You've just learned a produce company that owes you $500,000 for purchased produce has gone belly-up.  There's a shortfall and the company has insufficient PACA trust assets to pay you and other PACA creditors in full.  Are you out of luck for the balance due, or are there other avenues of recovery?

PACA Regulations become final, effective April 13, 2011.
April 13, 2011 - New PACA Regulation takes effect allowing for post-default payment plans without jeopardizing a supplier's PACA trust eligiliblity.  Last year, the USDA issued an initial proposed version of the new regulation, but Rynn & Janowsky attorneys and others in the industry were concerned that some of the language in the initial version would lead to uncertainty and future litigation regarding how it should be interpreted.  Consequently, Patricia Rynn submitted the first comment to the Secretary of Agriculture on behalf of the firm's clients suggesting modifications to the wording of the new regulation which would hopefully prevent any misinterpretations.  The Secretary recognized Ms. Rynn's contributions and included her recommended changes into the final language of the revised regulations.

Click here to read the full language of the new PACA Regulation >

Click here to read the Agricultural Law Alert "New PACA Regulation Allows for Post-Default Payment Plans Without Jeopardizing a Supplier's PACA Trust Eligibility" > 

 

The Canadian Food Inspection Agency ("CFIA") announces implementation of new requirements for importing fresh fruits and vegetables, effective December 1, 2010. 
October 2010 - The first of these requirements mandates that all Canadian purchasers of fresh fruits and vegetables be licensed under either the CFIA or the DRC and that the license number be included on the import Confirmation of Sale.  The remaining new requirements affect the import of Mexican cantaloupes and California leafy greens. 

Read more here (click) >

Court Legitimizes Price After Sale ("PAS") Transactions and Rules That PAS Transactions Are Not The Same As Consignment Sales.
June 2010 - Rynn & Janowsky, LLP partner Lewis Janowsky successfully defended terminal market receivers who purchased produce on price after sale (“PAS”) terms from allegations that those purchases were actually consignment sales and that the receivers were commission merchants owing fiduciary duties to the grower. In this case, the first of its kind in California, the court ruled that price after sale transactions are legitimate transactions under California law and not subject to the same requirements under state law as consignment merchants. “In my view, I think it is a good decision for wholesalers and businesses on the terminal market generally,” said Mr. Janowsky.

Read more here (click) >

Enhancing Our Brand
Rynn and Janowsky’s website and logo recently got an update thanks to the design and marketing expertise of WollnerStudios. The firm has grown and evolved over the years, and it was time for a new look that reflected those changes as well. Accordingly, Wollner provided a comprehensive design solution that brings a fresh perspective and new aesthetic to represent the relaxed yet professional environment that has helped us succeed.