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 a partner at Rynn & Janowsky which specializes in agriculture, PACA and employment law. You can view Mr. Botta’s bio HERE. Below, Mr.

Bryan Nickerson

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 inspection to support that the load does not meet the terms of the contract and is a rightful rejection.

Bryan Nickerson

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 leaves some inevitable grey area when accessing liability. Below is a recently received member inquiry with provided details to determine which party would be held liable:

Bryan Nickerson

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Produce Insights

Stay up to date with best practices for selling and shipping fresh produce with our insider blog. Produce Insights offers expert guidance on all things related to PACA, product arrival issues, product guarantees, collections on slow pay, disputed contracts and so much more.

Members have relied on information from Western Growers when they’re in a pinch – trusting in our team's vast experience working with the produce industry, the DRC, CDFA, USDA and PACA to save them millions of dollars over the years.

Produce Price Index

Think farmers are making most of the money from your grocery bill? Think again. Use the Produce Price Index (PPI) to find out the difference between how much you spend on fruits and vegetables and how much actually goes back to the farmer.

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