Straight from Tommy O

Pictures Do Not Tell the Whole Story

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.

Tom Oliveri Jun 24 2015 in Collections and PACA Support

Notification of a Breach of Contract Must Be Documented and Given in a Timely Manner

In a recent blog I described the importance of PACA precedent decisions. In just such a precedent decision, it speaks to the burden of proof being the responsibility of the buyer who claims a breach of contract against seller.

Tom Oliveri Jun 10 2015 in Collections and PACA Support

Spring Cleaning: Time to Review That Old Bill of Lading

Why is language on your bill of lading important?

Tom Oliveri May 27 2015 in Collections and PACA Support

PACA Formal Decisions Establish Precedent and Provide Guidance for the Interpretation of the Regulations

From time to time, when handling a disputed transaction on behalf of a WG member, I am asked to provide the written justification for our position from a referenced section in the PACA regulation.

Tom Oliveri May 13 2015 in Collections and PACA Support

Be Cautious of Arbitration Clauses Before Signing Buy-Sell Agreements

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.

Tom Oliveri Apr 29 2015 in Collections and PACA Support

BEWARE of Non-Government (Private) Inspection and Survey Reports

For those shippers who export, you are undoubtedly familiar with receiving survey reports from foreign overseas markets shipped usually by ocean carrier.

Tom Oliveri Apr 15 2015 in Collections and PACA Support

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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.

Visit the PPI