USDA Restricts PACA Violators in Nevada and Michigan from Operating in the

Date
Wednesday, February 12, 2014 - 11:00am

Release No.: 012-14

WASHINGTON, Feb. 12, 2014 – The U.S. Department of Agriculture (USDA) has imposed sanctions on two produce businesses for failure to pay reparation awards issued under the Perishable Agricultural Commodities Act (PACA).

The following businesses and individuals are currently restricted from operating in the produce industry:

  • Continental Fresh Produce LLC, operating out of Las Vegas, Nev., for failing to pay a $23,879 award in favor of a California seller. As of the issuance date of the reparation order, Marcus Lagudi was listed as the sole member and major stockholder of the business.
  • Taliercio Bros. Food Service LLC, operating out of Grosse Point, Mich., for failing to pay a $7,408 award in favor of a Michigan seller. As of the issuance date of the reparation order, David L. Taliercio was listed as the sole member and major stockholder of the business.

PACA provides an administrative forum to handle disputes involving produce transactions; this may result in a reparation order being issued 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 sanction 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.

The Agricultural Marketing Service (AMS), PACA Division, regulates fair trading practices of produce businesses operating subject to PACA, which includes buyers, sellers, commission merchants, dealers, and brokers within the fruit and vegetable industry. All oversight of actions related to PACA are conducted by AMS, an agency within USDA.

In the past three years, USDA resolved approximately 4,600 claims filed under PACA involving almost $87 million. This is just one more way USDA continues to support the fruit and vegetable industry.

For more information, contact John Koller, Chief, Dispute Resolution Branch at (202) 720-2890, by fax at (202) 690-2815, or by email at disputeresolutionsection@ams.usda.gov regarding this matter.

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