Ontario greenhouse grower organization deliberates action against convicted growers

Thursday, June 9, 2016

by SUSAN MANN

The Mucci greenhouse operation, convicted and fined $1.5 million in a Windsor court Monday for labelling and selling imported vegetables as Canadian product, may face additional sanctions, only this time from the Ontario Greenhouse Vegetable Growers organization.

Mucci International Marketing Inc. and Mucci Pac Ltd., along with company directors, general manager Danny Mucci and Joseph Spano, vice president of sales, were convicted in the Ontario Court of Justice for violating federal packaging and labelling laws. The eight counts the companies and their directors were convicted of were for contravening sections of three separate federal acts.

The acts are: the Food and Drugs Act, the Consumer Packaging and Labelling Act and the Canada Agricultural Products Act. The Canadian Food Inspection Agency is responsible for administering and enforcing them.

In addition to the fine, Mucci and Spano were sentenced to three years of probation.

UPDATE: June 16 2016 — The fine levied against Mucci International Marketing Inc., Mucci Pac Ltd. and two company directors for mislabelling and selling imported produce as Canadian is the largest for greenhouse operations that have been convicted in the past 15 years, according to a Canadian Food Inspection Agency spokesperson.

Previous fines for other greenhouse operations ranged from $1,500 to $10,000, says Suzi Beck by email.

For Mucci, it has 90 days to pay the fine to the receiver general of Canada, she says. A portion of the fines goes to the province for administering the provincial court system. Beck didn’t say how much of the fine is earmarked for Ontario. END OF UPDATE


The Kingsville-area Mucci farm, with more than 400 acres of greenhouses and about 1,200 full-time employees, is an Ontario Greenhouse Vegetable Growers licensed marketer. In a June 7 press release, the greenhouse vegetable growers organization said it views the convictions as serious and will be reviewing the evidence presented in the case.

The organization will take “whatever actions we deem appropriate to protect our sector, our producers and consumers,” the release said.

Rick Seguin, greenhouse vegetable growers general manager, said by email he can’t comment on what actions the organization could take against the company “until the board has had a chance to review in detail all of the facts from the case.”

The Mucci companies’ and officials’ mislabelling actions could have widespread repercussions on the greenhouse industry.

“Incorrectly labelling imported product as being Ontario product not only misleads consumers, but also negates the investment that Ontario producers make every day into producing a superior product to meet consumer demands,” the greenhouse growers release says.

Seguin said it was too early to say if the Mucci actions damaged the industry.

“We go to great lengths to ensure our product is differentiated in the market and to make sure consumers are aware of the advantages.”

Seguin added he believes consumers recognize “and appreciate the high quality, safe produce that comes from Ontario greenhouse vegetable producers.”

CFIA said in a June 7 press release the two Mucci companies pleaded guilty to three counts each for contravening sections of the three acts related to packaging and labelling greenhouse peppers, tomatoes and cucumbers “in a manner which misrepresented the country of origin.”

Mucci and Spano each pleaded guilty to an offence under a section of the Canada Agricultural Products Act for marketing and misrepresenting produce.

CFIA laid the charges in July 2014 after an investigation “substantiated widespread misrepresentation of imported greenhouse vegetables as product of Canada,” the release said.

Mucci Pac Ltd. packaged the mislabelled product, and Mucci International Marketing Inc. sold it to retailers over a 15-month time period, the release said.

Spano declined to comment when contacted by phone Wednesday morning, only saying their statement was contained in a June 7 written press release.

In the release, Spano and Mucci said their companies and employees cooperated fully with the CFIA investigation, during which mistakes were uncovered.

“We take responsibility for these mistakes and have promised to make every reasonable effort to ensure that it (produce mislabelling) does not occur in the future,” Mucci said.

Spano said the regulatory offences, which they agreed to accept, “impose penalties for mistakes. Companies are required to be diligent in their operations and not make mistakes. The reality is in most large businesses, quite unintentionally, mistakes are made.”

The Food and Drugs Act and the Consumer Packaging and Labelling Act prohibit selling and advertising food in a false or misleading manner, and labelling or selling packaged food products containing false or misleading statements. The Canada Agricultural Products Act prohibits marketing imported produce that isn’t labelled according to Fresh Fruit and Vegetable regulations, including having the proper country of origin information, the CFIA release said. The regulations define the country of origin as the country where the produce was grown. BF