60-16-5: Duties of buyer; record of purchase.

A. A buyer shall:

(1) not purchase in-shell pecans without a valid license;

(2) comply with the provisions of the Pecan Buyers Licensure Act and adopted rules;

(3) comply with state and federal requirements related to the movement of in-shell pecans;

(4) ensure that all of the buyer's employees involved in the purchasing, receiving or shipping of in-shell pecans are trained on the provisions of the Pecan Buyers Licensure Act and adopted rules;

(5) maintain accurate and legible written records, in a form approved by the department, of the purchase of in-shell pecans that are made in the course of the buyer's business;

(6) ensure that records of the purchase of in-shell pecans are available for inspection by the department or a peace officer within forty-eight hours of the transaction; and

(7) retain records of the purchase of in-shell pecans for a minimum of two years.

B. A purchase record shall include the:

(1) location and date of the purchase;

(2) name and address of the seller;

(3) street address or physical location of the tree or the farm from where the in-shell pecans originated;

(4) identification number contained on the personal identification document of the seller;

(5) license plate number, make and model of the seller's motor vehicle; and

(6) total weight of the in-shell pecans purchased.

C. If a licensed buyer purchases in-shell pecans from another licensed buyer, the purchase record shall include the seller's name, address and telephone number, the date of origin of the in-shell pecans and the total weight of the in-shell pecans purchased.