The U.S. Department of Agriculture (USDA) has imposed sanctions on Florida Cool Cargo Inc. (Florida Cool), Miami, FL for violating the Perishable Agricultural Commodities Act (PACA). These sanctions include barring the business and the principal operator of the business from engaging in PACA-licensed business or other activities without approval from USDA.
Florida Cool failed to pay $115,806 to five sellers for produce that was purchased, received and accepted in interstate and foreign commerce from May 2019 to July 2019. This is in violation of the PACA. Florida Cool cannot operate in the produce industry until July 23, 2023, and then only after it applies for and is issued a new PACA license by USDA.
The company’s principals, Yosuan Fernandez and Jesse Fernandez, may not be employed by or affiliated with any PACA licensee until July 23, 2022, and then only with the posting of a USDA approved surety bond.
USDA is required to publish the finding that a business has committed willful, repeated and flagrant violations of PACA as well as impose restrictions against those principals determined to be responsibly connected to the business during the violation period. 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.
Click here for an overview of companies who previously violated PACA.
For more information:
John Koller
USDA
Tel: +1 202 720 2890
[email protected]
www.ams.usda.gov