Posts By: Bryan Nickerson
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Blue Book Alert: Increasing Threat of Impersonation Fraud
I am pleased to present a guest contribution from Mr. Bill Zentner of Blue Book Services. Mr. Zentner serves as Vice President of Rating Services and brings over 24 years of experience in fresh produce trade, sales, and market analysis. In this contribution, he will share best practices on safeguarding your business against the growing risks of fraud and imposter activity. Scammers are…
Shipping Incompatible Produce: Who Bears the Risk?
When shipping fresh fruits and vegetables, it is crucial for shippers to understand and consider commodity compatibility, particularly regarding temperature, relative humidity and ethylene sensitivity. This issue becomes especially significant in LTL (less-than-truckload) shipments, where multiple commodities may share space on a trailer. Understanding the Risk in Delivered vs. FOB…
New Canadian Law Offers Potential Financial Protections for Fresh Produce Suppliers
I am pleased to share a guest contribution from June Monroe and Elise O’Brien of Fennemore Law. Fennemore’s experienced agribusiness law attorneys provide an expansive range of services to clients both domestically and internationally. Their expertise spans many areas of agribusiness and agricultural law including PACA law, business and finance, business litigation, employment and labor,…
Navigating Challenges and Opportunities in Transportation and Cold Chain Logistics
By Bryan Nickerson, Commodity and Supply Chain Services Director, in collaboration with C.H. Robinson The transportation market is undergoing significant disruption, primarily due to a persistent freight recession in the aftermath of COVID-19. Lingering inflation, fluctuating fuel prices and ongoing supply chain turbulence exacerbate these challenges. Despite this, the industry is showing…
Leverage PACA and the DRC to Protect Your Business
Shippers, Are You Fully Utilizing The Perishable Agricultural Commodities Act (PACA) and The Fruit and Vegetable Dispute Resolution Corporation (DRC)? In my experience, shippers often underutilize the powerful protections, resources, and dispute forums provided by the two primary adjudication services: PACA and DRC. As the Commodity & Supply Chain Services Director for Western Growers,…
Resources for Mountain Fire Victims and other Disasters
Whether it’s drought, flood, fire or more, there are resources from government agencies and industry associations to help navigate response before, during and after a crisis event. Western Growers’ emergency resource page is a collection of up-to-date resources in these challenging moments. If you need immediate support from a Western Growers team member, please email Bryan Nickerson,…
USDA Warns Shippers of Fraudulent Purchaser Scams
The USDA Agricultural Market Service’s Perishable Agricultural Commodities Act Division (PACA) is warning produce sellers to know their buyer after reports that various entities and individuals may be falsely representing themselves as current PACA licensees and legitimate purchasers in the industry – ordering produce, arranging its pick-up and transport, and not paying for that…
Understanding “Protection” in Produce Transactions: A Cautionary Approach
I frequently receive calls from our members about transaction issues, whether unfolding in real time or arising after the fact, as they work to resolve them. A common theme I hear is, "I granted the buyer protection," and my immediate response is always the same: "What does 'protection' mean to you?" The answers vary widely, underscoring a key issue—there is no standard definition of…
Mastering Adjustments and Allowances in Fresh Produce Sales
In the fresh produce industry, maintaining strong customer relationships sometimes requires offering adjustments or allowances on shipments. This becomes crucial when your product arrives at its contract destination, undergoes a federal inspection, and fails to meet the contract specifications, such as the "Good Arrival Guidelines" or "Good Delivery" standards. Assuming there are no…
Vendor Agreements: Ensuring Compliance with Maximum Pulp Temperature Requirements for Shippers
If you, as a shipper, have a vendor agreement with a buyer that specifies arrival conditions such as maximum pulp temperature, then this blog is for you! For example, your customer may stipulate that the product must pulp at 41°F or lower upon arrival for acceptance. If the product arrives with a pulp temperature above 41°F, the buyer has the right to reject it, with or without a USDA…
Guest Blog: 10 Steps to Fight Freight Fraud
I am pleased to have guest contribution from Mrs. June Monroe with the esteemed law firm, Fennemore. June is a Director based out of the Irvine office who works in Agribusiness and Employment Law Practices Groups. June practices employment law, agricultural law, commercial law, secured transactions and general business law, concentrating on federal litigation, in district court and bankruptcy…
Carrying the Dispute Resolution Corporation Torch
The implementation of the North American Free Trade Agreement (NAFTA) in 1994 revolutionized the North American fresh produce industry, creating a unified marketplace and opening significant cross-border trade and investment opportunities. Despite its advertised benefits, however, this transformation also amplified the potential for disputes, contract breaches and related issues that invariably…
Building a Robust Company Credit Culture: Key Steps and Best Practices
A company's credit culture defines its approach to credit management throughout the organization, reflecting how decisions regarding credit are prioritized alongside other critical business initiatives. Ensuring timely payments from customers is vital for the success of any sales transaction. However, establishing and enforcing a comprehensive credit policy is often overlooked, leading to…
Guidance on Handling a Check Labeled ‘Full and Final’
It is not uncommon for produce buyers to issue payment checks to sellers for amounts less than the invoiced total, accompanied by restrictive endorsement language. This practice raises critical decisions for sellers, as accepting such checks may impact their ability to collect any remaining balance. Understanding the legal implications is crucial, and this blog aims to shed light on the…
Navigating the Path Ahead: The 2024 Transportation Outlook
Approaching the end of the year, it's remarkable how swiftly time has passed. Amidst this rapid progression, our dedication to ensuring the preparedness of the grower-shipper community remains unwavering. Given the dynamic nature of our industry, it's imperative that we consider key factors when assessing the freight forecasts presented by industry analysts. To navigate the evolving landscape of…
The Benefits of Securing a PACA License for Growers
In the volatile world of agriculture, unfortunate scenarios occasionally unfold where shippers, freezers, or marketing agents go out of business, leaving growers with unpaid debts. To safeguard their interests, growers can turn to the protections offered by the PACA Trust. However, to fully benefit from this trust, it is imperative for growers to adhere to specific filing procedures within a…
Cal Fleet Advisor: Moving to Zero Emissions for Medium & Heavy-Duty Fleets
The switch to Zero-Emission Vehicles (ZEVs) can be complicated, but it doesn't have to be. Western Growers is teaming up with Cal Fleet Advisor to guide you through the decision-making process of transitions to EVs. Sign up for this 1 hour webinar to learn more about tailoring a plan for your fleets, and get your questions on ZEVs answered. Join Cal Fleet Advisor Deputy Director, Niki Okuk,…
Understanding USDA Appeal Inspections for Produce Shippers
If you find yourself in a situation where you believe that a USDA inspection has inaccurately described the condition of your produce upon reaching its contractual destination, it's important to know that you have the right to request a USDA Appeal Inspection to reevaluate the quality and condition of your product. This process is designed to ensure fairness and accuracy in assessing your…
How the Western Growers Transportation Program Delivers for Shippers
It's hard to believe that a year has flown by since Lauren Singh took charge of the Western Growers Transportation Program (WGTP). Over the past year, we have witnessed significant changes in the transportation market, shifts in consumer demand at the store level and evolving transportation requirements from our members. During this time, the WGTP successfully implemented Navisphere®…
Navigating a FOB Contract When a Scheduled Truck Pickup Fails
Dealing with a situation where a truck fails to show up for a scheduled pickup under a documented FOB contract can be complex and frustrating for shippers. To handle such scenarios effectively, a structured approach is essential. If you've established an agreed-upon appointment time for loading with the buyer, it's crucial to remain reasonable while assessing the situation. Here's a step-by-step…