What is PACA Act?

Bodner Law PLLC has been providing legal aid to producers and distributors of fresh fruits and vegetables throughout United States. This domain of business is covered by the Perishible Agricultural Commodities Act, otherwise known as PACA Law which applies to all dealings with a receiver, consignee, broker or buyer. Given the high level of contribution of the agricultural sector to the overall US economy, this food law overlooks the protection of rights and interests of all involved in compliance with

state and federal food laws.

Since this industry deals with perishable commodities and often vague invoices without all terms and conditions mentioned, the Produce law fills in for all the un-mentioned points and provides automatic terms to produce transactions. These terms apply even when the two involved parties have not explicitly agreed to these terms. 

The produce law has been framed by keeping in mind the interest of the monetary institutions who lend loan to the agricultural producers. For any traders in USA who are involved in buying, selling or dealing with fresh or frozen agricultural products must be aware of the ethics of PACA law to avoid litigations.

The scope of work under PACA law involves everything on legal advice and guidance involving day-to-day transactions along with solving legal disputes arising out of unique unforeseen scenarios in the food industry. Food Safety Lawyers provide legal assistance pertaining to adulteration and misbranding of food products and work for protecting the food rights of common US citizens. They also assist the corporate agricultural establishments in obtaining administrative and governmental approval for projects involving perishable agricultural commodities. Representing a vital part of federal legal system, these competent lawyers execute their responsibilities by catering valuable advice to the clients on the rules and regulations of PACA law and its impact on various aspects of commercial transaction.

Experienced attorneys from the legal firm represents manufacturers, distributors and retailers in the food, beverage and related industries in a wide variety of matters including Vendor Agreements, Food Safety Compliance, PACA litigation, Vendor disputes and Federal Food Security Act Litigation.

What is the Federal Food Security Act?

The Food Security Act of 1985 is designed to prevent the conversion of wetlands into non-wetland areas. All the features of the Act are alternatively also referred to as the “Swampbuster” provisions. While establishing a dairy herd buyout program, the act also provisioned for lower commodity prices and income support for farmers. 

The Federal farm program benefits are made inaccessible to farm producers who have converted wetlands into cultivable lands after December 23, 1985. Inadvertent violations were considered through the Food, Agriculture, Conservation, and Trade Act of 1990 where farmers gain access to all lost benefits if the converted wetlands are restored to original conditions.

                       

The Federal government is allowed to get into contracts with agricultural producers for removing highly erodible cropland from production in exchange for annual rentals. Wetlands, converted wetlands, highly erodible lands and agricultural lands are the natural resources governed by the Act.

The benefits denied to a producer, who has cultivated agricultural commodity on converted wetlands are as follows:

 commodity price support or production adjustment payments;

·         farm storage facility loans;

·         disaster payments;

·         payments for storage of grain owned or controlled by the Commodity Credit Corporation;

     Federal crop insurance; and

 FMHA loans

For better details on Food Safety Laws you can visit reputed law farms dealing in Food Law who can provide you with highly efficient food lawyers to advice you on your legal issues..

Bankruptcy and Attorneys - Part 1

Amongst bankruptcies, debtors usually opt for Chapter 7 and Chapter 13 bankruptcies, since they provide the maximum benefits. Bankruptcy is a process, which involves litigation and lawyers and courts. The process can be trying, and it is important to expedite the legal option to avail the maximum benefit. That is where the problem comes in. Individuals do not have enough experience or the expertise to conduct the process on own. Special help is needed. So debtors hire specialists who have the background, and the expertise to deal with bankruptcy courts. Individuals who can represent the respondents and avail a favorable result. Bankruptcy attorneys are such experts. Bankruptcy lawyers help to get debt relief, and provide valuable information, services, as well as advice to help the debtor find beneficial financial options. The part one of this article provides some general information pertaining to bankruptcy and bankruptcy lawyer.

Bankruptcy

The bankruptcy process can be briefly described as a special legal proceeding in which an exclusive court undertakes, and administers the fixed, as well as movable assets of a debtor for the benefit of the creditors. Typically a debtor, or any person or business, who is indebted and owes money to others, can choose to file for bankruptcy proceedings, so as to solve a financial situation involving a debt condition which is out of control, or alternately to prevent recovery of debts for a certain period of time, during which the individual or the business can make arrangements to repay the debt.

