In the December 14, 2016, Federal Register, USDA's Agricultural Marketing Service ("AMS") issued a proposed rule to amend the regulations under the Perishable Agricultural Commodities Act ("PACA") to enhance clarity and improve administration and enforcement. Specifically, the proposed revisions to the regulations would provide greater direction to industry on how growers and other principals that employ selling agents may preserve their PACA trust rights. The proposed revisions would further provide greater direction to industry on the definition of "written notification" and the jurisdiction of USDA to investigate alleged PACA violations. Comments are due February 13, 2017.
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