Q & A for TDA Handling and Marketing of Perishable Commodities (HMPC) Program

Produce Recovery Fund

Does an inspection/inspector get dispatched?

Upon Receipt of a Produce Recovery Claim (see  File a Produce Recovery Claim because my buyer did not pay me ), TDA’s Austin Headquarters will contact the appropriate TDA Reginal office and request an on-site, written inspection of the produce marketing facilities by a trained TDA Field Inspector,

Does TDA conduct an investigation?

A trained Field Inspector will be dispatched by the Reginal Office to perform a full inspection or partial inspection (depending on the type of alleged complaint or violation) of the produce marketing facilities,

Is a report written?

Upon completion of the inspection a written report including all required forms, documentation of invoices, bills of lading, photographs and other exhibits will be delivered to program coordinator at TDA’s Austin Headquarters for review, processing, and delivery to the Enforcement Division of the TDA office of General Counsel,

Is there an Enforcement action?

Following the conclusion of administrative law hearings to determine whether relief for the claimant from the Produce Recovery Fund (Fund) is warranted, the respondent will be required to reimburse the fund, plus interest for the funds paid.

Should the respondent fail to satisfy the full repayment to the fund in the time required by the administrative law official, the HMPC license will be revoked, and the case will be forwarded to the Office of the Attorney General of Texas for collection and possible fines, confiscations and/or penalties.

If the respondent is not licensed/certified by TDA who/what agency needs to be contacted?

TDA Grain Warehouse Program Coordinator at

Phone: 512-936-2430,

Email: AgCommodities@TexasAgriculture.gov

Web: https://www.texasagriculture.gov/Regulatory-Programs/Handling-and-Marketing-of-Perishable-Commodities

Also see https://www.texasagriculture.gov/Regulatory-Programs/Handling-and-Marketing-of-Perishable-Commodities/Produce-Recovery-Fund