I routinely receive emails from our Western Growers’ members asking me to review different retail and wholesale vendor supplier and indemnification agreements. Generally, these agreements contain requirements on shippers that you should closely scrutinize and amend (if possible) before signing on the dotted line. I have listed below some of the more critical issues contained in most of these agreements. It is always a prudent business practice to have legal counsel review these agreements before signing.

 

I am pleased to provide a contribution 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. Mr. Botta’s bio is accessible by following the link http://www.rjlaw.com/botta.php. Mr. Botta provides some practical guidance of what you should do if you find yourself with one of your customers filing bankruptcy.

A foreign grower or foreign company that buys or sells fresh fruits and vegetables is allowed to file a PACA (Perishable Agricultural Commodities Act) complaint against a U.S. PACA Licensee.  One of the requirements is that the product must physically enter into the United States (States and territories) for the PACA to have jurisdiction.  An exception to this would be produce that merely transits the United States en-route to another country.

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