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USDA PACA updates

The U.S. Department of Agriculture (USDA) announced that South Side Fresh Produce LLC satisfied a $6,800 reparation order issued under the Perishable Agricultural Commodities Act (PACA) involving unpaid produce transactions.

The Forest Park, Georgia, company can continue operating in the produce industry upon applying for and being issued a PACA license. Pedro Consuelo Salinas and Pascual Avitia Sr. were listed as members of the business and may now be employed by or affiliated with any PACA licensee.

USDA has also cited Frozen Food Development Inc., Lancaster, Pennsylvania, for failure to pay for produce.

USDA filed a complaint in January 2023 alleging that Frozen Food failed to pay $2,479,131 to 22 sellers for produce that was purchased, received, and accepted in interstate and foreign commerce from July 2021 to June 2022.

The parties subsequently agreed to a Consent Decision and Order finding that Frozen Food committed willful, repeated, and flagrant violations of the Perishable Agricultural Commodities Act (PACA) by failing to pay $2,479,131 to 22 sellers for produce from July 2021 to June 2022. One seller remains unpaid in the amount of $1,002,065.

As a result of the violations, Frozen Food is not eligible to apply for a PACA license until May 30, 2026. Furthermore, the company's sole shareholder and principal, Gary Gregory, may not be employed by or affiliated with any PACA licensee until May 30, 2025, and then only with the posting of a USDA-approved surety bond.

Click here for an overview of companies that previously violated PACA.

For more information:
Penny Robinson-Landrigan (reparation order)
USDA
Tel: +1 (202) 720-2890
[email protected]

Corey Elliott (citation)
USDA
Tel: +1 (202) 720-6873
[email protected]
www.ams.usda.gov

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