FARGO - A North Dakota agriculture processing plant has agreed to plead guilty in federal court for preparing to export peas that were not considered U.S. products, court documents show.

Missouri River Ag Processing Inc. of Williston has agreed to the deal even though the company has yet to be arraigned on formal charges, said Timothy Purdon, a Bismarck attorney.

"Rather than sit back and wait for the charge, we want to resolve this quickly and efficiently," Purdon said Tuesday.

Assistant U.S. Attorney Clare Hochhalter declined to comment at least until after the company's first scheduled court appearance on Dec. 28.

The plea agreement filed last week shows that Missouri River Ag exported whole yellow peas that were produced in the United States to a facility in Saskatchewan. The peas allegedly were split in Canada and exported back to North Dakota to fulfill a U.S. government contract.

"That contract required that all peas delivered be U.S. products," prosecutors wrote. "Whole peas produced in the United States, but exported for processing (such as splitting) and reimported, are not U.S. products."

The company also imported at least 54 metric tons of split yellow peas that were produced in Canada and prepared them for inspection and delivery, the government said.

The problem with the peas was discovered before the final shipment overseas and the company replaced the order with U.S. product, court documents show. Purdon would not say who detected the alleged illegal shipment.

"When it was discovered, my client immediately took corrective action," Purdon said. "He fixed this."

The deal calls for a fine of up to $40,000, which is the difference in value between the peas promised in the contract the peas that were prepared for delivery.

Missouri River Ag would be prevented from participating in federal agriculture programs for at least five years if the plea agreement is approved.