Section 15.9 - Reports and Records(a) Reporting requirements. (1) Every licensee shall submit a report as designated by the department and remit any fees due on a monthly basis; however, a licensee may submit the required reports on a quarterly basis, provided that no fees are due. This report is due not later than the tenth day of the following month, if filed monthly, or not later than the tenth day of the following quarter, if filed quarterly. If a fee is due, then the amount of this fee must accompany the reporting forms. Each licensee shall keep a copy of this report on file at the licensee's facility for a period of two years. Any licensee who fails to promptly submit required reports or pay required fees is subject to criminal penalties specified in the Code, §132.081. A violation of this section is also subject to a civil or administrative penalty not to exceed $500 per violation. Each day a violation continues may be considered a separate violation for purposes of a penalty assessment. The department may also seek appropriate injunctive relief.(2) The licensed Texas dealer-wholesaler must report all eggs purchased and/or produced and the total volume of eggs sold at wholesale and retail. The licensee shall list on this report all plants and/or persons from whom eggs were purchased and accurately indicate whether these eggs were purchased on a graded or ungraded basis. A fee as prescribed by § 15.5 of this chapter (relating to Special Fees) on all sales of eggs on which the licensee established the first grade shall accompany this report.(3) The licensed Texas dealer-wholesaler who obtains or purchases any eggs from a broker or the mercantile trade exchange is liable for the fee as prescribed by § 15.5 of this chapter (relating to Special Fees) and the required labeling of said eggs, whether graded or ungraded. Furthermore, the Texas dealer-wholesaler shall be liable for the fee and labeling of any eggs, whether graded or ungraded, purchased or obtained from an unlicensed out-of-state packer. Any eggs of this nature received by a Texas dealer-wholesaler that do not bear a label which is in compliance with the labeling requirements of Chapter 132 of the Code and this chapter shall be considered ungraded eggs.(4) The licensed Texas dealer-wholesaler who receives out-of-state egg shipments from unlicensed packers shall notify the department by way of the report. Upon receiving this information, the department will contact this packer and require that said packer be licensed with this state. Failure to comply shall result in immediate stop-sale of all further shipments of eggs from said packer into this state.(5) The nonresident dealer-wholesaler shall give a complete breakdown of all sales of graded and ungraded eggs into this state, listing the individual plant or person to whom eggs were sold and indicating whether these eggs were sold on a graded or ungraded basis. Accompanying the report shall be a check or money order for the amount of the fee as prescribed by § 15.5 of this chapter (relating to Special Fees) on all eggs shipped into this state on a graded basis.(6) The licensed Texas processor shall pay a fee as prescribed by § 15.5 of this chapter (relating to Special Fees) on all shell eggs which it handles upon its first use or change in form of eggs processed by it.(7) Every licensed Texas broker shall itemize in its reports a true and complete list of all eggs brokered into and within this state. This list shall include the names and addresses of all persons from whom eggs were purchased and to whom they were sold and the amount of eggs involved in each transaction. Furthermore, said broker shall indicate whether said eggs were graded or ungraded.(8) Every licensed dealer-wholesaler and processor shall keep a monthly physical inventory of the total amount of eggs on hand at the end of each month; this record shall be kept on file at the licensee's facility for a period of two years. This record shall be available and open for inspection by the department at all reasonable times.(b) Invoice requirements. (1) Every licensed dealer-wholesaler and processor shall keep on file at the facility for which the licensee is licensed, for a period of two years, a copy of all invoices of all eggs purchased (or production records if their own production) and sales. These invoices shall state the correct grade and size of eggs (if graded) or specify they were ungraded, the name and address of the person from whom eggs were purchased and to whom sold, and the number of dozens or cases included in each transaction and the date thereof.(2) Every licensed dealer-wholesaler and processor shall deliver with each transaction, sale, or delivery, a signed invoice, stating the date, quantity, grade, and size of eggs sold and shall keep a copy of each invoice for the same period as stated in paragraph (1) of this subsection.(3) Every licensed broker shall keep on file at the facility for which the licensee is licensed, a true and complete record of all egg business transacted within or into this state. This record shall include the name and address of the person from whom eggs were purchased and to whom sold. It shall also state the date of each transaction and indicate the grade and size of said eggs. Ungraded eggs shall be identified accordingly. This information shall be kept on file for a period of two years.4 Tex. Admin. Code § 15.9
The provisions of this §15.9 adopted to be effective September 3, 1996, 21 TexReg 7965; Amended by Texas Register, Volume 48, Number 12, March 24, 2023, TexReg 1622, eff. 3/30/2023