USDA Files Action Against The Kinoko Company, Unlawful Employment, Oceanside,

AMS No. 240-09

Nadine Wilkins (202)720-8998Nadine.wilkins@ams.usda.govBilly Cox (202)720-8998Billy.cox@ams.usda.gov

WASHINGTON, Jan. 5, 2010 - The U.S. Department of Agriculture has filed an administrative action against The Kinoko Company, operating in Oceanside, Calif. The action alleges that the company unlawfully employed or has been affiliated with Craig R. Anderson in violation of the Perishable Agricultural Commodities Act (PACA).

Craig R. Anderson was barred from operating a PACA licensed produce business or being employed by a PACA licensee as the result of his responsibly connected status with Golden Gourmet Mushrooms Inc., operating in San Marcos, Calif. Golden Gourmet Mushrooms Inc. consented to a finding of repeated and flagrant violations of sections 2(4) and 2(5) of the PACA.

The Kinoko Company will have an opportunity to request a hearing. Should USDA find that the company committed repeated and flagrant violations, it could be barred from the produce industry for two years. Furthermore, its principals could not be employed by or affiliated with any PACA licensee for one year and then only with the posting of a USDA-approved surety bond.

In addition, if Craig R. Anderson is cited for unlawful employment or affiliation with The Kinoko Company, the USDA could extend the employment sanctions for a period not to exceed one year.

The PACA establishes a code of good business conduct for the produce industry. Under it, all interstate traders in fresh and frozen fruits and vegetables must be licensed by USDA. USDA is authorized to suspend or revoke a trader’s license for violating the act.

USDA is an equal opportunity provider, employer and lender. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, 1400 Independence Ave., S.W., Washington, D.C. 20250-9410 or call (800) 795-3272(voice), or (202) 720-6382 (TDD).