USDA Lifts PACA Reparation Sanctions on Texas Produce Business
WASHINGTON, DC - Recently, the U.S. Department of Agriculture (USDA) announced that David Lopez, doing business as Texas Best Produce, satisfied a reparation order totaling $47,880. The order was issued under the Perishable Agricultural Commodities Act (PACA) involving unpaid produce transactions. This is an update to the previous sanction imposed this June.
Direct from the USDA Agricultural Marketing Service:
The Helotes, Texas, company has met its obligations and is now free to operate in the produce industry. David M. Lopez was listed as the sole proprietor of the business and may now be employed by or affiliated with any PACA licensee.
PACA provides an administrative forum to handle disputes involving produce transactions; this may result in USDA’s issuance of a reparation order that requires damages to be paid by those not meeting their contractual obligations in buying and selling fresh and frozen fruits and vegetables. USDA is required to suspend the license or impose sanctions on an unlicensed business that fails to pay PACA reparations awarded against it, as well as impose restrictions against those principals determined to be responsibly connected to the business when the order is issued. 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.
Once a reparation order is fully satisfied and it is confirmed that there are not any outstanding unpaid awards, USDA lifts the employment restrictions of the previously named, responsibly connected individuals. USDA also requires any unlicensed company that fully satisfies all unpaid reparation awards to obtain a license if it continues to operate in the industry.
The PACA Division, which is in the Fair Trade Practices Program in the Agricultural Marketing Service, 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 3,625 PACA claims involving more than $104 million. PACA staff also assisted more than 7,600 callers with issues valued at approximately $166 million. These are just two examples of how USDA continues to support the fruit and vegetable industry.
To read the release in full, please click here.