(1)It is unlawful and a violation of
this part 3 for any person to:
(a)Make fraudulent charges or returns for the handling, sale, or storage or
for the rendering of any service in connection with the handling, sale, or storage of
farm products. Violation of this subsection (1)(a) is a class 6 felony.
(b)Willfully fail or refuse to render a true account of sales or storage or to
make a settlement on sales or storage or to pay for farm products received within
the time and in the manner required by this part 3. Violation of this subsection (1)(b)
is a class 6 felony.
(c)Intentionally make false or misleading statements as to the market
conditions for farm products or false or misleading statements as to the condition,
quality, or quantity of farm products received, handled, so
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(1) It is unlawful and a violation of
this part 3 for any person to:
(a) Make fraudulent charges or returns for the handling, sale, or storage or
for the rendering of any service in connection with the handling, sale, or storage of
farm products. Violation of this subsection (1)(a) is a class 6 felony.
(b) Willfully fail or refuse to render a true account of sales or storage or to
make a settlement on sales or storage or to pay for farm products received within
the time and in the manner required by this part 3. Violation of this subsection (1)(b)
is a class 6 felony.
(c) Intentionally make false or misleading statements as to the market
conditions for farm products or false or misleading statements as to the condition,
quality, or quantity of farm products received, handled, sold, or stored. Violation of
this subsection (1)(c) is a class 6 felony.
(d) Engage in fictitious sales, in collusion, or in unfair practices to defraud
the owners. Violation of this subsection (1)(d) is a class 6 felony.
(e) Act as a dealer, small-volume dealer, or agent without having obtained a
license or act as a dealer without having filed a surety bond or an irrevocable letter
of credit, as provided in this part 3. Violation of this subsection (1)(e) is a class 6
felony.
(f) Willfully convert to the person's own use or benefit the farm products of
another. Violation of this subsection (1)(f) is theft, as defined in section 18-4-401.
(g) Commit fraud or deception in the procurement or attempted procurement
of a license. Violation of this subsection (1)(g) is a class 2 misdemeanor.
(h) Fail to comply with a lawful order of the commissioner concerning the
administration of this part 3. Violation of this subsection (1)(h) is a class 2
misdemeanor.
(i) Interfere with or hinder an authorized representative of the commissioner
while performing the authorized representative's duties under this part 3. Violation
of this subsection (1)(i) is a class 2 misdemeanor.
(j) If licensed as a dealer or small-volume dealer, sell farm products for less
than the current market price to any person with whom the dealer has a financial
connection, directly or indirectly, either as an owner of the corporate stock of a
corporation, as a copartner, or in any other capacity, or sell any farm products out
of the purchase price of which the dealer or small-volume dealer receives, directly
or indirectly, a portion of the purchase price other than the commission allowed in
section 35-36-310. Violation of this subsection (1)(j) is theft, as defined in section
18-4-401.
(k) Act as a dealer, small-volume dealer, or agent and, with intent to defraud,
make, draw, utter, or deliver a check, draft, or order for the payment of money upon
any bank or other depository to the owner for the purchase price of any farm
products or any part of the farm products upon obtaining possession or control of
the farm products, when at the time of the making, drawing, uttering, or delivery the
maker or drawer has insufficient funds in or credit with the bank or other depository
for the payment of the check, draft, or order in full upon its presentation. The
making, drawing, uttering, or delivery of the check, draft, or order is prima facie
evidence of an intent to defraud. Credit, as used in this subsection (1)(k), means an
arrangement or understanding with the bank or depository for the payment of the
check, draft, or order. Violation of this subsection (1)(k) is fraud by check, as defined
in section 18-5-205.
(l) If acting as a dealer who has signed an affidavit in accordance with
section 35-36-303 (1)(a)(I), fail to make payment in cash or by one of the other
means specified in section 35-36-304 (1)(c) for any transaction without first
complying with the bonding requirements of section 35-36-304. Violation of this
subsection (1)(l) is a class 2 misdemeanor.
(m) If licensed as a small-volume dealer, purchase forty-five thousand
dollars' worth or more of farm products in one year from the owner for processing
or resale. Violation of this subsection (1)(m) is a class 2 misdemeanor. The
commissioner may adjust the threshold amount provided in this subsection (1)(m) by
rule pursuant to section 35-36-103 (1)(c).