Check whether a produce business needs a PACA license

Key facts

Human involvement
YellowClose supervision
How AI is used
Extract whether the person buys or sells fresh or frozen fruits or vegetables, the pounds in a day, whether the person negotiates sales for someone else, and any calendar-year invoice total for a frozen-only broker or a retailer. Do not decide that a license is required, and do not complete an application.
What the lawyer must review
The USDA Agricultural Marketing Service licensing page states that a person who buys or sells more than 2,000 pounds of fresh or frozen fruits and vegetables in any given day must be licensed. A person who negotiates a sale for someone else must be licensed on the first transaction and may be a commission merchant, broker, or growers' agent. A broker who handles only frozen fruits and vegetables is not subject until the invoice value of total negotiated sales exceeds $230,000 in a calendar year. A retail seller is subject once the invoice cost of fresh and frozen purchases exceeds $230,000 in a calendar year. Knowing operation without a license may bring a penalty of up to $1,200 for each violation and up to $350 for each day the violation continues. The page states license fees as of 2010: a base annual fee of $995 plus $600 for each branch or additional facility, with aggregate annual fees not to exceed $8,000. The lawyer treats the 2010 fees as a dated statement and checks the current fee. The trust page is the companion source on the trust a licensee maintains. ABA Model Rules 1.1 and 5.3 and Formal Opinion 512 leave the licensing decision with the lawyer.
Written for / version
United States versionUS

Who does what

Who does what
RoleWhat they do
AssistancePotential support includes extracting and organising information. Confirm the tool’s capability and permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Confirm the appropriate instructions, permissions and cultural context with the relevant people before using information or communicating the result.
  2. Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
  3. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  4. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

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