Certain dealers and handlers of perishable commodities must get written purchase information, keep those records for three years, and provide receipts on request; the department may inspect and demand proof of purchase.
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.