4-7-14 - Prohibited acts.
4-7-14. Prohibited acts.
(1) A person licensed under this chapter may not:
(a) make false charges incident to the sale, handling, or storage of products ofagriculture;
(b) wilfully fail to comply with the requirements of Section 4-7-9 or 4-7-10;
(c) fail to file a schedule of commissions and charges;
(d) reconsign products of agriculture without the consent of the producer-consignor forthe purpose of charging more than one commission;
(e) make any false statement to the detriment of the producer regarding current marketconditions for products of agriculture or about the condition or quantity of the productsconsigned for the account of the producer;
(f) engage in fraud or misrepresentation in the procurement or attempted procurement ofa license; or
(g) act as a dealer or agent and, with intent to defraud, make, draw, utter, or deliver anycheck, draft, or order for the payment of money from any bank or other depository to the ownerfor the purchase price of any farm products or any part thereof, when at the time of the making,drawing, uttering, or delivery the maker or drawer does not have sufficient funds in or credit withthe bank or other depository for the payment of the check, draft, or order in full upon itspresentation.
(2) (a) The making, drawing, uttering, or delivery of a check, draft, or order in thecircumstances specified in this section shall be evidence of an intent to defraud.
(b) As used in this section, "credit" means an arrangement or understanding with thebank or depository for the payment of the check, draft, or order.
Amended by Chapter 41, 1995 General Session