USDA Restricts PACA Violators in Illinois, Massachusetts, Oregon, Texas, and California from Operating in the Produce Industry


Wed. November 25th, 2015 - by Melissa De Leon Chavez

WASHINGTON, D.C. - The USDA has imposed sanctions on five produce businesses for failure to pay reparation awards issued under PACA, according to a press release.

The USDA says the following businesses and individuals are now restricted from operating in the produce industry: 

  • Westmont, IL-based August Battaglia, doing business as QMP Sales, for failing to pay a $3,080 award in favor of a Florida seller. As of the issuance date of the reparation order, August J. Battaglia was listed as the sole proprietor of the business.
  • Hopkinton, MA-based American Hydroponics Inc., for failing to pay a $10,162 award in favor of a Florida seller. As of the issuance date of the reparation order, Jeffrey H. Barton and Phillip J. Todaro were listed as the officers, directors, and/or major stockholders of the business.
  • Portland, OR-based Hong Phat Produce Inc., for failing to pay a $62,233 award in favor of a California seller. As of the issuance date of the reparation order, Que Mai Dinh was listed as the officer, director, and major stockholder of the business.
  • Edinburg, TX-based Alfred Huebinger, doing business as Cowboy Sales, for failing to pay a $5,534 award in favor of an Idaho seller. As of the issuance date of the reparation order, Alfred Huebinger was listed as the sole proprietor of the business.
  • Chula Vista, CA-based Hector Avila, doing business as Cal Fruit Company, for failing to pay a $43,717 award in favor of a Washington seller. As of the issuance date of the reparation order, Hector A. Brambila was listed as the sole proprietor of the business.

The Agricultural Marketing Service (AMS), PACA Division, regulates fair trading practices of produce businesses operating subject to PACA, which includes buyers, sellers, commission merchants, dealers, and brokers within the fruit and vegetable industry.  All oversight of actions related to PACA are conducted by AMS, an agency within USDA. 

In the past three years, USDA resolved approximately 3,700 PACA claims involving more than $66 million. Our experts also assisted more than 7,100 callers with issues valued at approximately $100 million.  These are just two examples of how USDA continues to support the fruit and vegetable industry.

Agricultural Marketing Service