USDA Lifts PACA Reparation Sanctions on Texas Produce Business

WASHINGTON, Dec. 2, 2024 - The U.S. Department of Agriculture (USDA) announced that Jack Humphreys, doing business as Zia Onion Sales, satisfied a reparation order in the amount of $8,457 issued under the Perishable Agricultural Commodities Act (PACA) involving unpaid produce transactions.<_o3a_p>

The Desoto, Texas, company can continue operating in the produce industry upon applying for and being issued a PACA license. Jack Humphreys <_w3a_listitem listvalue="Choose an item."><_w3a_listitem listvalue="was" datavalue="was"><_w3a_listitem listvalue="were" datavalue="were">was listed as the <_w3a_listitem listvalue="Choose an item."><_w3a_listitem listvalue="officers, directors, and major shareholders; members; partners; sole proprietor; sole member; sole officer, director and stockholder" datavalue="officers, directors, and major shareholders; members; partners; sole proprietor; sole member; sole officer, director and stockholder">sole proprietor of the business and may now be employed by or affiliated with any PACA licensee.<_o3a_p>

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.<_o3a_p>

Once a reparation order is fully satisfied and it is confirmed that there are not any outstanding unpaid awards, USDA lifts the employment restrictions of the previously named, responsibly connected individuals. USDA also requires any unlicensed company that fully satisfies all unpaid reparation awards to obtain a license if it continues to operate in the industry.<_o3a_p>

For more information, contact Penny Robinson-Landrigan, Chief, Dispute Resolution Branch, at (202) 720-2890, or [email protected].

The PACA Division, which is in the Fair Trade Practices Program in the Agricultural Marketing Service, regulates fair trading practices of produce businesses that are operating subject to PACA, including buyers, sellers, commission merchants, dealers and brokers within the fruit and vegetable industry. In the past three years, USDA handled more than 2,660 cases valued at $127.7 million. PACA staff also assisted over 6,360 callers with issues valued at $154.3 million. These are just two examples of how USDA continues to support the fruit and vegetable industry.

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