Article

The important role of P.A.C.A laws.

Written by Jonathan Bodner

Topic: Legal ServicesPublished October 13, 2016
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Perishable Agricultural Commodities Act is shortly known as the P.A.C.A law. It is absolutely essential to be familiar with this law for those who are in the business of production or produce. It is the main federal law that regulates the produce industry. This particular law makes sure that the fair dealing rules are followed by the produce companies. For this, the produce companies need to get a license to carry on with the business. Any violations to the laid down P.A.C.A law can result in heavy penalties and even loss of license, in addition to employment restrictions. The P.A.C.A law is imposed by the PACA division, which again is a part of the USDA or the U.S. Department of Agriculture. Under PACA, there are rules and regulations which are related to resolving disputes, collection of undisputed debts, and contracting to buy or sell produce. You can find informative website on the PACA, which will contain all information regarding the PACA laws and regulations, and all the contact details including the e-mail addresses both for the regional and DC offices. Things like protection, licensing, and dispute resolution are also there in the website. Forms like the bond forms, license forms, forms for filing reparation complaints, guidelines on proper delivery, and a fifty page list of commodities covered under PACA are all there, including a good article on the creation and development of Fruit and Vegetable Dispute Resolution Corporation whose short form is DRC. Most companies involved in buying and selling must be licensed , which means companies which are involved in wholesale process of buying and selling one ton of produce , or more in any particular day should have the proper license in place. When a produce crosses a state line at some point in its commercial life is involved in what can be said as “interstate commerce”. This activity also requires a proper license as laid down by PACA law. If according to PACA guidelines a company should be having a license but is yet to procure one, then they are send a notice or a letter advising them to get the license or provide an explanation as to why they don’t need one. rnFew exceptions are there like retailers and growers, who buy less than $230,000 per annum, independent agents who are frozen food brokers and sell per year less than $230,000 of produce, and processors who purchase the produce for dealing out exclusively within the state in which it is grown. Restaurants also come under this purview. Only potato processors are excluded. By obtaining a license a company is subject to all PACA law and rules. As explained under The PACA Trust, obtaining a PACA license has the advantage that a licensee more effortlessly conserves its trust rights by using its invoices. Those farmers who do not sell produce for others, and sell only their own does not require a PACA license. But as set by PACA law those farmers who generally grow produce in one entity and sell it to another, with separate sale companies must possess a PACA license. About all kinds of produces are covered by the PACA. All transactions related to fresh and frozen products come under the rules and regulations of the PACA laws.

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About the Author

The writer of this article Jonathan Bodner, has been in the business of agricultural products and firming, and has at length researched the PACA laws which are applicable in his line of business.