Sec. 101.015. SETTLEMENT ON GRADE AND QUALITY. (a) Except as otherwise provided by this section, a licensee or a person required to be licensed shall settle with the producer or seller of perishable commodities on the basis of the grade and quality that is referred to in the contract under which the licensee or person required to be licensed obtained possession or control of the perishable commodities.
(b) If the perishable commodities have been inspected by a state or federal inspector in this state and found to be of a different grade or quality than that referred to in the contract, the licensee or person required to be licensed shall settle with the producer or seller of the perishable commodities on the basis of the grade and quality determined by the inspector.
(c) This section does not prevent parties, instead of an inspection, from agreeing in writing that the grade or quality of the perishable commodities were different from that referred to in the contract.
(d) Failure of a licensee to settle with a producer or seller on grade and quality in the manner provided by this section is a ground for revocation of the licensee's license.
Acts 1981, 67th Leg., p. 1256, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1999, 76th Leg., ch. 358, Sec. 13, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.16, eff. September 1, 2009.
Structure Texas Statutes
Title 5 - Production, Processing, and Sale of Horticultural Products
Subtitle D - Handling and Marketing of Horticultural Products
Chapter 101 - Handling and Marketing of Perishable Commodities
Section 101.002. Perishable Commodities
Section 101.003. License Required
Section 101.004. License or Registration Categories
Section 101.005. Application for License
Section 101.007. Issuance or Refusal of License
Section 101.008. Term and Renewal of License
Section 101.009. Licensee List
Section 101.010. Transporting Agent or Buying Agent Identification Card
Section 101.011. License or Identification Card Not Assignable
Section 101.012. Revocation, Modification, or Suspension of License or Identification Card
Section 101.013. Payment of Purchase Price on Demand
Section 101.014. Commission or Service Charge in Contract
Section 101.015. Settlement on Grade and Quality
Section 101.0151. Buying or Selling by Weight
Section 101.016. Records of Purchase
Section 101.017. Record of Sale
Section 101.018. Department Enforcement
Section 101.0185. Civil Penalty; Injunction