Nadine Wilkins (202)720-8998Nadine.wilkins@ams.usda.gov
WASHINGTON, Sept. 12, 2011 – On Aug. 16, 2011, the U.S. Department of Agriculture determined that Shannon Casey was responsibly connected with Tan O On Marketing Inc., Albuquerque, N.M., for failure to pay a reparation award totaling $74,594.25, which is a violation of the Perishable Agricultural Commodities Act (PACA).
A responsibly connected person is defined under the PACA as a partner in a partnership, or an officer, director, or more than 10 percent stockholder of a corporation or association. When a company has had its PACA license suspended or revoked, or has been found to have committed violations, the responsibly connected individuals are automatically subject to employment and licensing restrictions in the fruit and vegetable industry. A final reparation complaint order was issued against Tan O On Marketing Inc. on April 22, 2010, in favor of McNeil Fruit and Vegetable LLC, Idaho Falls, Idaho.
Casey appealed his responsibly connected status to an Administrative Law Judge which affirmed that he is responsibly connected to the violations of Tan O On Marketing Inc.
As a result of the final determination, Shannon Casey cannot be licensed in the produce industry until Aug. 16, 2013, and then only with the posting of a USDA-approved surety bond.
In addition, Shannon Casey may not be employed by or affiliated with any PACA licensee unless the employing company posts a USDA-approved surety bond. After two years, or Aug. 16, 2013, he is eligible to be employed or affiliated with any PACA licensee without the approved surety bond.
In fiscal year 2010, USDA resolved approximately 2,000 claims filed under the PACA involving $30 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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