§ 2-6-107 - Purchase methods -- Delays.
               	 		
2-6-107.    Purchase methods -- Delays.
    (a)  Each processor shall use one (1) of the following methods to purchase catfish products:
      (1)  The  processor may deliver to the producer or his or her authorized  representative and any secured parties the full amount of the purchase  price on the same day the catfish product is purchased and possession is  transferred;
      (2)    (A)  Before  the close of the fourteenth calendar day following the purchase of the  catfish products and transfer or possession of the catfish products, the  processor may deliver to the producer or his or her authorized  representative and any secured parties the full amount of the purchase  price.
            (B)  If the producer or  his or her authorized representative or secured parties are not present  to receive payment at the point of transfer or possession, as provided  in subdivision (a)(1) of this section, the processor shall wire transfer  funds or place a check in the United States mail for the full amount of  the purchase price, properly addressed to the producer and any secured  parties, within the time limits specified in this subsection. This  action shall be deemed in compliance with the requirement for prompt  payment under this subdivision (a)(2); or
      (3)  The  parties to the purchase and sale of catfish products may expressly  agree in writing before the purchase or sale to effect payment in a  manner other than that required in subdivision (a)(1) or (2) of this  section if the manner of payment does not interfere with the rights of  secured parties. Any agreement shall be disclosed in the records of any  producer selling the catfish and in the processors' records and on the  accounts or other documents issued by the processors relating to the  transaction.
(b)    (1)  Regardless  of the method elected under subdivision (a)(2) of this section to  purchase catfish products, a Class A registrant, prior to the  transaction, shall be required to:
            (A)  Be  bonded in the amount of two hundred fifty thousand dollars ($250,000)  or in an amount which may be determined by the State Plant Board;
            (B)  Post  a security bond in the amount of two hundred fifty thousand dollars  ($250,000) or in an amount which may be determined by the board; or
            (C)  Provide cash security, letters of credit, and such other evidences of security as shall be authorized by the board.
      (2)  However,  if a Class A registrant purchases catfish solely and exclusively from  producers that are also the owners of the processor, then the Class A  registrant is exempt from the bonding or security requirements imposed  under subdivision (b)(1) of this section.
(c)  Any  delay or attempt to delay, by a processor purchasing catfish products,  the collection of funds as provided in this chapter or otherwise for the  purpose of or resulting in extending the normal period of payment for  the catfish shall be considered an unfair practice in violation of this  chapter.
(d)    (1)  At the time  catfish are delivered to a processor and unloaded from a live-haul  truck, the processor shall weigh the catfish using a device that is of a  type suitable for the weighing of catfish.
      (2)  Deductions  for trash fish, turtles, and other foreign material except water shall  be determined by a separate weighing of the same.
      (3)  There shall be no water tare nor deductions made for water in weighing baskets.
      (4)  Processors are responsible for draining water from weighing baskets.
(e)    (1)  Scales  used to weigh catfish and foreign material under this section must be  capable of electronically printing a ticket that provides an exact  duplicate of the weight indicated.
      (2)  A copy of the ticket shall be provided to the producer at the time of weighing.
      (3)  The ticket shall also contain the following:
            (A)  The name and address of the processor;
            (B)  The name of the owner of the catfish being weighed;
            (C)  The date the catfish are weighed;
            (D)  The signature of the individual who weighs the catfish; and
            (E)  Any additional information as the board deems necessary for the lawful and accurate recording of the weight of the catfish.
(f)  Processors  who process less than seventeen thousand five hundred pounds (17,500  lbs.) of catfish per week are not required to use the electronic  printing scales otherwise required by this section.
(g)  The  board shall be responsible for the enforcement of this section, and its  agents shall perform periodic inspections of processing plants to  ensure that the provisions of this section are being carried out and  that all deductions for foreign material are legitimate and fair to the  producer.