Nadine Wilkins (202)720-8998Nadine.wilkins@ams.usda.gov
WASHINGTON, Oct. 28, 2011 – In response to a complaint filed by the U.S. Department of Agriculture (USDA), the USDA and Steven Heyer have entered into a consent decision whereby Steven Heyer operating in Palmetto, Fla., agrees to have his Perishable Agricultural Commodities Act (PACA) license suspended for 30 days.
The complaint alleges that Steven Heyer, while operating as a broker, failed to perform the duties of a broker when he failed to prepare a confirmation or memorandum of sale, preserve all pertinent business records for a period of two years, and preserve accounts, records, and memoranda, which fully and correctly disclose all transactions involved in his business. This is in violation of the PACA.
Under PACA provisions, those individuals held responsibly connected to PACA violations, including sole proprietors, partners, members, officers, directors, and stockholders, may not be employed by or affiliated with any PACA licensee without USDA-approval.
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. The USDA is authorized to suspend or revoke a company’s license for violations of the PACA. All oversight of actions related to the PACA are conducted by the AMS, an agency within the USDA.
In fiscal year 2011, USDA resolved approximately 2,000 claims filed under the PACA involving $31 million. This is just one more way the USDA continues to support the fruit and vegetable industry.
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.
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