SECTIONS 56301-56302.5 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 56301-56302.5

56301. Every licensee operating as a dealer who purchases any farm
product from the producer of the farm product or from any licensee
for the purpose of resale, shall promptly make and keep a correct
record which shows in detail all of the following:
(a) The name and address of the producer or licensee.
(b) The date received.
(c) The price to be paid.
(d) An itemized statement of any charges paid by the dealer for
the account of the seller.

56302. Every dealer shall pay for any farm product purchased by him
at the time and in the manner specified in the contract with the
producer or licensee. If no time for payment is set by such contract
or made at the time of the delivery, the dealer shall pay for the
farm product within 30 days from the delivery or taking possession of
such farm product.

56302.5. Upon the following, a licensee operating as a dealer shall
notify the seller on a form to be prescribed by the department, as
to the requirements set forth in Sections 56302 and 56620:
(a) Upon delinquency of a contract.
(b) If payment is not made within 30 days when the contract does
not specify time of payment or if there is no contract.
(c) If payment is not made within 30 days when the contract is
oral, irrespective of the agreed time of payment.
The dealer shall have the burden of proof as to the timely
delivery of such a notice.
Such a notice shall only be required as to the first contract
between any particular seller and dealer during any one calendar
year.