POTATO SALES COMPANY, INC., Petitioner, v. DEPARTMENT OF AGRICULTURE, Respondent

Potato Sales Company, Inc. petitions for review of the decision of the Secretary of the United States Department of Agriculture (USDA), adopting the decision of the admin istrative law judge that revoked Potato Sales’s license under the Perishable Agricultural Commodities Act (PACA), 7 U.S.C. §§ 499a et seq., for misrepresenting the place of origin on 7,554 cartons of New Zealand apples.

We have jurisdiction, 28 U.S.C. § 2342 , and deny the petition for review.

I

Potato Sales holds a license under' the PACA. Sometime in March or April 1992, Lynn Chou of TSL Trading, Inc., d/b/a SL International, approached Don Beck, Potato Sales’s vice president in charge of fruit sales and son-in-law of Jack Berlin, its president and sole shareholder. Chou wanted to buy New Zealand apples from Beck, but indicated that her customer, Ever Justice Corporation, required them to be repacked so that the lids would not identify the products as New Zealand apples. Beck told Chou that this practice was “not customary trade” and was “not something that Potato Sales ordinarily would do.” Nevertheless, Beck agreed to the relidding to “satisfy somebody to do the business and get the order.” Potato Sales…