Berry People, LLC in California Enters Into Consent Decision and Order Involving Alleged PACA Violations

WASHINGTON, Sept. 29, 2025 - On Oct. 3, 2024, the U.S. Department of Agriculture (USDA) filed an administrative complaint against Berry People, LLC, of Hollister, Calif., alleging Berry People failed to make full payment promptly in the total amount of $3,519,748.79 to 19 produce sellers for multiple lots of produce purchased, received, and accepted in interstate and foreign commerce, in violation of the Perishable Agricultural Commodities Act (PACA).

USDA and Berry People have since entered into a Consent Decision and Order finding that Berry People committed repeated and flagrant PACA violations by failing to pay the remaining $1,005,288.56 to multiple produce sellers. The Consent Decision and Order took effect on Aug. 1, 2025.

Pursuant to the PACA, Jerald and Lyndsey Downs, the company's principals, may not be employed by or affiliated with any PACA licensee until Aug. 1, 2026, and then only with USDA approval and with the posting of a USDA-approved surety bond. All responsibly connected parties, including Jerald Downs, Lyndsey Downs and J&L Downs, LLC, are also ineligible to be licensed under PACA until Aug. 1, 2027, and then only with USDA approval and with the posting of a USDA-approved surety bond.

USDA is required to publish a finding that a business has committed willful, repeated and flagrant PACA violations, and impose restrictions against those principals determined to be responsibly connected to the business during the violation period. Those individuals, including sole proprietors, partners, members, managers, officers, directors or major stockholders may not be employed by or affiliated with any PACA licensee without USDA approval.

By issuing these penalties, USDA continues to enforce the prompt and full payment for produce while protecting the rights of sellers and buyers in the marketplace. For more information, contact the Investigative Enforcement Branch at (202) 720-6873 or [email protected].

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The PACA Division, which is in the Fair Trade Practices Program in the Agricultural Marketing Service, regulates fair trading practices of produce businesses that are operating subject to PACA, including buyers, sellers, commission merchants, dealers, and brokers within the fruit and vegetable industry.
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