Tag: Solutions Newsletter

Welcome new members!

We are pleased to welcome the following 15 new members during the month of February:

1 MILL ROAD WINERY LTD., BC, Canada
9311-3652 QUEBEC INC., QC, Canada
AGRILEZA CANADA INC., AB, Canada
ALIMENTS JANNA (Faisant également affaire sous 9481-022, QC, Canada
COMERCIALIZADORA TROPIEXPRESS S.A. DE C.V., Puebla, Mexico
GLYCAN FOOD LIMITED, BC, Canada
HAO FU FARM LTD., ON, Canada
MAQUIAGRO S.A. (Also d/b/a Unispice), Guatemala, Guatemala
MEDRANO PRODUCE LLC., TX, United States
MOHAMED AHMED MEGAHED MOUSA INSTITUTION, Egypt, Egypt
NOSTALGIA INC., AB, Canada
PRIMEORGANIC INC., ON, Canada
TN FRESH LTD. (Also d/b/a TN Fresh), ON, Canada
UNITED EXPORTS SALES AND MARKETING LLC., FL, United States
VISION GLOBAL GROUP LLC, NJ, United States

To view a complete list of active members, click here.

DRC Membership: change in status

As of February 29th, 2024, the following organizations no longer hold a DRC membership:

A&B TROPICAL PRODUCE, LLC FL United States
BAKER PRODUCE, INC. WA United States
Bles Seed Potatoes Ltd. AB Canada
BUON VINO MANUFACTURING INC. ON Canada
FOKA INTERNATIONAL INC. ON Canada
JA CANADA (A d/b/a of Jaime A. Aparicio) ON Canada
JEAR LOGISTICS, LLC SC United States
KOR PRODUCE (A d/b/a of Kor Services, LLC) PA United States
LES FERMES LUFA INC. / LUFA FARMS INC. QC Canada
LYMAN HUESTIS & SON INC. PE Canada
NAT FEINN & SON CA United States
NEW ERA LOGISTICS INC. OH United States
OPEN & CLOSE FOOD SERVICES (A d/b/a of John Haga AB Canada
PABLO’S PRODUCE, INC. CA United States
PANERA BREAD (BC) ULC (Also d/b/a Panera Bread) ON Canada
PISMO OCEANO VEGETABLE EXCHANGE CA United States
PRIME TROPICALS OF AMERICA LLC. TX United States
READY PAC PRODUCE, INC. CA United States
SANG YUAN ONLINE MARKET INC. BC Canada
SKYE VIEW FARMS LTD. PE Canada
TRYCE WHOLESALE CASH & CARRY LTD. AB Canada
WOLFE’S GREEN DIRT FARM (A d/b/a of Immian Ray Wolfe) BC Canada
XATLANTIC ENTERPRISES INC. ON Canada

Automatic Terminations: 

On February 19, 2024, VALLEY FIELD FOODS (A d/b/a of 9386-4171 Quebec Inc.) was expelled from DRC for failure to meet their financial obligations and failure to provide requested information in violation of section 1.5 of the DRC Trading Standards and section 3.03 of the DRC By-laws. At the time of expulsion David Bouhadana (President) was the only responsibly connected persons to this organization.

Important note:

When a membership is cancelled, the former member remains liable for any claims arising prior to the closure of their membership if the claim(s) is submitted to the DRC by way of a Notice of Dispute within nine months from when the claim arose or within nine months from when the claimant ought reasonably to have known of its existence.

For details regarding a change in status, please contact the office.

To view a complete list of inactive members, click here.

About the DRC

The DRC is a non-profit membership-based organization whose core work is business-to-business commercial dispute resolution for produce. The DRC is a referee between parties when a purchase and sale do not go according to plan. Members adhere to a common set of trading standards and member responsibilities that promote fair and ethical trading for produce entering the North American marketplace. In Canada, membership in the DRC is a regulatory requirement to trade fresh fruits and vegetables (i.e., buy, sell, import, export) unless accepted by the regulations. Today, the DRC has members in 16 countries outside of North America, and membership continues to grow annually. Anyone exporting fresh fruits and vegetables to Canada must sell to a DRC member.

In addition to the DRC’s Operating Rules and Trading Standards, the DRC offers a comprehensive, tailored suite of tools to build the knowledge and capacity of members to avoid or resolve disputes. The DRC provides education, mediation and arbitration services along with the ability to impose sanctions and disciplinary actions towards members who do not conduct business in accordance with the terms of their membership agreement.

To date, the DRC has resolved claims in excess of $105 million dollars. Although arbitration is available, 80% of these claims have been settled in an average of 26 days through our informal consultation/mediation services. Arbitration awards are court-enforceable in countries that are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards or subsequent conventions.

For more information about memberships, click here or contact our Helpdesk.

Welcome new members!

