California and Texas companies face PACA violations

WASHINGTON, April 8, 2021 – The U.S. Department of Agriculture (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 (PACA). 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.

The following businesses and individuals are currently restricted from operating in the produce industry:

• Fresh by Nature Inc., operating out of Norco, Calif., for failing to pay a $22,421 award in favor of a California seller. As of the issuance date of the reparation order, Manuel R. Pinon was listed as the officer, director and major stockholder of the business.
• Prime Quality Produce Inc., operating out of Los Angeles, Calif., for failing to pay a $3,057 award in favor of a Texas seller. As of the issuance date of the reparation order, Jaqueline Cisneros and Daniel Garcia were listed as the officers, directors and/or major stockholders of the business.
• D & M Produce LLC, operating out of McAllen, Texas, for failing to pay a $28,314 award in favor of an Arizona seller. As of the issuance date of the reparation order, Maria V. Mendoza was listed as the manager and member of the business. 
• Tin Mex Imports Corp., operating out of McAllen, Texas, for failing to pay a $3,680 award in favor of a Texas seller. As of the issuance date of the reparation order, Jose De Jesus Moreno, Silvestre Moreno Mendoza and Ana Lucia Moreno were listed as the officers, directors and/or major stockholders of the business.
• 2JM Produce LLC, operating out of Edinburg, Texas, for failing to pay a $3,563 award in favor of a Texas seller. As of the issuance date of the reparation order, Joel Carcano, Jr., was listed as the manager and member of the business.

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.

By issuing these penalties, USDA continues to enforce the prompt and full payment for produce while protecting the rights of sellers and buyers in the marketplace.

For more information, contact John Koller, Chief, Dispute Resolution Branch, at (202) 720-2890, by fax at (202) 690-2815, or PACAdispute@usda.gov.