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USDA files action against The Fruit Club in South Dakota

As part of its efforts to enforce the Perishable Agricultural Commodities Act (PACA) and ensure fair trading practices within the U.S. produce industry, the U.S. Department of Agriculture (USDA) has filed an administrative complaint under the PACA against The Fruit Club.  The company, operating from South Dakota, allegedly failed to pay $367,040 promptly to four produce sellers from June 2016 through October 2017.

The Fruit Club 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 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.

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 resolved approximately 3,350 PACA claims involving more than $63 million. PACA staff also assisted more than 8,000 callers with issues valued at approximately $156 million.  These are just two examples of how USDA continues to support the fruit and vegetable industry.

For further information, contact Travis M. Hubbs, Chief, Investigative Enforcement Branch, at (202) 720-6873, or by email at PACAInvestigations@usda.gov

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

Release No.: 084-19

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