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USDA Files Action Against Tomato Specialties LLC, d/b/a The Avocado Company International in Arizona for Alleged PACA Violations

USDA/AMS Press Release:

WASHINGTON, Mar. 11, 2016 – The U.S. Department of Agriculture (USDA) has filed an administrative complaint under the Perishable Agricultural Commodities Act (PACA) against Tomato Specialties LLC, doing business as The Avocado Company International.

The company, operating from Arizona, allegedly made false and misleading statements and failed to account truly and correctly to five sellers in connection with 41 lots of tomatoes that it purchased in interstate and foreign commerce from May 2014 to April 2015.

Tomato Specialties LLC, doing business as The Avocado Company International, will have an opportunity to request a hearing. Should USDA find that the company committed repeated and flagrant violations, it would be barred from the produce industry for two years. Furthermore, its principals could not be employed by or affiliated with any PACA licensee for one year and then only with the posting of a USDA-approved surety bond.

The Agricultural Marketing Service (AMS), PACA Division, regulates fair trading practices of produce companies 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. PACA establishes a code of good business conduct for the produce industry. Under it, all interstate traders in fresh and frozen fruits and vegetables must be licensed by USDA. USDA is authorized to suspend or revoke a trader’s license for violating the act.

In the past three years, USDA resolved approximately 3,700 PACA claims involving more than $66 million. Our experts also assisted more than 7,100 callers with issues valued at approximately $100 million. These are just two examples of how USDA continues to support the fruit and vegetable industry.

For further information, contact Josephine E. Jenkins, Chief, Investigative Enforcement Branch, at (202) 720-6873, or by email at PACAInvestigations@ams.usda.gov.

Contact Info: Nadine Wilkins, nadine.wilkins@ams.usda.gov, 202-720-8998

Release No.: 055-16

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