua Mejia was listed as the sole member of the business
- Three D Food Service, operating out of Secaucus, New Jersey, for failing to pay a $25,465 award in favor of a New York seller. As of the issuance date of the reparation order, Daniel Rojas Perez was listed as the sole officer, director, and stockholder of the business
- Triple H Produce, operating out of Pharr, Texas, for failing to pay a $27,987 award in favor of a Texas seller. As of the issuance date of the reparation order, Heriberto Vlaminck Ley, Rosa Ley Lopez, Hugo Vlaminck Ley, and Heriberto Vlaminck Seidel were listed as the members of the business
- Consorcio De La Cruz, operating out of Miami, Florida, for failing to pay a $27,307 award in favor of a Texas seller. As of the issuance date of the reparation order, Leonardo Radibelkys and Luz Maria De La Cruz were listed as the members 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 prompt and full payment for produce while protecting the rights of sellers and buyers in the marketplace.
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