As part of its efforts to enforce the Perishable Agricultural Commodities Act and ensure fair trading practices within the U.S. produce industry, the U.S. Department of Agriculture has filed an administrative complaint under the PACA against PK Produce Inc. and Evergreen Fresh Farms Inc.

PK Produce, operating from Ohio, allegedly failed to make payment promptly to 14 produce sellers in the amount of $827,222 from November 2017 through October 2018. Evergreen Fresh Farms operating from California, allegedly failed to make payment promptly to three produce sellers in the amount of $350,629 from October 2018 through January 2019.

Both companies will have an opportunity to request hearings. Should USDA find that they committed repeated and flagrant violations, they would be barred from the produce industry as a licensee for three years, or two years with the posting of a USDA-approved surety bond. Furthermore, its principals could not be employed by or affiliated with any PACA licensee for two years, or one year with the posting of a USDA-approved surety bond.

In the past three years, USDA resolved approximately 3,500 PACA claims involving more than $58 million. PACA staff also assisted more than 7,800 callers with issues valued at approximately $148 million. These are just two examples of how USDA continues to support the fruit and vegetable industry.