As part of its efforts to enforce the Perishable Agricultural Commodities Act (PACA) and ensure fair trading practices within the U.S. produce industry, the Department of Agriculture (USDA) has imposed sanctions on five produce businesses for failing to meet their contractual obligations to the sellers of produce they purchased and failing to pay reparation awards issued under the 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 USDA. 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.
The following businesses and individuals are currently restricted from operating in the produce industry:
- Chefd Inc., operating out of El Segundo, Calif., for failing to pay a $91,439 award in favor of a New York seller. As of the issuance date of the reparation order, Emily Waldorf, Peter Boyes, Lawrence Perkins and Jason Ackerman were listed as the officers, directors and/or major stockholders of the business.
- OKA Group LLC, operating out of Doral, Fla., for failing to pay a $44,526 award in favor of a Florida seller. As of the issuance date of the reparation order, Yesmin Rodriguez was listed a member or manager of the business.
- Countryland Farms LLC, operating out of Nashville, Ga., for failing to pay a $4,075 award in favor of a Texas seller. As of the issuance date of the reparation order, Gary Barfield was listed a member or manager of the business.
- Golden Horse LLC, operating out of Secaucus, N.J., for failing to pay a $6,910 award in favor of an Illinois seller. As of the issuance date of the reparation order, Oi Cheng and Kong Cheng were listed a members or managers of the business.
- Nile Food Importing Corp., operating out of Brooklyn, N.Y., for failing to pay a $5,600 award in favor of a California seller. As of the issuance date of the reparation order, Mohamed Elsehetry was listed as the officer, director and/or major stockholder of the business.
- Academy Fruit Company LLC, operating out of Clovis, Calif., for failing to pay a $104,195 award in favor of a California seller. As of the issuance date of the reparation order, Jayson Paul Scarborough was listed a member or manager of the business.
- MLC Berries Inc., operating out of Los Angeles, Calif., for failing to pay a $39,099 award in favor of an Oregon seller. As of the issuance date of the reparation order, Miguel Campos was listed as the officer, director and/or major stockholder of the business.
- Old West Export Inc., operating out of Visalia, Calif., for failing to pay a $187,393 award in favor of a California seller. As of the issuance date of the reparation order, Frances Murillo and Dave Muse were listed as the officers, directors and/or major stockholders of the business.
- Peerless Enterprises Inc., operating out of Gainesville, Fla., for failing to pay a $6,440 award in favor of a Florida seller. As of the issuance date of the reparation order, Eric Pleiman was listed as the officer, director and/or major stockholder of the business.
- Alpha Family Farms LLC, operating out of Royal Oak Beach, Fla., for failing to pay a $22,625 award in favor of a Florida seller. As of the issuance date of the reparation order, Amanda Camacho and Christian Spataro were listed as members of the business.
- Sandifer Farms LLC, operating out of Blackville, S.C., for failing to pay a $172,156 award in favor of a Florida seller. As of the issuance date of the reparation order, Bruce A. Barron and Phillip L. Sandifer were listed as members of the business. Another principal of the business at the time of the order was Michael C. Harris. He has challenged his responsibly connected status.
The USDA also announced that Martinez Fresh Produce LLC satisfied a reparation order issued under the Perishable Agricultural Commodities Act (PACA).
The Dallas, Texas, company has met its obligations and is now free to operate in the produce industry. Arturo Martinez Isguerra was listed as a member or manager of the business and may now be employed by or affiliated with any PACA licensee.
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.
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.
For more information:
John Koller, Chief
USDA
Tel: (202) 720-2890
PACAdispute@usda.gov
www.ams.usda.gov