The U.S. Department of Agriculture (USDA) has imposed sanctions on H Brooks and Company LLC (H Brooks), New Brighton, Minnesota, 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 wilful, 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.
Click here for an overview of companies that previously violated PACA.
For further information:
Corey Elliott
USDA
Tel: +1 (202) 720-6873
PACAInvestigations@usda.gov
http://www.ams.usda.gov/