June 20, 2012

USDA upholds sanctions on James Zappala in PACA violation

The U.S. Department of Agriculture (USDA) has found James R. Zappala responsibly connected to Empire Fresh Cuts LLC in New York, according to a USDA news release.

The company was cited earlier this year for failing to pay $1,022,415.12 to 13 sellers for 119 lots of produce, a violation of the Perishable Agricultural Commodities Act (PACA).  At the time, USDA and Empire entered into a consent decision that prohibits Empire from operating in the produce industry until March 2, 2014, at which time it may reapply for a PACA license. Also at the time, principal Samuel Zappala was prohibited from being employed by or affiliated with any PACA licensee until March 2, 2013, and then only with the posting of a USDA-approved surety bond.

Meanwhile, James R. Zappala had challenged his “responsibly connected” status. USDA has now upheld that status, however, and James Zappala may not be employed by or affiliated with any PACA licensee until
March 2, 2013.

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.

For more information, contact Phyllis Hall, Chief, Investigative Enforcement Branch, at (202) 720-6873, by fax at (202) 720-8868, or by email at
[email protected].





Be sure to check out our other specialty agriculture brands

Organic Grower