§ 104.6. Responsibilities of sales agents.
(a) Records to be kept by sales agent. 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 as described in subsection (b), the date of the transaction, the amount of apples involved in the transaction and the disposition of the apples, whether for processing or fresh market use, for at least 3 marketing seasons beyond the marketing season within which the transaction occurred.
(b) Demand for production of information. The Program may issue a written demand for production of information to a sales agent whose business is located in this Commonwealth with respect to apples which the sales agent:
(1) Purchased from a particular producer.
(2) Handled on behalf of a particular producer.
(3) Processed on behalf of a particular producer.
(4) Received from a particular producer.
(5) Sold or has under contract to be sold on behalf of a particular processor.
(c) Producer/sales agents. A demand for production of information may be issued to a sales agent whose business is located in this Commonwealth, regardless of whether the sales agent is the producer or processor with respect to whom information is sought.
(d) Contents of demand. A demand for production of information shall set forth the following:
(1) The name of the producer with respect to whom information is sought.
(2) The marketing season, or other time period, with respect to which information is sought.
(3) The type of information, as set forth in subsection (b), which is sought.
(4) A description of the information, as set forth in subsection (a), which shall be produced.
(5) The time, which shall be at least 14 days from receipt of the demand for production of information, within which the Program shall receive the sales agent’s response to the demand for production of information.
(6) A reference to the penalties which could be imposed upon the sales agent if he 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 agent’s possession or control within the time specified in the demand for production of information.
(f) Penalty for failure to comply. 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.
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