We are pleased to welcome the following 16 new members during the month of January:

15137586 CANADA INC.,  QC, Canada
9481-1676 QUEBEC INC., QC, Canada
ABDELHAFID BETTA, ON, Canada
ALICE FOODS INC., ON, Canada
ALIMENTS KURAS / KURAS FOODS (A d/b/a of 122011 Canada Ltée), QC, Canada
CH DISTRIBUTION INC., ON, Canada
EGYPTIAN CANADIAN PHOENIX LTD., ON, Canada
GRUPO ARJORAN SA DE CV, Michoacán, Mexico
HEALTHY FRESH LLC., AZ, United States
HG PRODUCE LTD., BC, Canada
MOBCHER CANADA (A d/b/a of 9397-6439 Quebec Inc.), QC, Canada
PURE FLAVOR FARMS LP, ON, Canada
ROYAL TRADE INC, ON, Canada
VANSHI FOODS LTD., BC, Canada
YUZUKI JAPANESE RESTAURANT / YUZUKI FISH MARKET, ON, Canada
ZEUS PRODUCE INC., ON, Canada

To view a complete list of active members, click here.

DRC Membership: change in status

As of January 31st, 2024, the following organizations no longer hold a DRC membership:

AGROFRESH EXPORT CONSORTIUM SL, Valencia, Spain
BELLI FOODS / BELLI DISTRIBUTION (A d/b/a of 9194-3340 Quebec Inc.), QC, Canada
BLEUETS MISTASSINI LTEE, QC, Canada
DELTA FRESH SALES LLC (Also d/b/a Delta Fresh), AZ United States
DUNCAN FAMILY FARMS, LLC., AZ, United States
ECORIPE TROPICALS, INC., FL, United States
ITAL-PLUS JUICE GRAPE LTD., ON, Canada
LES ALIMENTS KIM PHAT (JARRY), QC, Canada
LLERO’S TRADING LTD., ON, Canada
LOTUS TRADE INC. / COMMERCE TRADE INC., QC, Canada
MOONSHINE MAMA’S KITCHENS LTD. (Also d/b/a Moonshine Mama’s), BC, Canada
NATURE DELIGHT INC., BC, Canada
NAVARRO PROEXPORT S.L., Valencia, Spain
OHMEX PRODUCE, ON, Canada
PULPAAMERICA (Faisant également affaire sous 9338-4097 Québec Inc.), QC, Canada
PURE HOTHOUSE FOODS INC. (Affiliated with Pure Flavor Farms LP), ON, Canada
R U P LANKA LTD. (Also d/b/a RUP), ON, Canada
SHAAN TRUCK LINES (A d/b/a of 2350936 Ontario Inc.), ON, Canada
SUN MARK FOODS LTD., ON, Canada
VIVA FRUTA PRODUCTORES S.L., Cadiz, Spain
WHYTE’S FOODS INC. / LES ALIMENTS WHYTE’S INC., QC, Canada
WINDSOR DISTRIBUTING, INC., FL, United States

To view a complete list of inactive members, click here.

Important note: The former member remains liable for claims arising prior to the closure of their membership if the claim is submitted to the DRC by way of a Notice of Dispute within nine months from when the claim arose or within nine months from when the claimant ought reasonably to have known of its existence.

About the DRC

The DRC is a non-profit membership-based organization whose core work is business-to-business commercial dispute resolution for produce. The DRC is a referee between parties when a purchase and sale do not go according to plan. Members adhere to a common set of trading standards and member responsibilities that promote fair and ethical trading for produce entering the North American marketplace. In Canada, membership in the DRC is a regulatory requirement to trade fresh fruits and vegetables (i.e., buy, sell, import, export) unless accepted by the regulations. Today, the DRC has members in 16 countries outside of North America, and membership continues to grow annually. Anyone exporting fresh fruits and vegetables to Canada must sell to a DRC member.

In addition to the DRC’s Operating Rules and Trading Standards, the DRC offers a comprehensive, tailored suite of tools to build the knowledge and capacity of members to avoid or resolve disputes. The DRC provides education, mediation and arbitration services along with the ability to impose sanctions and disciplinary actions towards members who do not conduct business in accordance with the terms of their membership agreement.

To date, the DRC has resolved claims in excess of $105 million dollars. Although arbitration is available, 80% of these claims have been settled in an average of 26 days through our informal consultation/mediation services. Arbitration awards are court-enforceable in countries that are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards or subsequent conventions.

For more information about memberships, click here or contact our Helpdesk.

It is of utmost importance to know that in order to have direct access to DRC’s Dispute Resolution System, companies need to be members of the DRC before any dispute arises. This means that if a dispute arises between two DRC members, they are obligated to use DRC’s Dispute Resolution System to resolve the issue unless they mutually agree otherwise.

What about disputes between a DRC member and a non-member?

According to Article 3 of DRC’s Dispute Resolution Rules, these rules apply to any dispute, controversy or claim between a member and one or more non-members where the parties agree in writing to submit their dispute to DRC.

