7 C.F.R. § 46.22

Accounting for dumped produce

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A clear and complete record shall be maintained showing justification for dumping of produce received on joint account, on consignment, or handled for or on behalf of another person if any portion of such produce regardless of percentage cannot be sold due to poor condition or is lost through re-sorting or reconditioning. In addition to the foregoing, if five percent or more of a shipment is dumped, an official certificate, or other adequate evidence, shall be obtained to prove the produce was actually without commercial value, unless there is a specific agreement to the contrary between the parties. The original certificate or other adequate evidence justifying dumping shall be forwarded to the consignor or joint account partner with the accounting and a copy shall be retained by the receiver.

Notes of Decisions

Cited in 6 cases, 1984–2006 · leading case: Tom Lange Co., Inc. v. A. Gagliano Co., Inc., 61 F.3d 1305 (7th Cir. 1995).

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Tom Lange Co., Inc. v. A. Gagliano Co., Inc., 61 F.3d 1305 (7th Cir. 1995). · cites it 7× “Gagliano moved for reconsideration on the ground that 7 C.F.R. §§ 46.22 and 46.23 did not apply to price after sale transactions.”

Genecco Produce, Inc. v. Sandia Depot, Inc., 386 F. Supp. 2d 165 (W.D.N.Y. 2005). · cites it 2× “However, the Secretary found that Genecco failed to establish the necessity of dumping the entire load as required by 7 C.F.R. § 46.22 . 1 Invoice 5892 involved the sale of 40,498 pounds of watermelons for an invoice price of $8,099.”

Wilson v. Burch Farms, Inc., 627 S.E.2d 249 (N.C. Ct. App. 2006). “§ 499b(3) (2005), 7 C.F.R. 46.22 (2005), and 7 C.F.R. 46.23 (2005).”

Combined Prof'l Resources, Inc. v. Limeco, Inc., 801 F. Supp. 664 (S.D. Fla. 1992). “7 C.F.R. § 46.22 . The regulation further requires a dump certificate when five percent or more of a shipment is dumped.”

Georgia Vegetable Co., Inc. v. Joseph A. Relan, D/B/A Relan Produce Farms, 731 F.2d 798 (11th Cir. 1984). “If five percent or more of a shipment is dumped an official certificate, or other adequate evidence, shall be obtained to prove the product was actually without commercial value, unless there is a specific agreement to the contrary between the parties.”

Tom Lange Co. v. A. Gagliano Co., 859 F. Supp. 356 (E.D. Wis. 1994). “§ 499f and 499g, applied 7 C.F.R. §§ 46.22 and 46.23 2 to the facts at bar, and found that a “price after sale” contract for the lettuce in question existed and that Gagli-ano failed to meet the dumping requirements for that lettuce found in § 46.”

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