What commodities are covered under PACA?
The PACA statute defines perishable agricultural commodities as fresh fruits and vegetables of every kind and character, whether or not frozen or packed in brine. A United States District Court Judge in Kansas City ruled that nuts are perishable agricultural commodities. Other courts have held that PACA only covers products that have been subject to very minimal processing which does not transform them into different goods and contain more than 90% fruits or vegetables. Dried prunes and apricots have been found not to be perishable agricultural commodities.
