Posts By: Bryan Nickerson

In or Out with Defects

Shippers often call me to discuss the results of their timely USDA inspection and for help determining if it meets contract specifications. There are two distinct types of defects listed on the inspection that can help you determine that. When reading a USDA inspection certificate, the inspector will list two types…

Perfecting Your Arrival Inspection Checklist

Several Western Growers members recently asked me for a checklist of questions to ask when product arrives at contract destination when there has been a federal inspection secured. In other words, can we provide a guidance document to the sales staff to ask the correct questions and determine, with accuracy, liability under the terms of the ...

Shipper Steps to Take When Verifying a Potential Rejection

As a shipper, it is prudent to fully understand both your contractual obligations and your rights when handling a potential rejection. A shipment cannot be deemed rejected if it is either: Unloaded (except for the purpose of inspection); or Unilaterally diverted during transit Under PACA law, both such actions constitute acts of acceptance. For proper ...

A Shipper’s Formula When Manifest Doesn’t Match USDA or CFIA Inspection

Let’s say that a shipper’s produce arrives at contract destination and then the buyer immediately ships out a portion of that load to their customer before requesting a USDA or CFIA inspection. When the federal inspector arrives at the buyer’s facility, they inspect the remaining cartons of produce. How would the Perishable Agricultural Commodities Act ...

How To Make More Informed Credit Decisions

I would like to share a valuable opportunity for shippers to consider which supports industry commerce and will help your company make the most informed “sell or no sell” business decisions by joining Blue Book’s Accounts Receivable (A/R) Contributor Program. Hundreds of companies serving the produce supply chain already confidentially submit their monthly A/R…

Feb. 24 Virtual Event to Preview Oakland “Pop-Up” Container Yard

In association with the USDA, CDFA, GO-Biz and CalSTA, the Port of Oakland is hosting a virtual information session on Feb. 24, 2022 at 10 a.m. PT on the new, temporary “pop-up” container yard that will ease congestion and add agricultural export capacity in Oakland. Shippers, forwarders and truckers can ask operational questions about the ...

Protecting Shipper’s PACA Trust Rights When Invoicing by EDI

Some retail and food service customers may require Electronic Data Interchange (EDI) invoicing and reconciliations of settlements to automate the purchase order process.  EDI is simply a standard electronic format that replaces paper-based documents such as purchase orders or invoices. When invoicing via EDI, it is critical that you have the PACA Trust language on ...

PACA Retention of Documents

Shippers often ask how long do they need to retain records before they can be destroyed? The California Department of Food and Agriculture (CDFA), Market Enforcement Branch and the Perishable Agricultural Commodities Act (PACA) both require specific record keeping requirements under their respective regulations.  The PACA requires documents to be maintained for a period of two…

Port of Oakland – Webinar for USDA “Pop Up” Container Program

The U.S. Department of Agriculture (USDA) issued some record-breaking export numbers for the month of February, but for many shippers trying to move their ag products through the Ports of Oakland and Los Angeles, frustrations still persist. According to a Port of Oakland press release, the Port says it’s working with the USDA to clear bottlenecks ...

Trade Practices: Protecting Your PACA Trust Rights In a Pandemic

Recently, a California grower-shipper sent me a copy of a March invoice for a properly executed transaction on which the wholesale buyer had written “P.O. canceled due to COVID-19.” The amount of the invoice was less than $650 for 35 cartons of three specialty items, seemingly destined for foodservice consumption. The reaction by the buyer ...

Trade Practices: Shipper Steps to Take When Verifying a Potential Rejection

By Bryan Nickerson, WG Manager of Trade Practices & Commodity Services As a shipper, it is prudent to fully understand both your contractual obligations and your rights when handling a potential rejection. A shipment cannot be deemed rejected if it is either: 1.  Unloaded (except for the purpose of inspection); or 2.  Unilaterally diverted during ...

Support Industry Commerce & Make More Informed Credit Decisions

Every day thousands of produce transactions occur. Western Growers would like to share a valuable opportunity for shippers to consider which supports industry commerce and will help your company make the most informed “sell or no sell” business decisions by joining Blue Book’s Accounts Receivable (A/R) Contributor Program. Hundreds of companies serving the produce supply…

How to Navigate a Subjective Buyer

I shipped my customer a full truckload and upon arrival, they want to keep a portion of the load and reject the rest based off their in-house quality control inspector findings. Are they able to do that? No, and it is important to understand your duties and obligations as well as your rights as a ...

How Do You Deal With Payments That are Short Pay or Have Full and Final Payment Preprinted on the Check

It is more common than shippers would want to experience, but there are times where your buyer will remit less than the original invoice amount by taking an unauthorized deduction from your invoice. At the same time, the remittance may have restrictive language disclosing that deposit constitutes full and final payment. Below are some helpful steps ...