§ 104.17. Responsibilities of sales agents.
(a) Required records. A sales agent whose business is located in this Commonwealth shall maintain records of the identity of each producer with respect to which it transacts business, the date of the transaction and the weight of the potatoes involved in the transaction. A transaction includes the purchase of potatoes from a producer, the handling of potatoes on behalf of a producer, the processing of potatoes on behalf of a producer, the receipt of potatoes from a producer, the sale of potatoes on behalf of a producer and the contracting to sell potatoes on behalf of a producer.
(b) Retention of records. A sales agent who is required to keep records under subsection (a) shall retain these records for at least 2 calendar years beyond the calendar year within which the transaction occurred.
(c) Demand for production of information. The Program may issue a written demand for production of the records described in subsection (a) upon a sales agent whose business is located in this Commonwealth.
(d) Contents of demand. A demand for production of information shall set forth the following:
(1) The time period with respect to which information is sought.
(2) A general description of the information which must be produced. This description may include the names of specific producers with respect to which information is sought.
(3) The date by which the sales agent shall mail or deliver its response to the Program. This date shall be at least 14 days from receipt of the demand for production of information.
(4) A reference to the penalties which could be imposed upon the sales agent if it fails to respond, fails to respond completely or fails to respond within the time specified to a demand for production of information.
(e) Sales agent’s duty. A sales agent whose business is located in this Commonwealth who receives a written demand for production of information is responsible for providing the requested information that is within the sales agent’s possession or control within the time specified in the demand for production of information.
(f) Option for designated handlers under the Potato Research and Promotion Act. A sales agent who is also a designated handler under the Potato Research and Promotion Act (7 U.S.C.A. § § 2611—2627) and its attendant regulations, 7 CFR 1207.512 and 1207.513 (relating to designated handler; and payment of assessments), may satisfy its duty under subsection (e) by providing the Program with a copy of the appropriate designated handler report described at 7 CFR 1207.513(c).
(g) Penalty for noncompliance. A sales agent whose business is located in this Commonwealth who fails to respond, or who fails to respond completely, or who fails to respond within the time specified to a demand for production of information shall be required to pay a penalty of at least $100 but not more than $300. An action seeking imposition of a penalty may be brought in the appropriate magisterial district.
Source The provisions of this § 104.17 adopted July 26, 1996, effective July 27, 1996, 26 Pa.B. 3534.
Cross References This section cited in 7 Pa. Code § 104.18 (relating to calculation of minimum producer charge).
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