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PACA trust destroyed by written agreement extending payment terms.(credit column)(Perishable Agricultural Commodities Act of 1930)

Business Credit

| April 01, 2008 | Nathan, Bruce | COPYRIGHT 2008 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

The Perishable Agricultural Commodities Act ("PACA") is a federal statute that creates special protections for sellers of fresh fruits and vegetables. Eligible produce sellers are the beneficiaries of a trust, consisting of all of the buyer's perishable agricultural commodities and all products and proceeds, that has priority over the rights of the buyer's secured and other creditors.

However, PACA rights are not automatic. A produce seller must comply with PACA's rigorous eligibility requirements to obtain the protections of the PACA trust. One of PACA's requirements precludes a produce seller from extending the buyer's payment obligations to more than 30 days ...

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