Nadine Wilkins (202)720-8998Nadine.wilkins@ams.usda.gov
WASHINGTON, Sept. 19, 2011 – The U.S. Department of Agriculture (USDA) has filed an administrative action under the Perishable Agricultural Commodities Act (PACA) against America Fresh LLC (America Fresh), alleging the company unlawfully employed Saul Gonzalez after Nov. 22, 2009. This action occurred after America Fresh was given notice by the PACA Division that the company was not permitted to employ Saul Gonzalez without approval of the USDA Secretary and the posting of a surety bond.
Saul Gonzalez was barred from operating a PACA licensed produce business or being employed by a PACA licensee as the result of his responsibly connected status with Mex Produce Sales LLC. On July 17, 2009, Mex Produce Sales LLC’s PACA license was suspended for failing to pay a reparation award.
America Fresh will have an opportunity to request a hearing. Should USDA find that the company violated Section 8(b) of the PACA by employing Saul Gonzalez could result in suspension or revocation of its PACA license.
The Agricultural Marketing Service (AMS), PACA Division, regulates fair trading practices of produce companies operating subject to the PACA, which includes buyers, sellers, commission merchants, dealers, and brokers within the fruit and vegetable industry. All oversight of actions related to the PACA are conducted by the AMS, an agency within the USDA. The PACA establishes a code of good business conduct for the produce industry. Under it, all interstate traders in fresh and frozen fruits and vegetables must be licensed by USDA. USDA is authorized to suspend or revoke a trader’s license for violating the act.
In fiscal year 2010, USDA resolved approximately 2,000 claims filed under the PACA involving $30 million in their continued efforts to serve and protect the fruit and vegetable industry from unlawful trade practices.
For further information contact Phyllis Hall, Chief, Investigative Enforcement Branch, at (202) 720-6873, by fax at (202) 720-8868, or by email at InvestigativeEnforcement@ams.usda.gov
Get the latest Agricultural Marketing Service news at http://www.ams.usda.gov/news or follow us on Twitter @USDA_AMS.
USDA is an equal opportunity provider, employer and lender. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, 1400 Independence Ave., S.W., Washington, D.C. 20250-9410 or call (800) 795-3272(voice), or (202) 720-6382 (TDD).