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Introduction
The Perishable Agricultural Commodities Act ("PACA") is a federal statute that creates special protections for suppliers of perishable agricultural commodities. An unpaid supplier of perishable agricultural commodities that satisfies all of the PACA requirements is the beneficiary of a statutory trust on all perishable agricultural commodity produce sold to the buyer (whether by that supplier or other PACA suppliers) and all proceeds.
PACA sellers have superior claims to the buyer's perishable agricultural commodity inventory over the rights of all other creditors of the buyer, including creditors with a security interest in the buyer's ...