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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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®…
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…
From large shippers to small businesses, everyone can benefit from supply chain technology that drives greater efficiency and improves savings, reliability and visibility. With nearly 200,000 companies using it, Navisphere® is the most connected logistics platform with capabilities to transform your supply chain data into smarter…
In the realm of disputed contracts for fresh and frozen produce, the WG Trade Practices department plays a crucial role in representing shipper members. Frequently called upon to provide written justifications for suppliers based on specific sections of the PACA regulation, it is important to recognize that while these regulations define terms and outline responsibilities within the supply…
Get debriefed on skirmishes among PACA trust creditors, disarming non-dischargeability possibly before SCOTUS, and factoring companies – friend, foe or frenemy? In this one-hour webinar, moderator Bryan Nickerson, Manager, Trade Practices at Western Growers, and PACA attorney June Monroe from Fennemore, LLP, take you through a short basic training and a full debriefing on recent PACA court…
The saying, “Timing is everything,” still holds true when it comes to identifying and pursuing a claim against a buyer. The timing to initiate a potential claim is not up for debate; it should be when you first become aware of a problem with a shipment. Whether it is a potential truck claim or a dispute with a customer, the situation needs to be addressed immediately and documented. You can…
For those WG shipper members that export into Canada, membership with the Dispute Resolution Corporation (DRC) is a requirement. Guest columnist and DRC’s Director of Trading Assistance, Jaime Bustamante, provides his insights on the specific requirements to demonstrate when a commodity fails to meet contract terms at destination in Canada. "DRC Trading Assistance staff continue to see the…