The U.S. Department of Agriculture (USDA) has imposed sanctions on All Fresh Distributors LLC (All Fresh), Miami, Florida for violating the Perishable Agricultural Commodities Act (PACA). These sanctions include barring the business and the principal operators of the business from engaging in PACA-licensed business or other activities without approval from USDA.
All Fresh failed to pay $339,601 to four sellers for produce that was purchased, received and accepted in interstate and foreign commerce from September 2018 to March 2020. This is in violation of the PACA. All Fresh cannot operate in the produce industry until Nov. 4, 2024, and then only after they apply for and are issued a new PACA license by USDA.
The company’s principal, Jesse Fernandez, may not be employed by or affiliated with any PACA licensee until Nov. 4, 2023, and then only with the posting of a USDA-approved surety bond.
USDA is required to publish the finding that a business has committed willful, repeated and flagrant violations of PACA as well as impose restrictions against those principals determined to be responsibly connected to the business during the violation period. 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.
Click here for an overview of companies that previously violated PACA.
For more information:
Corey Elliott
USDA
Tel: +1 (202) 720-6873
PACAInvestigations@usda.gov
www.ams.usda.gov