62 Agric. Dec. 367 March 22, 1994. This license terminated on March 22, 2001, pursuant to Section 4(a) of the PACA (7 U.S.C. § 499(a)), when Respondent failed to pay the required annual renewal fee. 3. The Secretary has jurisdiction over Respondent and the subject matter involved herein. 4. During the period from May 2000 through July 2000, Respondent purchased, received, and accepted in foreign commerce, from 2 sellers, 186 lots of fruits and vegetables, all being perishable agricultural commodities, but failed to make full payment promptly of the agreed purchase prices, in the total amount of $523,917.39. Conclusions Respondent's failure to make full payment promptly with respect to the transactions set forth in Finding of Fact No. 4 above, constitutes willful, repeated and flagrant violations of Section 2(4) of the Act (7 U.S.C. § 499b(4)), for which the Order below is issued. Order A finding is made that the Respondent has committed willful, flagrant and repeated violations of Section 2 of the Act (7 U.S.C. 499b), and the facts and circumstances of the violations shall be published. This order shall take effect on the 11th day after this Decision becomes final. Pursuant to the Rules of Practice, this Decision will become final without further proceedings 35 days after service hereof unless appealed to the Secretary by a party to the proceeding within 30 days after service as provided in Sections. 1.139 and 1.145 of the Rules of Practice (7 C.F.R. 1.139 and 1.145). Copies hereof shall be served upon parties. [This Decision and Order became final December 26, 2002, and effective January 6, 2003. - Editor] In re: GROWERS PRODUCE, a/t/a WESTERN PRODUCE COMPANY. PACA Docket No. D-02-0001. Decision Without Hearing by Reason of Default. Filed November 25, 2002. PACA - Default - Payment, failure to make prompt. Mary Hobbie, for Complainant. Respondent, Pro se. Decision and Order issued by James W. Hunt, Administrative Law Judge. Preliminary Statement This is a disciplinary proceeding under the Perishable Agricultural Commodities Act, 1930, as amended (7 U.S.C. §499a et seq.) hereinafter referred to as the "Act", instituted by a Complaint filed on October 11, 2001, by the Associate Deputy Administrator, Fruit and Vegetable Programs, Agricultural Marketing Service, United States Department of Agriculture. It is alleged in the complaint that during the period August through November 1999, Respondent failed to make full payment promptly to 32 sellers in the total amount of $332,492.99 for 439 lots of perishable agricultural commodities it purchased, received and accepted in interstate and foreign commerce. A copy of the complaint was mailed to the Respondent by certified mail on October 11, 2001 and received by Respondent on October 18, 2001. This complaint has not been answered. The time for filing an Answer having run, and upon motion of the Complainant for the issuance of a Default Order, the following Decision and Order shall be issued without further investigation or hearing pursuant to Section 1.139 of the Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes (Rules of Practice) (7 C.F.R. §1.139). Findings of Fact 1. Respondent, Growers Produce, also trading as Western Produce Company, is a corporation organized and existing under the laws of the State of California. Its business address is 380 Third Street, Oakland, California 94607. 2. At all times material herein, Respondent was licensed under the provisions or operating subject to the provisions of the PACA. License number 182180 was issued to Respondent on July 15, 1959. The license terminated on July 15, 2000, when Respondent failed to pay the required annual renewal fee pursuant to Section 4(a) of the PACA (7 U.S.C. § 499d(a)). 3. During the period of August through November 1999, Respondent purchased, received, and accepted in interstate and foreign commerce from 32 sellers, 439 lots of perishable agricultural commodities, but failed to make full 62 Agric. Dec. 369 payment promptly of the agreed purchase prices or balance thereof in the total amount of $332,492.99. Conclusions Respondent's failure to make full payment promptly with respect to the transactions set forth in Finding of Fact No. 3, above, constitutes willful, repeated and flagrant violations of Section 2(4) of the Act (7 U.S.C. §499b(4)), for which the Order below is issued. Order A finding is made that Respondent has committed willful, repeated and flagrant violations of Section 2(4) of the Perishable Agricultural Commodities Act (7 U.S.C. §499b(4)), and the facts and circumstances of the violations shall be published. This Order shall take effect on the eleventh day after this Decision becomes final. Pursuant to the Rules of