Food Distributors International (FDI) has filed a brief with the US Supreme Court in a bid to preserve the right of food distributors and producers to engage in what it describes as “legitimate, off-invoice practices”.

FDI argues that this right is recognised under the amendments to the Perishable Agricultural Commodities Act (PACA), and in submitting the filing, justices were asked to review the case of JSG Trading Corporation v. the United States Department of Agriculture (USDA).

JSG has been charged with carrying out collateral fee practices, after the USDA redefined the PACA amendment as “commercial bribery”. The FDI insists that JSG’s actions were legitimate and argues that any appeals court decision siding with USDA will “invite standardless investigations”.