| (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.
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