Sec. 101.016. RECORDS OF PURCHASE. (a) A licensee or a person required to be licensed or a packer, processor, or warehouseman may not receive or handle perishable commodities without requiring the person from whom the perishable commodities are purchased or received to furnish a statement in writing showing:
(1) the owner of the perishable commodities;
(2) the grower of the perishable commodities;
(3) the approximate location of the land on which the perishable commodities were grown;
(4) the date the perishable commodities were gathered; and
(5) by whose authority the perishable commodities were gathered.
(b) The licensee or person required to be licensed, packer, processor, or warehouseman shall keep records of statements furnished under Subsection (a) in a permanent book or folder for a minimum of three years from the date of the transaction and shall make the records available for inspection by any interested party.
(c) The licensee or person required to be licensed, packer, handler, or warehouseman shall:
(1) prepare a receipt detailing the quantity of perishable commodities received from the producer or owner at the time of receipt of the commodities; and
(2) on request, provide the receipt to the producer or owner.
(d) The department periodically may investigate licensees, persons required to be licensed, or persons alleged to be selling or purchasing perishable commodities in violation of this chapter and, without notice, may require evidence of purchase of any perishable commodities in a person's possession or past possession.
Acts 1981, 67th Leg., p. 1256, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1999, 76th Leg., ch. 358, Sec. 15, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.18, 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