The U.S. Department of Agriculture has imposed sanctions on Wayne Bailey Inc., Chadbourn, N.C., for violating the Perishable Agricultural Commodities Act. 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.
WBI failed to pay $8,182,415 to 46 sellers for produce that was purchased, received and accepted in interstate and foreign commerce from June 2015 to April 2018. This is in violation of the PACA. WBI cannot operate in the produce industry until Dec. 31, 2022, and then only after they apply for and are issued a new PACA license by USDA.
The company’s principal, George Wooten, Jr., may not be employed by or affiliated with any PACA licensee until Dec. 31, 2021, 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.
Individuals not responsibly connected to Organic Fruit Markets
The U.S. Department of Agriculture has determined that Eloiza Nunez Ramirez, Jose A. Ramirez, Antonio Benitez, Tomasa Rivera Granados, Raul Martinez, Omar P. Polito and Alverto Rivera are not responsibly connected to Organic Fruit Markets LLC, operating out of Oroville, Wash. This is an update to a press release from Sept 28, 2020.
Organic Fruit Markets LLC violated the Perishable Agricultural Commodities Act by failing to pay a reparation award in the amount of $19,231 in September 2020. As a result, USDA imposed sanctions on the business, including requiring that all principals may not be employed by or affiliated with any PACA licensee without USDA approval.
USDA made an initial determination that Eloiza Nunez Ramirez, Jose A. Ramirez, Antonio Benitez, Tomasa Rivera Granados, Raul Martinez, Omar P. Polito and Alverto Rivera were responsibly connected to Organic Fruit Markets LLC and subject to sanction. These individuals contested this initial determination and USDA has now determined that they were not responsibly connected to Organic Fruit Markets LLC at the time of the violation.
As a result, Eloiza Nunez Ramirez, Jose A. Ramirez, Antonio Benitez, Tomasa Rivera Granados, Raul Martinez, Omar P. Polito and Alverto Rivera may be employed by or affiliated with any PACA licensee.
Click here for an overview of companies who previously violated PACA.
For more information:
John Koller
USDA
Tel: +1 202 720 2890
Email: PACAdispute@usda.gov
www.ams.usda.gov