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Overview of PACA

• Overview of PACA
• The PACA Division
• PACA and Produce Industry Websites

Licensing

• Who Needs a License?
• Operating Without a License
• Obtaining a License
• License Fees
• Return or Denial of License Application
• Licensing Ruses
• Reporting Company Changes
• License Renewal and Termination

Prohibited Conduct and Enforcement Actions

• Prohibited Conduct
  • Operating Without A License
  • Unfair Activities
  • Rebates
  • Commercial Bribery
  • Failing To Pay or Paying Slowly
  • Failing to Maintain the Trust
  • Using Disapproved Trade Name
  • Employing Restricted Persons
  • Failing To Maintain Records
  • Refusing To Allow PACA to Review Records
  • Misbranding
  • Altering Inspection Certificates
• Enforcement Action
• Investigations
  • How an Investigation Begins
  • Notifying the Produce Company of the Investigation
  • What To Do If Notified Of An Investigation
  • What Records Can PACA Obtain
  • Talking With Investigators
  • Failing To Cooperate With An Investigation
• Disciplinary Complaints
  • Disciplinary Complaint and Answer
  • Hearing
  • The Decision
  • Sanctions
  • Revocation
  • Suspension
  • Fines
  • Publication
  • Appeal Rights
• Responsibly Connected Cases
  • Who Is Responsibly Connected
  • Responsibly Connected Defenses
  • Challenging a Responsibly Connected Determination
  • Responsibly Connected Restrictions
  • Employment Restrictions
  • Licensing Restrictions
  • Working When Prohibited
  • Hiring a Restricted Person
• Bonds
  • Employee Bond
  • Licensee Bond

The Trust

• Preserving Trust Rights
  • Paper Invoicing
  • Electronic Invoicing
• The Trust Notice Method
• Payment Terms
  • At The Time of the Deal
  • After a Failure to Pay
• Collecting Under The Trust
  • Assets in the Trust
  • Individual Liability
  • Bank and Factor Liability
  • Restaurants
• Form: Trust Notice for Non-Licensees

Disputes

• PACA Reparation Cases
• DRC
• Courts

Contracts

• Rejection by a Buyer
  
• Acceptance and Breach
  
• Failing to Deliver by a Seller
  
• Refusing to Accept Product by a Buyer
  
• Failing to Pay During a Long-Term Contract
  
• Cashing a Full Satisfaction Check
  
• Brokers’ Duties
  
• Grower Agents’ Duties

Common Sales and Payment Terms

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