USDA Lifts PACA Reparation Sanctions on Texas Produce Business


Mon. September 21st, 2020
- by Lilian Diep     

WASHINGTON, DC - As part of its mission to enforce the Perishable Agricultural Commodities Act (PACA), the U.S. Department of Agriculture (USDA) has announced that Aguigato LLC satisfied a $4,130 reparation order issued involving unpaid produce transactions. Erica Aguirre was listed as the sole member and manager of the McAllen, Texas-based company. She may now be employed by or affiliated with any PACA licensee, and the company can continue operating in the produce industry upon applying for and being issued a PACA license.

Direct from the USDA Agricultural Marketing Service:

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.

Once a reparation order is fully satisfied and it is confirmed that there are not any outstanding unpaid awards, USDA lifts the employment restrictions of the previously named, responsibly connected individuals. USDA also requires any unlicensed company that fully satisfies all unpaid reparation awards to obtain a license if it continues to operate in the industry.

The PACA Division, which is in the Fair Trade Practices Program in the Agricultural Marketing Service, regulates fair trading practices of produce businesses that are operating subject to PACA, including buyers, sellers, commission merchants, dealers, and brokers within the fruit and vegetable industry.

In the past three years, USDA resolved approximately 3,500 PACA claims involving more than $58 million. PACA staff also assisted more than 7,800 callers with issues valued at approximately $148 million. These are just two examples of how the USDA continues to support the fruit and vegetable industry.


For more information and to read the press release in its entirety, please visit the link here.

USDA's Agricultural Marketing Service

 
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