The National Agricultural Law Center
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Perishable Agricultural
Commodities Act (PACA)


Overview

The Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. §§ 499a-499t, was enacted in 1930 to regulate the marketing of perishable agricultural commodities in interstate and foreign commerce. The primary purposes of the PACA are to prevent unfair and fraudulent conduct in the marketing and selling of perishable agricultural commodities and to facilitate the orderly flow of perishable agricultural commodities in interstate and foreign commerce. The PACA is administered and regulated by the Agricultural Marketing Service, an agency within the USDA. Read the full overview.

Note: Recently added resources are posted at the top of the applicable sections.

Major Statutes

The Perishable Agricultural Commodities Act, 7 U.S.C. §§ 499a-499t

Regulations

Perishable Agricultural Commodities Act Regulations, 7 C.F.R. §§ 46.1-46.49
Rules of Practice for Reparation Proceedings, 7 C.F.R. §§ 47.1-47.49
Rules of Practice Governing Formal Adjudicatory Proceedings, 7 C.F.R. §§ 1.130-1.151
Federal Register Rules Open for Comment
Center published Federal Register Digest

Case Law

Case Law Index for Perishable Agricultural Commodities Act

Administrative Law Decisions

USDA, Office of the Administrative Law Judges
Summaries of USDA Judicial Officer Decisions
USDA National Appeals Division
List of Recent Disciplinary Decisions
Center published USDA Judicial Officer's Decisions

Center Research Publications

Perishable Agricultural Commodities Act Factsheet (Pittman, 2012)
Legal and Business Guide for Specialty Crop Producers (National AgLaw Center & U. AR Division of Agriculture)
Secured Lending in the Produce Industry: What Every Bank Should Know (Klinowski, 2009)
The PACA: The Statutory Trust and Its Application to Restaurants (Pittman, 2003)
PACA Roundup: A Review of Recent Cases (Pittman, 2003)

Congressional Research Service Reports

CRS Subject(s):
Farm Commodity Programs
Commodities

Agricultural Law Bibliography

Introduction   |   Keyword Search   |   Browse Categories

Legal publications on Perishable Agricultural Commodities:
Farm Labor
Farmer-Processor Bargaining - Production Contracts
Fruits and Vegetables - Perishable Agricultural Commodities
Pesticides, Herbicides, Insecticides, Fungicides, Fertilizers
Sustainable and Organic Farming

Reference Resources

Agricultural Marketing Service (AMS)
File a PACA Claim or Apply for a License
PACA Overview
PACA Frequently Asked Questions
PACA Good Delivery Guidelines
PACA Administrative Newsletter Archives
PACA Rulemaking
PACA Regulations
Disciplinary Rules of Practice
Disciplinary & "Reasonably Connected" Actions
Complaint Rules of Practice
Recent Complaint Decisions
Trust Protection
How to Preserve Trust Rights


Congressional Resources
Reports on PACA (Government Accountability Office)


Publications
Understanding Farmers' Rights to be Paid for Fruit and Vegetable Crops (FLAG, 2007)
Federal Law Protects Farmers' Rights to be Paid for Fruit and Vegetable Contracts (FLAG, 2007)
PACA and Bankruptcy (Bodoff, Bodoff & Salvitt, 2004)
In PACA We Trust: Commercial Protection of Suppliers Under PACA (redacted version)
(Chen, Harvard Law School, 2003)
PACA Rights Destroyed by Oral Agreement Extending Payment Terms (Nathan, Nat'l Assoc. of
Credit Management, 2004)
Recent PACA Decisions: A Mixed Bag for Creditors (Nathan, AllBusiness.com, 2003)
An Introduction to the Perishable Commodities Act (Keaton, 2003)
Let the Lender Beware: The Perishable Commodities Act (Secured Lender, 2002)
Perishable Commodities Act Legislation (Rutgers NJAES Cooperative Extension, 1995)
Preferences, Reclamation, and PACA in One Case: A Three Ring Circus
(Nathan, National Association of Credit Management, 2004)
Protection for Sellers of Perishable Agricultural Commodities: Reparation Proceedings and the Statutory Trust
Under the Perishable Commodities Act (Looney, 23 UC Davis Law Rev. 675, 1990)
Injunctive Relief Under the 1984 Amendments to the Perishable Agricultural Commodities Act:
A Necessary Means of Trust Enforcement (Rynn, 23 UC Davis Law Rev. 625, 1990)


Additional Resources
Perishable Agricultural Commodities Posts (United States Agricultural & Food Law and Policy Blog)


Recommended Readings and Publications (not freely available electronically):
A User's Guide to the PACA, (United Fresh Fruit and Vegetable Association, 1998)




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