WASHINGTON, DC - Another sanction from the United States Department of Agriculture (USDA) has been passed down. The agency recently imposed sanctions on Pharr, Texas-based Heyvel Produce for violating the Perishable Agricultural Commodities Act (PACA) by allegedly failing to pay $405,558 to a produce seller.

Direct from the USDA Agricultural Marketing Service:

These sanctions include barring the business and the principal operators of the business from engaging in PACA-licensed business or other activities without approval from USDA.

Heyvel Produce failed to pay $405,558 to one seller for produce that was purchased, received, and accepted in interstate and foreign commerce from June 2022 to July 2022. This is in violation of the PACA. Heyvel Produce cannot operate in the produce industry until January 18, 2026, and then only after it applies for and is issued a new PACA license by USDA.

The company’s principal, Noe de Jesus Hernandez Villafuerte, may not be employed by or affiliated with any PACA licensee until January 18, 2025, and then only with the posting of a USDA-approved surety bond.

USDA is required to publish the finding that a business has committed willful, repeated, and flagrant violations of PACA, as well as impose restrictions against those principals determined to be responsibly connected to the business during the violation period. 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.

By issuing these penalties, USDA continues to enforce the prompt and full payment for produce while protecting the rights of sellers and buyers in the marketplace.

For contact information, and to read the release in its entirety, click here.