“We are a shipper that exports product overseas and to Canada. We sometimes receive survey reports or inspections from the ocean carrier or other third party abroad. Will these private inspections hold up in a PACA action?” Third party surveys or non-government inspections must meet certain criteria in order to be considered as evidence of ...
As much as we’d wish it were true, not every disputed situation is black and white coupled with a clear cut remedied path to make us whole again. While we have the ability to review PACA precedent decisions to review outcomes of historic rulings and determine our likelihood of prevailing in certain situations, there still ...
Due to coronavirus-related market disruptions, many of our grower and shipper members have received requests from their buyers – largely in the foodservice sector – to extend payment terms beyond 30 days. Be advised that extending payment terms beyond 30 days BEFORE the initial 30-day payment period has expired will waive your PACA Trust rights. ...
In most scenarios, when a load of produce arrives at its destination by truck showing signs of a breach of contract related to quality and/or condition issues, the receiver has the right to reject the load if the product has not yet been unloaded from the carrier. However, the receiver must first obtain a USDA ...
The USDA’s Agricultural Marketing Service (AMS) recently announced it will be increasing inspection fees for fresh produce’s quality and condition, along with audit verification services. The rate increases, which were recently published in a Federal Register notice, took effect yesterday October 1st. Quality and condition federal inspection fees will be increasing ten percent, from $191…
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, I am pleased to provide a two-part guest blog from Mr. Bart Botta with the law firm of Rynn & Janowsky, LLP. Mr. Botta is ...
In today’s produce culture, it may seem and be proven that the pendulum is swinging more in the retailers favor than it is with keeping an equitable, harmonious playing field for both sellers and buyers of fresh/frozen commodities. That does not mean retailers, food service, wholesalers and other buyers have carte blanche to reject product ...
As a produce salesperson or manager in accounting for your company, I can appreciate the many daily challenges you face that tug and pull for your priority and attention. With that said, the very last thing you want to deal with is payment term inconsistencies within your sales documentation that may put your company in ...
In a non-COVID world on a monthly basis, I conduct sales workshops/seminars for our regular members of Western Growers to discuss and educate on various claim issues that a sales organization would encounter in their day to day experience on the sales desk. One question that is commonly raised pertains to the importance of evidence ...
It is more imperative than ever for the modern produce sales associate to build out their toolbox of resources, especially for when a problem arises and dispute objectivity is required, either domestically or in Canada. The two primary adjudication services to be aware of who handle fresh and frozen fruit and vegetable disputes are the ...
I receive daily inquiries from our shipper-members concerning problems on sales transactions happening on a real-time basis, or after the fact, and the member is endeavoring to arrive at a resolution. On such occasions, the inquiring-caller tells me that a federal inspection for condition and quality was secured at contract destination and he/she has granted ...
The wrath of COVID-19 continues to blur the lines between buyer and seller liabilities, so it is important to know how to properly handle a buyer’s order cancellation. In the last few weeks, I’ve received a handful of phone calls from shippers wanting to know if it is permissible for their buyer(s) to cancel orders ...
The nexus for this blog in recent years has been focused on providing timely topics and solutions for Western Growers (WG) members, specifically for those individuals who participate or support the sales and marketing of fresh produce and are dealing with the occasional day-to-day challenges. Regular members of Western Growers have the opportunity, and are ...
Timely and verified rejections of fresh commodities at contract destination do occur, making it very important to know precisely how to handle your next moves. Once a contract has been amended, the seller must know how to hold the handler accountable to ensure they’ve maximized the forwarded net proceeds once all sales are completed. In ...
When shipping fresh fruits and vegetables, it is important that the shipper be aware of the compatibility of the commodities being shipped with respect to temperature, relative humidity, and ethylene exposure. This is especially true when you are shipping LTL (less than truckload). An example of a shipment involving non-compatible commodities might be table grapes ...
A USDA Inspection Certificate is the primary document that certifies the quality and condition of the produce shipped and will definitively establish either compliance or a breach of contract. The USDA certificate is an unbiased third party governmental official determination of the produce at contract destination and is considered prima facie evidence in a potential ...
Whether you are establishing a sale or amending a sales contract, here are some helpful reminders to be aware of when using PAS (Price after Sale) sales terms. Afterall, PAS (also referred to as open price sale or open sale) does not establish a consignment or an agency relationship. With everything already agreed to but ...
When a buyer is entitled to keep product but is unwilling to renegotiate the original sales price with you on a shipment that has “failed to meet contract specifications at contract destination,” how do you determine what the adjusted price should be? What if there is no meeting of the minds on an equitable settlement ...
Yesterday, Western Growers Trade Practices hosted a webinar to not only discuss the finer points of Walmart’s On Time in Full (OTIF) policy but also some proven shipper best practices to help members cope with retailer compliance requirements and avoid financial penalties. OTIF is now the direction retailers are going, and all suppliers need to ...
Fresh produce shippers are used to dealing with unique retailer demands getting their product to market. One such challenge, first introduced by Walmart U.S. in 2017, is the retail giant’s on-time in-full (OTIF) policy. As the name indicates, this logistics compliance program requires product to arrive at Walmart’s distribution centers on time and in full. ...