Practice, this Decision will become final without further proceedings thirty-five days after service hereof, unless appealed to the Secretary by a party to the proceedings within thirty-five days after service as provided in Sections 1.139 and 1.145 of the Rules of Practice (7 C.F.R. §1.139 and 1.145). Copies hereof shall be served upon the parties. [This Decision and Order became final January 8, 2003, and effective January 19, 2003. - Editor] In re: BRUNO'S PRODUCE, INC. PACA Docket No. D-02-0016. Decision Without Hearing by Reason of Default. Filed November 1, 2002. PACA - Default - Payment, failure to make prompt. David A. Richman, for Complainant. Respondent, Pro se. Decision and Order issued by Jill S. Clifton, Administrative Law Judge. Preliminary Statement This is a disciplinary proceeding under the Perishable Agriculture Commodities Act, 1930, as amended (7 U.S.C. § 499a et seq.) (hereinafter referred to as the "Act"), instituted by a complaint filed on March 29, 2002, by the Associate Deputy Administrator, Fruit and Vegetable Programs, Agricultural Marketing Service, United States Department of Agriculture. The complaint alleges that during the period February 2001 through May 2001, Respondent Bruno's Produce Food, Inc. (hereinafter "Respondent") failed to make full payment promptly to 19 sellers of the agreed purchase prices in the total amount of $812,184.68 for 101 lots of perishable agricultural commodities which it purchased, received and accepted in interstate commerce. As described in Complainant's Motion for Decision Without Hearing by Reason of Default, service was effected upon Respondent on May 7, 2002. The time for filing an answer expired on May 27, 2002, and upon motion of the Complainant for the issuance of a Default Order, the following Decision and Order shall be issued without further procedure pursuant to Section 1.139 of the Rules of Practice (7 C.F.R. § 1.139). Findings of Fact 1. Bruno's Produce Food, Inc., is a corporation organized and existing under the laws of the State of Nevada. Its business mailing addresses are 4425 East Sahara #42, Las Vegas, Nevada 89104-6359; and 3959 Patrick Lane, Las Vegas, Nevada 89120-6219. 2. At all times material herein, Respondent was licensed under the provisions of the PACA. License number 010169 was issued to Respondent on October 25, 2000. This license terminated on October 25, 2001 pursuant to Section 4(a) of the PACA (7 U.S.C. § 499(a)), when Respondent failed to pay the required annual renewal fee. 3. The Secretary has jurisdiction over Respondent and the subject matter involved herein. 4. During the period from February, 2001 through May, 2001, Respondent purchased, received, and accepted in interstate commerce, from 19 sellers, 101 lots of fruits and vegetables, all being perishable agricultural commodities, but failed to make full payment promptly of the agreed purchase prices, in the total amount of $812,184.68. Conclusions 62 Agric Dec. 371 Respondent's failure to make full payment promptly with respect to the transactions set forth in Finding of Fact No. 4 above, constitutes willful, repeated and flagrant violations of Section 2(4) of the Act (7 U.S.C. § 499b(4)), for which the Order below is issued. Order A finding is made that the Respondent has committed willful, flagrant and repeated violations of Section 2 of the Act (7 U.S.C. 499b), and the facts and circumstances of the violations shall be published. This order shall take effect on the 11th day after this Decision becomes final. Pursuant to the Rules of Practice, this Decision will become final without further proceedings 35 days after service hereof unless appealed to the Secretary by a party to the proceeding within 30 days after service as provided in Sections 1.139 and 1.145 of the Rules of Practice (7 C.F.R. 1.139 and 1.145). Copies hereof shall be served upon parties. [This Decision and Order became final January 28, 2003, and effective February 8, 2003. - Editor] In re: HEARTLAND CITRUS, INC. PACA Docket No. D-02-0020. Decision Without Hearing by Reason of Default. Filed December 20, 2002. PACA Default Payment, failure to make prompt. Charles Kendall, for Complainant. Respondent, Pro se. Decision and Order issued by Jill S. Clifton, Administrative Law Judge. Preliminary Statement This is a disciplinary proceeding under the Perishable Agriculture Commodities Act, 1930, as amended (7 U.S.C. § 499a et seq.) (hereinafter referred to as the "Act"), instituted by a Complaint filed on July 12, 2002, by the Associate Deputy Administrator, Fruit and Vegetable Programs, Agricultural Marketing Service, United States Department of Agriculture. The Complaint alleged that during the period December 5, 1999, through July 3, |