Bankruptcy legalities

The United States Constitution provides powers to the Congress to draft and execute laws and acts related to bankruptcy and bankruptcy related issues as per Section 8 of Article 1. Based upon this empowerment, the Congress passed the "Bankruptcy Code" in the year 1978. The act or the code has been amended several times over the decades, as per the changes taking place in the financial market, and the redemption capacity of the debtors. The actual procedure is governed by the body known as the Federal Rules of Bankruptcy Procedure. The body has set up special courts to deal with bankruptcy issues, as well as litigations. The courts are popularly known as bankruptcy courts. These courts operate depending upon their jurisdictions. The Federal body has set up official proceedings and working guidelines for these courts. There are rules dealing with various aspects of bankruptcy. The rules are specially created so the litigations can be carried out in an effective manner between individuals and business concerns. From the functioning point of view, bankruptcy courts are appointed for each judicial district within the state. And litigations, as well as legal procedures are carried out with the litigants based upon the particular area or location of the registered business. All decision relating to the legal proceedings are taken by the judge, and he or she has several officers to aid the legal work. The majority of the bankruptcy litigations are administrative in nature, and are often conducted outside the court premises. In case of special chapters and issues such as Chapter 7, Chapter 11, Chapter 12, and Chapter 13, the administrative procedures are handled by a trustee appointed by the court to overlook the particular case.

Kinds of bankruptcy

As per the constitution, the Federal Rules of Bankruptcy Procedure offers five basic types of facilities, or clauses, under which an individual or a company can file for bankruptcy. The clauses or facilities are referred to as chapters. As per the Federal bankruptcy law, the different chapters are briefly explained as follows:

* Chapter 7 - Straight Bankruptcy

This chapter involves proceedings and litigations, which result into complete or total liquidation of the debtor's assets.

* Chapter 9

Provides a special provision through which municipal bodies and governments can file for bankruptcy.

* Chapter 11 - Business Bankruptcy

This option is generally preferred by consumer debtors, but does not provide any special advantages as compared to Chapter 7 or Chapter 13.

* Chapter 12 - Family Farm Bankruptcy

This chapter is suitable for family farms related debts and bankruptcies. For further information, one should check out the Agricultural Law Act: Family Farm Bankruptcy.

* Chapter 13 - Wage Earner Bankruptcy

This chapter helps to make the payments of debts in accordance to a repayment plan.

Finding bankruptcy attorneys

It is important to find the right kind of attorney to represent you in your bankruptcy issues. Finding the correct person is important since your financial and social future rests on this person. The first thing is to find the attorney. This is how one can do it.

* Looking up in yellow pages

The yellow pages provide a valuable, as well as a helpful source for finding bankruptcy lawyers specializing in various fields and debt conditions. Attorneys are generally categorized according to their particular field of specialization. It is recommended to check out the sub-heading of Bankruptcy Attorneys which provides a list of specialized attorneys who can possibly help you out.

* Recommendations

There is another way to find a qualified and reputed bankruptcy attorney. It is by a referral from other lawyers, as well as banking experts, who are working in and familiar with the field. In case you know some attorneys, it is possible for them to provide a few helpful recommendations.

* Ask the family and friends

Attorneys are bound by a confidentiality clause, which prevents them from sharing or advertising their past litigations and cases with the masses, and also restrains them from advertising them openly to bring in business. So it is advisable to discuss your problems with a few trusted clients who have faced bankruptcy issues, and get their opinion as to which attorney is good and in what field or issue. Past clients are the best option for reliable as well as effective sources of information, since they have experienced the situation first hand, and know all the pros and cons. Alternatively one can also discuss the issue with family members, relatives, and friends, and find out what they have to say. It can be surprising to know that some of the most practical and beneficial solutions can be obtained by merely talking to people, and find out what they have to say, and what they feel about how the problem should be dealt with.

Bankruptcy Only is a nationwide network of bankruptcy attorneys [https://www.bodnerlawpllc.com/] and Internet professionals who are ready to assist you immediately. He will be able to determine your eligibility and tell if you are better suited for a Chapter 7 Bankruptcy, or a Chapter 13

Implementation of Food Laws to Ensure Food Safety

Food is governed and regulated by a complexity of food laws and regulations which can be implemented in all food processing units by the following processes:

Pest Control

Pest control plays an important role in food safety. Insects like flies and cockroaches are extremely troublesome and can contaminate food production and cause food borne diseases. Pest control monitoring and detection can prevent these pests from entering in food processing plants and establishments.

