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Spring/Summer 2012 

Partnering To Strengthen the U.S. Produce Industry 

Robert C. Keeney 

We at the AMS Fruit and Vegetable 

Program work every day to provide 

the practical tools and resources you 

need to conduct business in a challenging environment. But, we can’t 

do it alone. Each day, we proudly 

partner with produce industry groups, 

universities, and government agencies to support you on a local, regional, national, and global basis. 

We work with industry organizations 

to overcome marketing barriers here 

and overseas to increase consumption of your products. We work with 

U.S. and international governments 

to help establish protections as you 

sell your products in the global marketplace. Here are a few of the ways 

we are working with our public and 

private-sector partners to help you 

succeed in today’s dynamic marketplace. 

Fruit and Vegetable Dispute 

Resolution Corporation (DRC). 

Produce trade among the United 

States, Canada, and Mexico has 

expanded greatly over the last few 

years, thanks in large part to the 

implementation of the North American Free Trade Agreement 

(NAFTA). This growth in trade has, 

unfortunately, been accompanied by 

an increase in disputes about a variety of issues, from product quality to 

breach of contract and other disagreements. These disputes hindered your business and highlighted 

the need for a dispute resolution 

program similar in purpose and 

strength to the one USDA administers under the Perishable Agricultural 

Commodities Act 

(PACA). 

 In 2000, we 

worked with Canada 

and Mexico to establish the DRC. This 

private commercial 

dispute resolution 

body was developed to help settle 

disputes between companies engaged in cross-border trade. The 

DRC has helped to resolve disputes, 

but U.S. companies selling produce 

to Canada and Mexico still lack financial protections similar to those available under PACA. 

Continued, 

see Partnering on page 4. 

In This Issue 

Helping To Feed America’s Heroes 

An Ounce of Prevention 

Introducing a New Webinar Series 

Additional Resources for the Produce Industry 
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Helping To Feed America's Heroes 

Richard Boyd 

You may know AMS Fruit and Vegetable Program for our inspection, grading, 

and other services and the resources we provide to support the marketing of 

fresh and processed fruits and vegetables. Do you also know we work every 

day to help feed our country’s military heroes? 

 For more than 30 years, our Processed Products Division (PPD) Operational Rations inspection team has been partnering with the U.S. Department of 

Defense (DoD) to ensure that our military warfighters have a steady supply of 

safe, wholesome, and nutritious operational (i.e., combat) rations, including 

DoD’s flagship Meals Ready-to-Eat (MRE) ration. PPD inspectors evaluate 

and certify hundreds 

of food components 

produced by military 

contractors at more 

than a dozen plants 

around the United 

States and its Territories. Our inspectors 

serve as DoD’s inplant Government 

quality assurance representatives, verifying that daily production meets military requirements. 

Among their many duties, PPD inspectors monitor plant sanitation and plant 

adherence to Good Manufacturing Practices; evaluate product quality and confirm compliance with DoD-approved standards; sample products for various 

nutritional and microbiological tests; and inspect and verify package integrity. 

The food items we inspect and certify are then shipped for assembly with other 

components into finished rations. 

 New items are continually being added to the various 

rations menus. PPD works with DoD during the development of new products and provides input on quality provisions, packaging requirements, and quality assurance protocols to ensure that the best quality products are being 

produced. 

 During times of increased military mobilization and 

surges in rations production, PPD has stepped up to provide increased inspection services. At peak periods, our 

inspectors have delivered uninterrupted inspections to support as much as a five-fold increase in production. 

Richard Boyd, Chief, Defense Contract Inspection Branch, Specialty 

Crop Inspection Division, can be reached at (202) 720-5021 or richard.boyd@ams.usda.gov.

Military Feeding Factoids 

 There are 24 different MRE menus! 

 The average MRE has 1,250 calories. 

 Three MRE meal bags serve 1 troop for 1 day. 

 An MRE has a 3-year shelf-life at 80o

 F. 

Additional 

Resources for the 

Produce Industry 

Web-Based Supply Chain 

Management 

If you are interested in selling produce to USDA’s National School 

Lunch Program, check out the information and online training resources available to help you navigate the new Web-Based Supply 

Chain Management (WBSCM) system. 

 WBSCM is a fully integrated, 

Web-based ordering and procurement system. WBSCM is home to 

all commodity orders, solicitations, 

bids, awards, deliveries, invoices, 

and payments, and all of our business partners in the commodity 

programs are required to use the 

system. 

 Additional information about 

WBSCM is available on the Commodity Procurement website

(http://1.usa. gov/IyBq2i). To learn 

about and register, click on Webbased training (http://1.usa.gov/

HAiReR).

Cover photo by Camknows. 
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An Ounce of Prevention 

Robert Parker 

My mother always used to say, “an ounce of prevention is worth a pound of 

cure.” That’s good advice to help prevent sickness but it’s also good advice 

for buying and selling produce. We are happy to introduce a new column 

about trading under the Perishable Agricultural Commodities Act (PACA) into 

this newsletter -- “The PACA’s Ounce of Prevention.” We have found that 

most of the problems fruit and vegetable traders experience on a daily basis 

involve 10 commodities. To help provide an ounce of prevention, we are going to talk about the commodities that are the most common cause of problems so you can keep your business healthy. 

 Talking about each of these commodities at one time may be more medicine than you want to take at one time. For that reason we are going to concentrate on the issues involving only one commodity at a time in an upcoming series of question-and-answer articles. 

