4-7-109. Dealers — Records mandated — Records subject to inspection.
(1) |
A dealer who receives livestock for sale or consignment shall promptly record:
(a) |
the name and address of the consignor; |
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(c) |
the condition and quantity upon arrival; |
(d) |
the date of sale for account of the producer-consignor; |
(f) |
an itemized statement of the charges to be paid by the producer-consignor; |
(g) |
the individual or group identification of the livestock; |
(h) |
the nature and amount of any claims the dealer has against third persons for overcharges 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 and address of the purchaser. |
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(2) |
(a) |
The dealer shall provide a copy of the livestock receipt to the producer immediately upon delivery of the product. |
(b) |
The records required by this section shall be retained for a period of one year following the date of consignment and shall be available during business hours for inspection by the department. |
(c) |
A consignor involved in a consignment subject to inquiry may inspect relevant records. |
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(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 the department. |
(b) |
The dealer shall file the report by April 15 following the end of a calendar year, or if the 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 buyer registered to purchase livestock for slaughter only. |
(e) |
The department shall accept reports as required by the Packers and Stockyards Administration for livestock under the Packers and Stockyards Act, 1921, 7 U.S.C. § 181, et seq. |
(f) |
The reports required under this Subsection (3) may be subject to audit and establish the basis for bond adequacy. |
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Renumbered and Amended by Chapter 345, 2017 General Session