December 6, 2022 – All Fresh Distributors LLC (All Fresh), of Miami, Florida, has been sanctioned by the U.S. Department of Agriculture (USDA) for breaking the Perishable Agricultural Commodities Act (PACA). As a result, the business and its key operators may not engage in PACA-licensed business or other activities without USDA consent as part of these sanctions.
For products bought, received, and accepted in international and interstate commerce from September 2018 to March 2020, All Fresh failed to pay four suppliers $339,601 in violation of The Perishable Agricultural Commodities Act (PACA). As a result, all Fresh won’t be able to work in the produce sector until November 4, 2024, and only after applying for and receiving a new PACA license from the USDA.
Before November 4, 2023, Jesse Fernandez, the company’s principal, is not permitted to work for or be associated with any PACA licensees; he may only do so by posting a surety bond that the USDA has approved.
When a company violates PACA willfully, repeatedly, and flagrantly, USDA must publicize its findings and impose sanctions on any principals who were deemed to be responsibly related to the company during the violation period. Without USDA approval, those people—sole owners, partners, members, managers, executives, directors, or substantial stockholders—may not work for or be connected to any PACA licensee.
The USDA continues to enforce quick and complete payment for produce by imposing these fines while defending the market rights of both vendors and buyers.
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