USDA Cites Progreso Produce Limited 1 L.P. in Texas for PACA Violations

USDA/AMS Press Release:

Release No.: 186-14

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

WASHINGTON, Sept. 2, 2014 – The U.S. Department of Agriculture (USDA) has cited Progreso Produce Limited 1 L.P., Boerne, Texas, for failure to pay for produce.

The company failed to pay $3,904,232 to eight sellers for 760 lots of produce. This is in violation of the Perishable Agricultural Commodities Act (PACA). As a result of these actions, USDA and Progreso Produce Limited 1 L.P. entered into a consent decision barring the company from operating in the produce industry until June 25, 2016, at which time it may reapply for a PACA license.

The company’s principal, Curtis H. Deberry, may not be employed by or affiliated with any PACA licensee until June 25, 2015, and then only with the posting of a USDA-approved surety bond.

Under PACA provisions, those individuals held responsibly connected to PACA violations including sole proprietors, partners, members, officers, directors, and stockholders, may not be employed by or affiliated with any PACA licensee without USDA-approval.

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. USDA is authorized to suspend or revoke a company’s license for violations of PACA. All oversight of actions related to PACA are conducted by AMS, an agency within USDA.

In the past three years, USDA resolved approximately 4,600 claims filed under PACA involving more than $87 million. This is just one more way USDA continues to support the fruit and vegetable industry.

For further information, contact Josephine E. Jenkins, Chief, Investigative Enforcement Branch, at (202) 720-6873, by fax at (202) 720-8868, or by email at InvestigativeEnforcement@ams.usda.gov.