The USDA has imposed sanctions on five produce businesses for failing to meet contractual obligations to the sellers of produce they purchased and failing to pay reparation awards issued under the Perishable Agricultural Commodities Act.
These sanctions include suspending the businesses’ PACA licenses and barring the principal operators of the businesses from engaging in PACA-licensed business or other activities without approval from USDA, according to a news release.
The release said the following businesses and individuals are currently restricted from operating in the produce industry:
- America Berry Farms Inc., operating out of Fillmore, Calif., for failing to pay a $6,000 award in favor of a Missouri seller. As of the issuance date of the reparation order, Adrian Mendez and Bertha F. Fernandez were listed as the officers, directors and/or major stockholders of the business.
- Tonys Tomatos Inc., operating out of Forest Park, Ga., for failing to pay a $19,165 award in favor of a Georgia seller. As of the issuance date of the reparation order, Antonio L. Bautista was listed as the officer, director and major stockholder of the business.
- A & P Produce LLC, operating out of Neptune, N.J., for failing to pay a $55,456 award in favor of a Texas seller. As of the issuance date of the reparation order, Elicelsa Draiz and Pedro M. Iniguez Wale were listed as the members of the business.
- Proof Fresh Inc., operating out of Waldwick, N.J., for failing to pay a $24,570 award in favor of a Texas seller. As of the issuance of the date of the reparation order, Mauricia Vergara was listed as the officer, director and major stockholder of the business.
- Idea Fresh LLC, operating out of Pharr, Texas, for failing to pay a $43,000 award in favor of a Texas seller. As of the issuance of the date of the reparation order, Hugo Gonzalez was listed as the member of the business.
For more information, contact Penny Robinson-Landrigan, chief of the Dispute Resolution Branch, at 202-720-2890 or PACAdispute@usda.gov.


