As a benefit to Regular shipping members of Western Growers (WG), the Trade Practices & Commodity Services department has assisted members in consultation on sales contracts since 1966. This guidance and education of rights and remedies available to sellers of perishable commodities has been invaluable. As a direct result of this obtainable service, several million ...
The advisory warning issued last week about an E. coli outbreak in romaine lettuce has triggered numerous questions regarding the legal ramifications between seller and buyer with any affected romaine that was already received, or in-transit, or being prepared for shipment. The allocation of the risk of loss depends on the terms of sale. For ...
The term load and count is the notation on a bill of lading indicating that the contents (number of cartons or sacks) inside the refrigerated trailer were loaded and counted by both the shipper and trucker. If you are not allowing the carrier the opportunity to verify your count, your operation could be referred to ...
When it comes to in-transit temperatures, it’s not always black and white to definitively establish if the shipment was affected by improper in-transit temperature maintenance. When the transportation record (temperature recorder/Carrier Download) clearly documents temperature abuse for a sustained period of time, the shipper should have no problem enforcing its FOB contract. However, what…
With the Advisory from U.S. Food and Drug Administration and Center for Disease Control announcements on November 20th and November 26th, the Trade Practices Department of Western Growers has fielded many calls from shippers on sales contract implications, rights, responsibilities and payment of fulfilled shipments. It is clear that this outbreak has triggered numerous questions ...
Are you prepared when there are unexpected shortfalls of available produce you have contracted and agreed to ship to your customer? Whether it is a short-term ad commitment or an extended vendor agreement for a routine quantity of produce to be shipped, it is important to know your obligations and, more importantly, how you and ...
The content for this blog was compiled through the cooperation of the Canadian Produce Marketing Association (CPMA). The mission of CPMA is to enhance the market and facilitate trade of fresh fruits and vegetables for members. Western Growers has worked closely with CPMA as a trusted partner for many years. If you are a member ...
Along with a New Year comes a crucial time of the year to be reminded of leafy greens (iceberg and romaine) exposure to possible freeze conditions in the field. Just last week, USDA Market News reported start of daily harvest curtailed by ice in the fields in the desert southwest lettuce growing regions. The low ...
By only taking a quick cursory review of the USDA inspection, a shipper may miss the full story as to whether there was an actual breach of contract (failure to meet good delivery). You must remember that a USDA certificate may in most circumstances reflect that the commodity failed to grade U.S. No. 1, but ...
The Romaine Task Force Subcommittee working to refine language associated with voluntary regional labeling of romaine products has updated their Q & A document to no longer require suppliers and distributors to include the harvest date on the labels of romaine products, as long as a date of harvest can be determined using existing dates ...
Here at Western Growers Trade Practices, we encourage shippers to embrace a culture of best practices by putting in place every day procedures and protocols. As part of that mantra, we preach to document, document, and document. As a shipper, we know you strive every day to fulfill your customers’ expectations, on every sales transaction. ...
Most shippers understand that goods must be sold in or in contemplation of interstate commerce for PACA to have jurisdiction. However, a common misconception is that fresh or frozen produce must cross state lines to qualify as being sold in or in contemplation of interstate commerce. That is not always the case. In Steve Almquist ...
As a produce shipper with a reported problem load at contract destination, you shouldn’t solely depend on your buyer informing you that he or she has already obtained an opinion from the Perishable Agricultural Commodities Act (PACA) regional office that it was a “shipper problem.” Many times, buyers will contact PACA for advice and an ...
The Perishable Agricultural Commodities Act (PACA), enacted in 1930, is a law that authorizes the regulation of the buying and selling of fresh and frozen fruits and vegetables in interstate and foreign commerce while suppressing unfair and fraudulent trading practices. While many aspects within the produce industry have evolved, e.g., farming practices, food safety integration, ...
Rejections at destination are inevitable, and the issues surrounding them are never pleasant. So you need to be prepared to take the emotion out of the situation, have your product moved in a timely manner and have it sold for the account of whom it may concern to maximize the return and protect your rights ...
“I have a number of loads to ship in the coming week(s) with confirmed prices and P.O. numbers exchanged, however, due to the weather conditions I do not have product available to fulfill my commitment with the buyer. The buyer is threatening to buy against my account if I don’t supply him with the product ...
Using a smartphone, buyers can instantly text or email you photos of fruits or vegetables you sold upon arrival, ostensibly giving you an indisputable snapshot of the quality and condition of your product. While such images can be informative, they should not take the place of securing a USDA or Canadian Food Inspection Agency inspection ...
As the saying goes, “Timing is everything” and that continues to ring true within your ability to quickly identify and pursue a claim against your buyer. The timing to commence a potential claim is not debatable; it should be when you first become aware of a problem with a shipment. It could be either a ...
As we each work diligently within our respective operations to adopt new technologies and enhance best practices to make our lives easier, the U.S. Department of Agriculture (USDA) has been focused with the same approach in mind. With that being said, USDA has recently announced that the Specialty Crop Program will be raising inspection fees ...
What are a shipper’s rights when a buyer unloads and accepts their produce at the contract destination, but claims a breach of contract? It is imperative to remember these three facts: Once accepted (most commonly by the act of unloading) by an act of control, the buyer loses the right to subsequently reject and/or demand the ...