Dock to Dock: Produce under protest

The Problem– When we receive product under protest, do we always need a USDA inspection certificate to support a claim against a carrier?

The Key Point– A government inspection is usually recommended or required to support a claim.

The Solution– After receiving a trouble load, call for a government inspection if there’s any doubt as to whether it will be needed. Do not rely solely on pictures.

Q: We’re a produce receiver on the West Coast and presently reviewing our practices for receiving distressed produce loads. Can we still pursue a carrier claim involving produce without a USDA inspection certificate? We’re trying to be very thorough, but at the same time we’re trying to avoid adding unnecessary steps to our operations. If we can streamline our receiving process by taking several photographs, we would like to do so.

A: After receiving a shipment of produce, a government inspection certificate quantifying the extent of damage to the produce is often required to support a claim as to the amount of financial damages resulting from a carrier’s failure to maintain temperatures in transit.

A government inspection certificate may also help prove a breach of the contract of carriage. For example, an inspection taken while the product was still in the trailer might show that freezing likely occurred after packing and in the present location. 

There are, however, some types of claims, such as those for missing product or late deliveries (where damages may be based on market decline rather than product deterioration) that may be fully supported without the time and expense of calling for a government inspection.

But for most other types of claims, including temperature claims, a government inspection is a key piece of evidence needed to establish the extent of damage claimed.

With respect to pictures, it’s important to note they do not usually quantify the extent of damage affecting a truckload of produce. While they can be helpful when attempting to informally resolve a trouble load, we would advise you to use pictures only to supplement communication with the carrier, and not as a substitute for a government inspection certificate. 

This article was originally published in the January/February 2025 edition.