Professional Membership
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PACA
In re Country Harvest Buffet Restaurants, Inc., 245 B.R. 650 (9th Cir. B.A.P. 2000)
Restaurant chain qualifies as "dealer" for purposes of PACA trust provisions
In re Altabon Foods, Inc., 998 F.2d 718 (9th Cir. 1993)
1) Pursuant to the PACA, the Secretary promulgated a regulation limiting trust coverage
for private agreements to those which allowed no more than 30 days for payment
2) The PACA was silent on whether the Secretary could establish a maximum payment
period for private agreements, but the legislative history made clear that Congress intended that the
Secretary should do so.
3) That history also suggested that 30 days was a reasonable choice in light of the standards
and practices of the produce industry
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