Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 15 - EGG LAW › Section 15.9 - Reports and Records

Current through Reg. 49, No. 28; July 12,
				2024
(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.