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PACA Docket No. D-97-0017.

Stay Order

WESTERN SIERRA PACKERS, INC.

PACA Docket No. D-97-0004.

Decision and Order

MICHAEL J. MENDENHALL.

PACA-APP Docket No. 97-0008.

Decision and Order

STEVEN J. RODGERS.

PACA-APP Docket No. 96-0002.

Order Lifting Stay

REPARATION DECISIONS

MESA PRODUCE, INC. V. ROMNEY & ASSOCIATES, INC., ET AL.

1577

1578

1607

1649

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PREMIUM VALLEY PRODUCE, INC. V. SAM WANG FOOD CORP., INC.

PACA Docket No. R-98-0153.

Decision and Order

1684

THE CHUCK OLSEN Co. v. PRODUCE DISTRIBUTORS INC., ET AL.

PACA Docket No. R-98-0083.

Decision and Order

FRIEDRICH ENTERPRISES, INC., ET AL. V. BENNY'S FARM FRESH DISTRIB.

PACA Docket No. R-98-0134.

Decision and Order

MISCELLANEOUS ORDERS

QUEEN CITY FARMS, INC.

PACA Docket No. D-97-0020.

Order Denying Petition for Reconsideration

and Reopening Hearing

JSG TRADING CORP., GLORIA AND TONY ENTERPRISES, ET AL.

1689

1695

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BOBBY E. ROBERTSON, D/B/A BOBBY ROBERTSON PRODUCE.

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ROMNEY & ASSOC., INC., A/T/A R&R DISTRIBUTING.

PACA Docket No. D-98-0007.

Decision and Order

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GROCERY IMPORT & EXPORT INTERNATIONAL CORP., ET AL.

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PERISHABLE AGRICULTURAL COMMODITIES ACT

COURT DECISIONS

ANDERSHOCK'S FRUITLAND, INC., AND JAMES A. ANDERSHOCK v. UNITED STATES DEPARTMENT OF AGRICULTURE.

No. 96-4238.

Decided August 10, 1998.

(Cite as 151 F.3d 735)

Perishable agricultural commodities - Failure to pay - Sanction License revocation.

The United States Court of Appeals for the Seventh Circuit held that the Judicial Officer's revocation of the license of a dealer regulated under the Perishable Agricultural Commodities Act (PACA) for repeated failures to pay for produce over an extended period of time, was proper. The court stated that relevance is a matter of substantive policy and that it is within the agency's power to decide that the reasons for a PACA licensee's repeated failures to pay for produce are not relevant to sanction.

United States Court of Appeals

Seventh Circuit

Before FLAUM, EASTERBROOK, and KANNE, Circuit Judges.

EASTERBROOK, Circuit Judge.

Dealers regulated by the Perishable Agricultural Commodities Act must "truly and correctly. . . account and make full payment promptly in respect of any transaction". 7 U.S.C. § 499b(4). The Secretary of Agriculture has defined "promptly" as "within 10 days after the day on which the produce is accepted". 7 C.F.R. § 46.2(aa)(5). Section 8(a) of the PACA, 7 U.S.C. § 499h(a), authorizes the Secretary to revoke the license of any dealer who commits "flagrant or repeated" violations of § 499b. Between May 1994 and May 1995 Andershock's Fruitland failed to pay the agreed purchase prices of 113 lots of agricultural commodities, a total of more than $245,000. It did not finish paying these sums until 1997, almost a year after the administrative hearing, and the bulk of repayment was accomplished by giving Thomas Produce, its biggest creditor, an equity interest in the dealership in lieu of cash. The Secretary revoked its license under the Department's rule that "repeated failures to pay a substantial amount of money over an extended period of time" lead to revocation rather than a lesser sanction. Caito Produce Co., 48 Agric. Dec. 602, 611-13 (1989).

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