Cleaning and Disinfection

Implementation of food laws can be achieved by establishing disinfection programs such as proper disinfection and cleaning of food preparation areas. Proper cleaning of utensils, equipments and machineries in food processing plants can correct hygiene standards, eliminate food borne pathogens and reduce the risk of food borne diseases. 

Waste Management

Food waste attracts pests and food borne pathogens and thus causes food contamination. Food production units and food processing plants must have proper equipments to manage solid and liquid wastes and should maintain regular garbage collection and waste disposal and management. By ensuring such waste disposal procedures, food processing plants can reduce the risk of pest contamination and improve food safety compliance.

• Effective rules for waste disposal include:
• Removal of food scrapes on a daily basis
• Arranging garbage collection regularly.
• Don't allow waste to overflow from garbage bins.
• Clean dustbins and garbage containers daily.
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• Use garbage liners for dustbins and garbage containers and keep their lids tightly closed.
• 
  
• Use separate containers for disposal of dangerous objects like syringes.
• 
  
• Refrigerate food scraps during winters to prevent harmful bacteria from growing.
• 
  
• Finally, always wash hands after handling dustbins and garbage bins.

Maintenance of Machinery and Fixtures

Rodents like rats and mice cause serious damage to machines and fixtures and contaminate components having direct contact with the food products. Therefore, proactive maintenance of food processing equipments and machineries is extremely important for production of safe food products.

Maintaining Personal Hygiene

Food handling businesses and food production plants must implement food safety laws by considering the following factors:

• Hand Washing: ensure proper hand washing techniques are followed especially before preparing or handling food items.
• 
  
• Minimize direct contact with food items. Use safe disposable gloves and change them on a regular basis.
• 
  
• Maintain personal cleanliness. Do not wear jewelry, earrings, rings, tie back or cover hair, cover cuts or sores with wound strip or waterproof bandages, never cough or sneeze over food.
• 
  
• Wear clean and protective clothing like apron and handle equipments appropriately to prevent cross contamination.
• 
  
• Contact supervisor if any staff feel unwell and exclude them from handling food.

·  

Staff Training

Staffs should be educated about the different food safety and hygiene practices including:

• ·        Hand hygiene practices
• ·        Safe food handling practices
• ·        Safe food storage practices
• ·        Cleaning and disinfection practices
• ·        Personal hygiene practices

Responsibilities of Business Litigation Lawyers

Business litigation lawyers are legal experts who represent and defend companies charged for financial disputes and other kinds of delinquency. Claim towards the compensation is usually attained by a series of legal proceedings through Business litigation. In business litigation, an accuser is a complainant and an accused in a litigant. Business litigation attorneys carry out preliminary case investigation and assessment. Business litigation lawyers look into the different cases and investigate its merits to see if the case warrants a lawsuit for a plaintiff. Similarly for defendants, they look for sufficient evidences against their clients in order to find possible ways to defend them.

The whole process involves the following:

· Writing down the statements given by the different witnesses regarding different cases

· Gathering different documents relevant to the case

· Looking for credible witnesses capable of withstanding the rigors of trial.

· Interviewing the company executives.

· Finding out the different factors that created or caused the dispute.

Business litigation lawyers represent companies and organization’s interest in financial disputes. The first things that every business litigation lawyer do is analyze and investigate the cases thoroughly. The companies are required to answer questions related to the case and they are also asked to provide proof that could help the litigation attorneys understand how to precede further in the case. The primary role of a business litigation lawyer is to choose the best legal option which could minimize all financial risks. By estimating the claim potential, business litigation lawyers tell whether it is best to go for an out of court settlement or to go for a court lawsuit. In case the claim potential is not sufficient, the business litigation lawyer can try for an out of court settlement. A series of motions or written requests and pleadings are registered with the court for the defendant and the plaintiff before a matter is heard in the court.

So, the business litigation lawyers handle all legal matters starting from proof gathering to actual lawsuit filing.

Some of the important duties all business litigations have to undertake include:

· Analyze and investigate the initial case

· Draft the necessary pleadings and motions

· Formulate the necessary responses to other party’s complaints

· Exchange necessary information with other parties during the discovery process

· Prepare necessary documents required for the court case

· Choose the best strategy based on the evidences

· Present the case

· Negotiate with other parties during settlement

· Appeal the case when negotiation fails

What Does A Business Transactional Lawyer Do?

