N.J. Admin. Code § 2:72-3.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 2:72-3.1 - Dealer's record of transaction; copy to grower

(a) Every dealer or dealer's agent purchasing, receiving or obtaining an agricultural commodity from a grower shall, simultaneously with the purchasing, receiving or obtaining of the agricultural commodity, create an invoice stating in detail for each agricultural commodity the following:

1. Name and address of the dealer;

2. Name and address of the grower;

3. Date on which the transaction occurred;

4. Terms of the sale and how purchased, including the timeframe for when payment is to be made;

5. Price of the sale (If the price to be paid is based upon a market quotation for such agricultural commodity, the record shall specify the date and location of the market to be used in arriving at the purchase price); and

6. Name of the agricultural commodity, number of containers, size, and net weight, and grade of agricultural commodity, where applicable.

(b) Where more than one agricultural commodity is purchased, received or obtained from a grower on a particular date, such information may be set forth on a single invoice.

(c) A copy of the invoice containing the information required in (a) above shall be issued to the grower upon purchase, receipt or obtaining possession of the agricultural commodity by the dealer or dealer's agent.

(d) The dealer or dealer's agent shall retain the invoice in his or her possession for a period of not less than one year from the date of the transaction. These records must be presented upon demand to an authorized agent of the New Jersey Department of Agriculture.

N.J. Admin. Code § 2:72-3.1

Amended by R.2006 d.440, effective 12/18/2006.
See: 38 N.J.R. 3100(a), 38 N.J.R. 5352(a).
In the introductory paragraph of (a), substituted "or dealer's" for ", cash buyer or", substituted "create an invoice" for "make a correct record", and inserted "agricultural" following "for each"; rewrote (a)4, (c) and (d); in (a)5, inserted "agricultural", substituted "; and" for a period at the end; in (a)6, inserted "agricultural" twice, and deleted "NOTE:--Egg Dealer--exception under item 5 of 'Dealers record of transaction' "; in (b), substituted "invoice" for "record"; and deleted (e).