WASHINGTON, DC - Three produce businesses have been sanctioned by the United States Department of Agriculture (USDA) for allegedly failing to meet contractual obligations to the sellers of produce they purchased and failing to pay reparation awards issued under the Perishable Agricultural Commodities Act (PACA). The total amount was a collective $95,618.

Direct from the USDA Agricultural Marketing Service:

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

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

• August Battaglia, doing business as QMP Sales, operating out of Westmont, Illinois, for failing to pay a $2,575 award in favor of a California seller. As of the issuance date of the reparation order, August J. Battaglia was listed as the sole proprietor of the business

• Miami Growers, operating out of Jersey City, New Jersey, for failing to pay a $31,680 award in favor of a Florida seller. As of the issuance date of the reparation order, Bhavin Hajariwala and Kantibhai V. Patel were listed as the officers, directors, and/or major stockholders of the business

• Red Wagon Groves, operating out of San Antonio, Texas, for failing to pay a $61,363 award in favor of a Texas seller. As of the issuance date of the reparation order, Mark A. Chang was listed as the officer, director, and major stockholder of the business

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.

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.

USDA Agricultural Marketing Service