Business transactional lawyers are flexible and knowledgeable problem solvers who help business owners with the legal aspects of complex transactions. Business transactional attorneys have proficiency in corporate and partnership law, commercial law, contract law, securities regulation, financial planning and bankruptcy and are skilled in drafting and negotiating legal agreements. They are expert in communicating clearly with prospective clients and creative in solving their problems.

Business transactional lawyers are engineers of the legal system who help business owners by drafting contracts and building business entities. They help businesses in arranging finances, designing strategies and navigating different business regulations. Business transactional lawyers counsel business organizations on different legal issues generated from different business dealings.

Business transactional lawyers make their clients understand the different problems they are facing currently or problems they might face in the near future. Business transactional attorneys assist businesses in negotiating and drafting business contracts, advising them about the different compliance matters, helping them to file forms required for legal purposes such as tax exemption applications, counseling them on licensing matters, intellectual property, or real estate.

Business Transactional lawyers help business owners with the following issues and problems:

Starting a business:

Businesses face a lot of confusion while choosing between an S Corp, an LLC or other business types. Any wrong decision taken by businesses often becomes incredibly costly to fix. Transactional lawyers help them to make the right decision.

Writing contracts- Business transactional lawyers help businesses in drafting forms or contracts to meet their specific needs.

Disputes in Contracts/Breach in Contracts-

Business transactional lawyers advocate and negotiate on behalf of business owners in different situations such as when a contract is disputed, or when prospective clients are not paying etc.

Resolving business issues and claims-

Businesses can run into serious problems anytime related to discrimination, sexual harassment, workplace safety, disability, sick leaves etc. Business transactional lawyers help businesses by educating them about the different laws and practices applicable during those situations and represent them when such situation arises.

Compliance and Risk Management-

Business transactional lawyers advise businesses about the different compliance issues and develop different systems that monitor such issues and minimize risk.

Property and Real Estate Disputes

Business owners need the assistance of business transactional lawyers during owning a new property or leasing it. Business transactional attorneys help them in negotiating lease and sales by navigating confusing and complex real estate laws.

Understanding The Basics Of The Different Food Safety Laws And Its Requirements

In an efficient food control system, national legal frameworks are the key pillar. Food is governed in all nations by a number of laws and regulations that set out the demands of the governing body to be met by food chain operators to ensure that the food produced is of adequate quality and is safe and secure for consumption.

"Food law" applies to legislation regulating the manufacturing, trade and handling of food and therefore includes the regulation of food control, food safety and appropriate aspects of trade in food. Few quality requirements are incorporated in the food law to ensure that the food produced is unadulterated and is not subjected to fraudulent practices aimed at deceiving the consumer. Food safety laws cover the entire process starting with provisions for animal feed and on farm controls, food production and processing, final distribution and consumption by the consumers.

As per the food safety laws, food manufacturers must essentially ensure that their products are safe for consumption and will not make people ill. In order to safeguard consumer health, food manufacturing companies must incorporate a food safety plan to meet the different foodsafety laws and regulations. They need to formulate a food safety plan in line with HACCP which stands for Hazard Analysis Critical Control Point with which they can carry out necessary measures concerning:

·      Personal hygiene of their staff

·      Maintaining hygiene during the transportation and distribution of raw materials such as milk packets or containers.

·      Method by which the food products are processed or treated such as using clean equipments to cut bread.

·      Ways by which food products are packaged and labeled.

·      Ways by which the food products manufactured are stored.

The different food safety responsibilities every business should take:

·      All food manufacturing businesses must ensure that the foods manufactured are safe and secure to eat.

·      They should ensure that the food items they produce are not treated in a way that could make them harmful for consumption.

·      They should ensure that fish and other livestock are safely harvested, contain safe ingredients and are free of harmful pathogens.

·      Every food manufacturing business or company should display the food hygiene rating.

·      They should inform the higher authority in case they discover traces of undesirable substances such as pesticide residues, toxic moulds, or harmful bacteria like listeria in the food items.

·      They should withdraw or destroy any unsafe food immediately and report people why the food has been withdrawn through a poster or leaflet.

·      It is very important for the different food manufacturing units to include information about the different additives being added to the food products and should ensure that the additive must not exceed the maximum permitted limit.

·      It is extremely important for all food manufacturing units to maintain accurate records of what they do on a daily basis including ordering histories, task checklists, temperature logs etc.