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Battered and coated French fries as a fresh vegetable eligible for PACA protection: are you kidding?(Credit Column)(Perishable Agricultural Commodities Act )

Business Credit

| November 01, 2004 | Nathan, Bruce S. | COPYRIGHT 2004 National Association of Credit Management. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

INTRODUCTION

The Perishable Agricultural Commodities Act ("PACA") grants preferred trust fund protection to eligible unpaid sellers and suppliers of perishable agricultural commodities. If the buyer of perishable agricultural commodities files bankruptcy, eligible unpaid sellers and suppliers are entitled to full payment of their PACA trust claims ahead of the claims of the secured and unsecured creditors.

PACA defines "perishable agricultural commodities" as fresh fruits and vegetables of every kind and character, whether or not frozen or packed in ice. However, PACA does not elaborate further on the meaning of "fresh fruits and vegetables". Congress ...

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