Release No.: 101-17
WASHINGTON, Aug. 11, 2017 – The U.S. Department of Agriculture (USDA) has cited Hop Hing Produces Inc., New York, N.Y., for unlawful employment of an individual under PACA (Perishable Agricultural Commodities Act) employment restrictions after being given notice by the USDA that the company was not permitted to employ that individual without USDA approval and the posting of a surety bond.
USDA and Hop Hing Produces Inc. entered into a consent decision and order dated July 31, 2017, finding that the company violated section 8(b) of PACA and revoking the company’s PACA license. However, the finding and revocation was stayed so long as the company paid a civil penalty of $40,000 no later than Aug. 30, 2017. The company satisfied the terms of the consent decision and order and the finding of violation and license revocation was dismissed without further process and the case was closed.
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.
The PACA Division, which is part of USDA’s Agricultural Marketing Service (AMS), 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.
In the past three years, USDA resolved approximately 3,500 PACA claims involving more than $58 million. Our experts also assisted more than 8,000 callers with issues valued at approximately $140 million. These are just two examples of how USDA continues to support the fruit and vegetable industry.
For further information, contact Travis Hubbs, Acting Chief, Investigative Enforcement Branch, at (202) 720-6873, or by email at PACAInvestigations@ams.usda.gov.
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