With everyone having the capability of digital imaging, buyers have the means of instantly emailing you images of your fruits or vegetables upon arrival ostensibly giving you the quality and condition of your product. While the photo or photos are very informative, it does not, however, take the place of a USDA or Canadian Food Inspection Agency inspection certificate. Neither the PACA nor the Fruit and Vegetable Dispute Resolution Corporation will accept digital imaging (pictures) as evidence of a breach of contract as it relates to off-condition.

Recently my office was representing a shipper in a dispute where the shipper had signed a purchase agreement detailing the understanding of both parties prior to supplying product. The shipper requested that I file a PACA complaint against the buyer for a breach of contract of the agreement but embedded in the agreement was a requirement that all disputes under the agreement be submitted to mediation and ultimately arbitration. As anticipated, the PACA referred to precedent decisions that detailed if the parties have agreed upon an arbitration provision, it must be followed.


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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