WASHINGTON, Dec. 2, 2010 – The U.S. Department of Agriculture (USDA) has cited TCRS Inc., d/b/a East Tennessee Produce (TCRS) of Powell, Tenn., for failure to make full payment promptly to 25 produce sellers totaling $540,689.04. This is in violation of the Perishable Agricultural Commodities Act (PACA).
As a result of these actions, TCRS cannot operate in the produce industry until Nov. 16, 2012, at which time it may reapply for a PACA license.
The company’s sole principal, Timothy Roper, may not be employed by, or affiliated with any PACA licensee until Nov. 16, 2011, and then only with the posting of a USDA-approved surety bond.
Under PACA provisions, those individuals held responsibly connected to PACA violations, including sole proprietors, partners, members, officers, directors, and stockholders, may not be employed by or affiliated with any PACA licensee without USDA-approval.
The Agricultural Marketing Service (AMS), PACA Branch, regulates fair trading practices of produce companies operating subject to the PACA, which includes buyers, sellers, commission merchants, dealers, and brokers within the fruit and vegetable industry. The USDA is authorized to suspend or revoke a company’s license for violations of the PACA. All oversight of actions related to the PACA are conducted by the AMS, an agency within the USDA.
In fiscal year 2010, USDA resolved approximately 2,000 claims totaling $30 million under the PACA as a result of their continued efforts to serve and protect the fruit and vegetable industry from unlawful trade practices.
For further information contact Phyllis Hall, Director, Trade Practices Section, at (202) 720-6873, by fax at (202) 720-8868, or by email at TradePracticesSection@ams.usda.gov.
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