Monthly Archives: September 2012

Jason Klinowski Published in Food Safety Magazine

The September 2012 edition of Food Safety Magazine’s eDigest includes a Food Safety Modernization Act (“FSMA”) Update Article that I co-authored along with John Shapiro.

Please see a link to the article below:

FSMA Legislative Update

This article discusses the Food and Drug Administration (FDA)’s second annual report on the roll out of the Food Safety Modernization Act (FSMA) and illustrated how the report did not mention the FDA’s failure to promulgate five important regulations during 2012.

Along this same line, we discussed the Center for Food Safety and the Center for Environmental Health’s August 29, 2012 civil action against certain governmental agencies and officers to enforce the FSMA and to compel the promulgation of certain key regulations.

Jason Klinowski Speaks at the 13th Annual Illinois Food Safety Symposium

On September 19, 2012, Jason Klinowski addressed the 240+ attendees of the 13th Annual Illinois Food Safety Symposium, which was held in Bloomington, IL.

During his presentation, Jason Klinowski addressed the issue of whether a health department could recoup the costs it incurs responding to a foodborne illness outbreak in light of the department’s statutory duty to respond and to protect the public health.  The presentation looked at both the legal theories for recovery and the practical considerations (pros & cons) of such litigation.

This event was co-sponsored by the Illinois Department of Public Health and the Illinois Public Health Association.  A special thanks goes out to Kevin Dreesman of the Illinois Department of Health for organizing this event and for inviting me to address its attendees.

Jason Klinowski – Panelist at Turnaround Management Association Event

On Friday, September 21, 2012, Jason Klinowski served as one of five panel speakers at the Turnaround Management Association’s “Trying to Stay Healthy in a Distasteful Economy” Breakfast Forum Event, which was held at The Standard Club.  During this event, Jason discussed the Perishable Agricultural Commodities Act and the Food Safety Modernization Act in order to illustrate some of the challenges they present to the food & agribusiness industries.

Tyler Mayoras of O’Keefe & Associates moderated the panel, which consisted of: Wayne Carpenter (Managing Director of Lake Pacific Partners), Ed Cooper (Senior Vice President of Wells Fargo’s Food & Agribusiness Office), Justin Segel (CEO of American Pasteurization Company), Jason Klinowski (Agricultural & Food Law attorney at Freeborn & Peters) and Troy Terwilliger (CFO of Graceland Fruit).

PACA Trust Litigation Alert

PACA Trust Litigation Alert

PACA Trust Litigation Alert

On September 7, 2012, a civil action was filed in New York against Maxsun Produce Corporation in an effort to collect approximately $291,390.00 in an alleged PACA trust debt.

On September 19, 2012, a civil action was filed in Arizona against Arizona Marketing Produce Distributors, Inc. in an effort to collect approximately $111,740.00 in alleged PACA trust debt.

On September 20, 2012, a civil action was filed in Florida against Florida European Export-Import Co., Inc. in an effort to collect approximately $36,660.00 in alleged PACA trust debt. 

On September 20, 2012, another civil action was filed in New York against Maxsun Produce Corporation in an effort to collect approximately $71,200.00 in an alleged PACA trust debt.

On September 20, 2012, a civil action was filed in New York against Illinois Trading Co. in an effort to collect approximately $319,760.00 in an alleged PACA trust debt.

Please check your A/R to see if these cases affect you.  If they do, please do not wait to assert your rights.

PACA Trust Litigation Alert

PACA Trust Litigation Alert

PACA Trust Litigation Alert

On August 28, 2012, a civil action was filed in California against Koshan, Inc. d/b/a Payless Foods and d/b/a Bargain Foods in an effort to collect approximately $421,500.00 in an alleged PACA trust debt.

On August 24, 2012, a civil action was filed in New Jersey against Amazon Produce Network LLC in an effort to collect approximately $437,800.00 in alleged PACA trust debt.

On August 21, 2012, a civil action was filed in Maryland against Tree House Produce, Inc. in an effort to collect approximately $140,000.00 in alleged PACA trust debt.  A temporary restraining order was recently entered in this case.

On August 9, 2012, a civil action was filed in California against Inglewood Unified School District in an effort to collect approximately $36,300.00 in an alleged PACA trust debt.

On August 6, 2012, a civil action was filed in Massachusetts against Vetsource Solutions LLC in an effort to collect approximately $26,900.00 in an alleged PACA trust debt.

Please check your A/R to see if these cases affect you.  If they do, please do not wait to assert your rights.