Posts By: Ken Gilliland

Am I covered by the PACA Trust as long as I have the PACA Trust language on my invoice?

The answer is yes and no.  Yes, you retain Trust rights providing that your invoice reflects payment terms as PACA Prompt or Net 10 Days. This protection allowing for printed language on the invoice is extended to licensees of the PACA.  All other non-licensees are required to submit a written statement to preserve Trust rights.  ...

Update on FMCSA Exemptions When Transporting Agricultural Commodities in Interstate Commerce

  Editor’s Note: Since this article was published there have been further updates to report. The Federal Motor Carrier Safety Administration (FMCSA) has issued regulatory guidance on June 7, 2018 to clarify the applicability of the “Agricultural Commodity” exception with the “Hours of Service of Drivers.” To read more on the updated guidance language, please click ...

Exclusions or special amendments to a sales contract must be disclosed and agreed upon between the parties

Contract negotiations can many times become a daily routine that can lend to complacency. As a reminder, unless you use precise and clear language on any special terms that you want to be a fundamental requirement at time of contract negotiations, you are vulnerable to those terms having not been agreed upon.  Therefore, selling and ...

Karl Logistics Expelled from DRC for Failure to Pay Debts

Western Growers members should be aware that the Dispute Resolution Corporation (DRC) has recently expelled Karl Logistics Inc. (Karl Logistiques Inc.) from its membership for failing to provide information as requested and not paying its debts. If any Western Growers members are considering selling Karl Logistics or have questions about potential implications of business with ...