(a) If a licensee or a person required to be licensed causes a producer, seller, or
owner, or an agent of a producer, seller, or owner, to part with control or possession
of all or any part of the person's perishable commodities and agrees by contract of
purchase to pay the purchase price on demand following delivery, the licensee or person
required to be licensed shall make payment immediately on demand.
(b) If a person makes demand for the purchase price in writing, the mailing of a registered
letter that makes the demand and is addressed to the licensee or person required to
be licensed at their business address is prima facie evidence that demand was made
at the time the letter was mailed.
(c) If the producer, seller, owner, or agent waives the right to payment of purchase
price on demand, the contract for the handling, purchase, or sale of the perishable
commodities must be in writing. The parties shall prepare the contract in duplicate and set out in the contract
the full details of the transaction. If the contract does not specify the time and manner of settlement, the licensee
shall pay the full amount called for by the contract directly to the producer, seller,
owner, or agent before the 31st day following the day of delivery of the perishable
commodities into the licensee's control.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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