§ 35-36-308 — Records of dealers

(1) Every dealer handling farm products for
a consignor having received any farm products on commission for sale shall
promptly make and keep a correct record, showing in detail the following with
reference to the handling, sale, or storage of the farm products:

(a) The name and address of the consignor;

(b) The date received;

(c) The condition and quantity upon arrival;

(d) The date of the sale for the account of the consignor;

(e) The price for which sold;

(f) An itemized statement of the charges to be paid by the consignor in
connection with the sale;

(g) The names and addresses of the purchasers if the dealer has a financial
interest in the business of the purchasers or if the purchasers have a financial
interest in the business of the dealer, directly or indirectly, as a holder of the other's
corporate stock, as a copartner, as a lender or borrower of money to or from the
other, or in any other capacity;

(h) A lot number or other identifying mark for each consignment, which
number or mark must appear on all sales tags or other essential records needed to
show what the product actually sold for; and

(i) Any claims that have been or may be filed by the dealer against any
person for overcharges or for damages resulting from the injury or deterioration of
the farm products by the act, neglect, or failure of the person. The dealer shall
make the records available for inspection by the commissioner and the consignor
for whom the claims are made.

Legislative History

Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 749, � 2, effective June 29.