One option is for the two parties to voluntarily sign an arbitration agreement. In addition, one of these two steps must occur; the non-member can either join DRC (application + Membership fee) or pay a flat non-member access fee.

Once the arbitration agreement is signed and one of the two steps is completed by the non-member, DRC’s dispute resolution process can proceed as normal.

Another option is to include a DRC arbitration clause in a contract. An arbitration clause is commonly used in written contracts and requires the parties to resolve any disputes arising out of the contract through DRC’s arbitration process. A DRC arbitration clause allows the parties to resolve a dispute outside of the courts in a more timely and cost-effective manner. If the losing party fails to comply with the arbitrator’s decision and award, the award can be enforced in the appropriate court of law.

DRC recommends inserting the following arbitration clause into their contracts:

“Any dispute, controversy or claim arising out of or relating to this contract, or the breach thereof, shall be submitted to and finally settled by arbitration administered by the Fruit & Vegetable Dispute Resolution Corporation in accordance with its published rules and procedures. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.”

Important things to consider when using a DRC arbitration clause in a contract:

1. At least one of the parties needs to be a DRC member.
2. If the non-member decides they don’t want to join DRC or pay the non-member access fee, the member can pay the non-member access fee.
3. If there is a dispute over the validity of the contract, in order to enforce the arbitration clause, the parties would need to go to court first to have a judge decide if the contract is valid.

If you have a signed contract, which includes the DRC Arbitration clause and find yourself in a dispute, contact our office. We will guide you through the next steps to initiate the DRC’s Dispute Resolution process.

To avoid complications of having the DRC involved in a dispute, we encourage companies and their commercial partners to join the DRC prior to beginning a business relationship. If your customer becomes a member, both of you will be automatically protected in a contract dispute.

If you have any questions or comments about this article or would like to speak to a DRC representative, click here. We look forward to speaking with you. 

Welcome new members!

We are pleased to announce that between December 1st and 31st, 2023, the DRC welcomed the following 13 new members:

15293707 CANADA INC. | AB, Canada
ALMOCAN MÉDITERRANÉEN INC. | QC, Canada
BILL’S FRUIT MARKET INC. | ON, Canada
COMMERCE DRIM INC. | QC Canada
FRUTELLA FOR FOOD INDUSTRY S.A.E. | Giza, Egypt
GLOBAL BIO INC. | QC, Canada
IMPORTATION AVOCAN INC. (Faisant également affaire sous Avocan) | QC, Canada
INDIAN DELIBITES INC. | ON, Canada
KARIM SAGHI | QC, Canada
ONLY THE REALEST SERVICES INC. | ON, Canada
RENNIE BROS INC. | PE, Canada
TRANSPORT JUSTINT IMPORT-EXPORT INC. | QC, Canada
YOUDESSE ALIMENTS (Faisant également affaire sous 9300-3580 Québec Inc.) | QC, Canada

To view a complete list of active members, click here.

DRC Membership: change in status

As of December 31, 2023, the following organizations no longer hold a DRC membership:

AMCO PRODUCE INC. | ON, Canada
J. F. PRODUCE INC. | ON,  Canada
LAKESIDE PRODUCE INC. | ON, Canada
NATURIPE FARMS IMPORTS INC. | FL, United States
SOCIEDAD AGRICOLA SATURNO S.A. | Lima, Peru
VISION IMPORT GROUP, LLC | NJ, United States

To view a complete list of inactive members, click here.

Important note: The former member remains liable for claims arising prior to the closure of their membership if the claim is submitted to the DRC by way of a Notice of Dispute within nine months from when the claim arose or within nine months from when the claimant ought reasonably to have known of its existence.

The DRC is a non-profit membership-based organization whose core work is business-to-business commercial dispute resolution for produce. The DRC is a referee between parties when a purchase and sale do not go according to plan. Members adhere to a common set of trading standards and member responsibilities that promote fair and ethical trading for produce entering the North American marketplace. In Canada, membership in the DRC is a regulatory requirement to trade fresh fruits and vegetables (i.e., buy, sell, import, export) unless accepted by the regulations. Today, the DRC has members in 16 countries outside of North America, and membership continues to grow annually. Anyone exporting fresh fruits and vegetables to Canada must sell to a DRC member.

In addition to the DRC’s Operating Rules and Trading Standards, the DRC offers a comprehensive, tailored suite of tools to build the knowledge and capacity of members to avoid or resolve disputes. The DRC provides education, mediation and arbitration services along with the ability to impose sanctions and disciplinary actions towards members who do not conduct business in accordance with the terms of their membership agreement.

To date, the DRC has resolved claims in excess of $105 million dollars. Although arbitration is available, 80% of these claims have been settled in an average of 26 days through our informal consultation/mediation services. Arbitration awards are court-enforceable in countries that are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards or subsequent conventions.

For more information about memberships, click here or contact our Helpdesk.