Nadine Wilkins (202)720-8998Nadine.wilkins@ams.usda.govBilly Cox (202)720-8998Billy.cox@ams.usda.gov
WASHINGTON, May 24, 2010 – The U.S. Department of Agriculture has cited J & M Produce Sales Inc., operating in Ft. Worth, Texas, for willful, repeated, and flagrant violations of the Perishable Agricultural Commodities Act (PACA).
As a result, the company cannot operate in the produce industry until May 4, 2012, and then only if it obtains a PACA license.
The company failed to make full payment promptly to nine sellers of the agreed purchase prices, or balances of those prices, in the amount of $438,239 for produce, which it purchased, received, and accepted in interstate and foreign commerce during the period of November 2007 through February 2008.
USDA served the company with a complaint and the company filed an answer to the complaint on Dec. 12, 2008. In a separate PACA trust action, the company admitted to having failed to pay nine sellers for $438,239 in produce purchases, which warranted the issuance of a decision without hearing.
The company’s sole principal, James L. Odom, may not be employed by or affiliated with any PACA licensee until May 4, 2011, and then only with the posting of a USDA-approved surety bond.
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.
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