WASHINGTON, Dec. 8, 2023 – The U.S. Department of Agriculture (USDA) has imposed sanctions on three 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:
- La Michoacana Fruit Wholesale Inc. BB #:369902, operating out of Los Angeles, Calif., for failing to pay a $106,628 award in favor of a California seller. As of the issuance date of the reparation order, Jaqueline P. Garduno was listed as the officer, director and major stockholder of the business.
- Figota Produce Co. LLC BB #:369350, operating out of Las Vegas, Nev., for failing to pay an $18,900 award in favor of a Texas seller. As of the issuance date of the reparation order, Jose Jesus Figueroa was listed as the member and manager of the business.
- JD Produce Maspeth LLC BB #:354969, operating out of Maspeth, N.Y., for failing to pay a $3,352 award in favor of a New York buyer. As of the issuance date of the reparation order, Shengbo Dong was listed as the member and manager 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 Penny Robinson-Landrigan, Chief, Dispute Resolution Branch, at (202) 720-2890 or PACAdispute@usda.gov.
