4-7-9 - Dealers -- Records mandated -- Records subject to inspection.
4-7-9. Dealers -- Records mandated -- Records subject to inspection.
(1) A dealer who receives any product of agriculture for sale, storage, or consignmentshall promptly record:
(a) the name and address of the consignor;
(b) the date received;
(c) the condition and quantity upon arrival;
(d) the date of sale for account of the producer-consignor;
(e) the sale price;
(f) an itemized statement of the charges to be paid by the producer-consignor;
(g) the lot number or other means used for identification of the product;
(h) the nature and amount of any claims the dealer has against third persons forovercharges or damages; and
(i) if the dealer has a direct or indirect financial interest in the business of the purchaser,or, if the purchaser has a similar financial interest in the business of the dealer, the name andaddress of the purchaser.
(2) (a) The dealer shall provide a copy of the Product of Agriculture Receipt to theproducer immediately upon delivery of the product.
(b) Dealers who issue product of agriculture receipts to producers shall plainly cancelupon the face of the receipts each receipt returned to the dealer upon:
(i) the delivery by the dealer of the product of agriculture for which the receipt wasissued; or
(ii) payment by the dealer for the receipted product.
(c) The records required by this section shall be retained for a period of one yearfollowing the date of consignment and shall be available during business hours for inspection bythe department.
(d) A consignor involved in a consignment subject to inquiry may inspect relevantrecords.
(3) (a) A dealer shall file an annual report of the records required under Subsection (1)with the department on a form prescribed and furnished by it.
(b) The dealer shall file the report by April 15 following the end of a calendar year, or ifthe records are kept on a fiscal year basis, by 90 days after the close of the fiscal year.
(c) The commissioner may, for good cause shown or by the commissioner's own motion,grant an extension to the filing deadline under Subsection (3)(b).
(d) For purposes of this Subsection (3), "dealer" does not include a packer buyerregistered to purchase livestock for slaughter only.
(e) The department shall accept reports as required by the Packers and StockyardsAdministration for livestock under the Packers and Stockyards Act, 9 C.F.R. Sec. 201.97.
(f) The reports required under this Subsection (3) may be subject to audit and establishthe basis for bond adequacy.
Amended by Chapter 84, 2003 General Session
Amended by Chapter 85, 2003 General Session