CORRECTED: USDA decides on principals’ statuses in PACA cases

The U.S. Department of Agriculture has decided whether three principals at two companies were “responsibly connected” at the firms when the Perishable Agricultural Commodities Act was violated.

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(Photo courtesy Unsplashed; graphic by Brooke Park)

(CORRECTED) The U.S. Department of Agriculture has decided whether three principals at two companies were “responsibly connected” at the firms when the Perishable Agricultural Commodities Act was violated.

According to USDA news releases, the PACA cases involve Organic Harvest LLC and Florida Cool Cargo Inc., both of Miami.

The USDA determined that Thomas D’Agostino is not responsibly connected to Organic Harvest, which failed to pay $12,089 owed to a Florida seller. The USDA originally named D’Agostino as a principal at the company, but he contested and the USDA decided in his favor, according to the release.

In the Florida Cool PACA decision, the company owes four Florida sellers $112,877. The USDA originally named Jesse Fernandez and Yosuan Fernandez as principals of the company, and they contested their responsibly connected status.

According to a news release, the USDA determined they were responsibly connected to the company at the time of the violations.

As a result of the USDA’s decisions, D’Agostino can be employed by or affiliated with a PACA licensee, but Jesse Fernandez and Yosuan Fernandez cannot.

Note on correction: The original story incorrectly reported the status of Jesse Fernandez and Yosuan Fernandez.

Related stories:

Company satisfies PACA order

USDA sanctions companies for PACA violations

Trinity Fresh loses PACA license in $4 million sanction

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