WASHINGTON, DC - Recently, the United States Department of Agriculture (USDA) imposed sanctions on three produce businesses based out of California and Nevada for allegedly failing to meet contractual obligations to the sellers of produce they purchased. Additionally, the businesses failed to pay reparation awards totaling $211,735 issued under the Perishable Agricultural Commodities Act (PACA).
The sanctions imposed by the USDA 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 USDA.
Direct from the USDA Agricultural Marketing Service:
The following businesses and individuals are currently restricted from operating in the produce industry:
- J & A Fresh Produce, operating out of Stockton, California, for failing to pay a $39,842 award in favor of a Texas seller. As of the issuance date of the reparation order, Jesus Cabanillas was listed as the sole member of the business
- Golden Blues, operating out of Marina Del Rey, California, for failing to pay a $36,000 award in favor of an Arizona seller. As of the issuance date of the reparation order, Marta O. Uffelmann Ledezma was listed as the Chief Executive Officer, director, and stockholder of the business
- Fresh Excellence, operating out of Las Vegas, Nevada, for failing to pay a $135,893 award in favor of a California seller. As of the issuance date of the reparation order, Eliseo Trujillo was listed as the sole member 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.
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