Perfectly Fresh Farms, Inc., et al. v. USDA; Bennett v. USDA
These proceedings involved a complex, rarely litigated federal statute, the Perishable Agricultural Commodities Act (PACA), 7 U.S.C. 499a et seq., designed in part to assure that farmers were paid for their produce. In 2009, a Judicial Officer (JO) of the USDA determined that petitioners had violated the PACA by failing to make prompt payment for produce purchases. The court held that the JO's determination that the Subsidiaries purchased produce and failed to make prompt payment for it as required by section 499b(4) was supported by substantial evidence; the JO's conclusion that Petitioners Duncan and Bennett were responsibly connected to Consolidation and Farms under section 499a(b)(9) was also supported by substantial evidence and free from legal error; and therefore, the petitions for review were rejected. View "Perfectly Fresh Farms, Inc., et al. v. USDA; Bennett v. USDA" on Justia Law