We are going to kick-off the column with CUCUMBERS, so read on! 

Q. I called for an inspection on a load of cucumbers that I had specifically ordered as “Super Select.” When I received 

a copy of the inspection, it stated that the lot had “Failed to Grade U.S. No.1” and makes no mention of “Super Select.” 

A. The term “Super Select” is commonly used in conjunction with the sale of cucumbers. However, there is no uniformly accepted written definition of “Super Select.” AMS’ fresh products inspectors use standards for commodities 

that have been accepted by the industry. Standards for cucumbers can be found on our website (http://1.usa.gov/

HzPzgJ) for fresh fruit, vegetable, nut, and specialty crop grade standards. 

Q. If the inspection states “Fails to Grade U.S. No. 1,” the shipper has to grant me an adjustment, right? 

A. Not necessarily. Because you bought these cucumbers as “Super Select” under PACA, this transaction has a “nograde” contract and only considers the condition defects to determine if there is a breach of contract and allowable 

damages. In the event you ordered U.S. No.1 cucumbers and did not receive them, your recourse would be to hold 

the shipper liable for your provable damages. 

Q. What if the shipper and I agree on what constitutes a “Super Select cucumber”; can the AMS’ fresh products inspector perform an inspection based on our particular specifications? 

A. Absolutely. If you provide the inspector with clear specifications, then an inspection can be performed tailored to 

your individual requirements. 

 We hope this sheds some light on issues that come up frequently when buying or selling cucumbers. Of course 

you can always reach PACA at our customer service line at (800) 495-7222. Keep an eye out for the next dose of 

prevention for problems with a commonly traded commodity. 

Robert Parker, Assistant to the Chief, Dispute Resolution Branch, PACA Division, can be reached at 

(202) 720-2890 or robert.parker@ams.usda.gov

CUCUMBERS Peppers 

Asparagus Stone Fruit 

Lettuce Strawberries 

Onions Tomatoes 

Oranges Watermelons/

Cantaloupes 

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, 

disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, 

reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) 

Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact 

USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 

1400 Independence Avenue SW, Washington, D.C. 20250-9410, or call (800)795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal 

opportunity provider and employer. 
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Partnering, from page 1.

Recently, we partnered with Cornell University’s Charles H. Dyson School of 

Applied Economics and Management to conduct a study tracing the establishment and evolution of the DRC. The study’s purpose was to highlight lessons 

learned to better inform policymakers on the advantages and limitations of the 

privately run dispute resolution mechanisms. Cornell has completed its study, 

titled Origin, Creation, and Evolution of the Fruit and Vegetable Dispute Resolution Corporation. The full report is available for download (http://1.usa.gov/

IgFAs4). 

 Marketing Orders and Agreements, and Research and Promotion Programs. Partnering with industry groups, we help growers and handlers establish programs that allow them to combine resources to improve product marketing and overcome trade barriers. Currently, there are some 30 of these 

self-help programs in place. 

 Marketing Orders and Agreements: Handlers choose to operate under 

self-imposed rules to enhance the marketability of their commodity. These 

rules can provide for standardized packaging; minimum quality requirements; maximum quantity provisions; and industry-funded research, promotion, and advertising programs (http://1.usa.gov/Ilbzvx). 

 Research and Promotion: Industry participants choose to form generic 

programs that allow growers, handlers, importers, and others in the marketing chain to contribute resources for initiatives leading to increased 

consumer awareness of their product and, in turn, increased consumption 

(http://1.usa.gov/Hx8kAC). 

Our partnerships with these and other industry and educational groups help us 

further strengthen the U.S. produce industry as we provide healthy and tasty 

products to consumers here and abroad. Please contact me if you would like 

to hear more. 

Robert C. Keeney, Deputy Administrator of AMS’ Fruit and Vegetable Program, can be reached at robert.keeney@ams.usda.gov.

AMS Launches 

Fruit and 

Vegetable 

Webinar Series 

Christopher Purdy 

To better serve you, the Agricultural Marketing Service’s (AMS) Fruit 

and Vegetable Program is launching a new webinar series covering 

everything you want and need to 

know about our fruit and vegetable 

programs and services. We’re 

even putting names with faces and 

introducing you to our staff members who support you and your 

business! 

 We have the answers to many 

questions you have posed to us — 

Why should I get my fruits and vegetables inspected by AMS? How 

do I get an inspection? What kind 

of inspection should I get? What 

kind of quality monitoring programs 

and other customized services are 

available? How does the Perishable Agricultural Commodities Act 

impact me? How can I get the 

most from the fruit and vegetable 

market news reports? What is a marketing order and how will it benefit me? 

 These webinars have helpful tips and information for everyone involved in the fresh and processed produce marketing chain, including growers, packers, processors, wholesalers, distributors and retailers and restaurants of all sizes of 

operations, as well as representatives from academia and government. 

 Webinars are free, but registration is required. Visit our webpage (http://1.usa.gov/IgHBoa) for complete information 

on the webinars, including content, dates, times, bios on speakers, and online registration. If you missed a webinar, just 

visit our webinar archive (http://1.usa.gov/IrKanf) to watch it online. 

 Take a look at all we have to offer. We’ll see you online! 

Christopher Purdy, Business Development Specialist for AMS Fruit and Vegetable Program, can be reached at 

(202) 720-3209 or christopher.purdy@ams.usda.gov