United States Ninth Circuit

A petition for review of a determination by the Judicial Officer (JO) of the U.S. Department of Agriculture, that subsidiaries of a wholesale produce company had violated the Perishable Agricultural Commodities Act (PACA) by failing to make prompt payment for produce purchases and that two individuals connected with the subsidiaries were subject to employment and licensing bans of variable duration in the perishable agricultural commodities industry, is denied, as: 1) the JO's determination that the subsidiaries purchased produce and failed to make prompt payment for it as required by section 499b(4) is supported by substantial evidence; and 2) the conclusion that the two individuals were responsibly connected to the subsidiaries under section 499a(b)(9) is also supported by substantial evidence.

Appellate Information

• Decided 08/28/2012
• Published 08/28/2012

Judges

• Berzon

Court

• United States Ninth Circuit

Counsel