N.J. Admin. Code § 2:72-3.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 2:72-3.2 - Commission merchant's record of transaction; copy to grower

(a) Every commission merchant or commission merchant's agent, upon entering into an agreement with the grower or receiving an agricultural commodity from a grower shall, simultaneously with the entry into the agreement or upon receipt of the agricultural commodity, make an invoice stating in detail for each commodity the following:

1. Name and address of commission merchant;

2. Name and address of grower;

3. Date on which the said agreement is entered into or date upon which the agricultural commodity is received (whichever is earlier);

4. Terms of the sale, how purchased, and charges to be paid by the grower in connection with the sale, including the timeframe for when payment is to be made;

5. The lot number or other identifying mark for each consignment, which shall appear on all tags and other records needed to show what the agricultural commodity actually sold for; 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 above information shall be issued to the grower upon entry into an agreement with the commission merchant or upon receipt of the agricultural commodity by the commission merchant.

(d) The commission merchant 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 § 2:72-3.2

Amended by R.2006 d.440, effective 12/18/2006.
See: 38 N.J.R. 3100(a), 38 N.J.R. 5352(a).
In (a), inserted "or commission merchant's agent," and substituted "an invoice" for "a correct record"; in (a)4, inserted ", how purchased," and ", including the timeframe for when payment is to be made"; in (a)5 and (a)6, inserted "agricultural"; in (a)5, inserted "and" at the end; in (b) and (c), substituted "invoice" for "record"; and in (d), inserted "the invoice" and "or her", substituted "from the date of the transaction" for "the aforementioned records", and inserted the last sentence.