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USDA cites H Brooks and Co. for $3.8MM in PACA violations

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WASHINGTON, Nov. 14, 2022 – The U.S. Department of Agriculture (USDA) has imposed sanctions on H Brooks and Company LLC BB #:100563, New Brighton, Minn., for violating the Perishable Agricultural Commodities Act (PACA).

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.

H Brooks failed to pay $3,812,292 to 37 sellers for produce that was purchased, received and accepted in interstate and foreign commerce from August 2019 to April 2021. This is in violation of the PACA. H Brooks cannot operate in the produce industry until Oct. 11, 2024, and then only after they apply for and are issued a new PACA license by USDA.

The company’s principals, Jason Jaynes and New Harvest Foods Inc., may not be employed by or affiliated with any PACA licensee until Oct. 11, 2023, 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 further information, contact Corey Elliott, Chief, Investigative Enforcement Branch, at (202) 720-6873 or PACAInvestigations@usda.gov.

Contact Info
Public Affairs
PA@usda.gov
(202) 720-8998
Release No. 188-22

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