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Virginia Administrative Code
Title 2. Agriculture
Agency 5. Department Of Agriculture And Consumer Services
Chapter 350. Rules and Regulations for the Enforcement of the Virginia Commission Merchant Law
12/7/2021

2VAC5-350-80. Alterations to tickets and tobacco sales bills.

Alterations to weight, buyer, price, or total amount due the producer may be made by persons authorized to make, and who are responsible for, such alterations under the following conditions and requirements:

1. Weight on ticket. Only persons authorized by 2VAC5-340-190 may alter weights on tickets. Changes shall be initialed as provided in 2VAC5-340-190.

2. Buyer or price on ticket during auction. As long as the auctioneer controls the sale, the ticket marker is authorized to make, and is responsible for, alterations on the ticket as to the buyer or price. Changes must be initialed by the ticket marker.

3. Buyer or price on ticket after auction. When the auctioneer is no longer in control of the sale, alterations on the ticket as to the buyer or price may be made by the person outlined below with signature as indicated:

a. When the producer rejects a sale, the following disposition of the sales unit may be made:

(1) Producer may hold for resale - no signature required.

(2) Producer may sell to original buyer at a higher price. The original buyer must sign the ticket.

(3) Producer may sell to another buyer. The producer and the new buyer must sign the ticket.

b. When the original buyer finds a sale unit to be objectionable, the following disposition of the sale unit may be made:

(1) The original buyer may sell the sale unit to another buyer who may be the licensee. Both the original buyer and the new buyer, including the licensee if he is the new buyer, must sign the ticket; or

(2) In the event the sale unit is found to be nested, unsound or unsafe, or contains foreign matter or inferior tobacco to the extent that the quality of the sale unit is significantly lowered, the buyer may ask for a reinspection by the USDA grader. If the sale unit is determined by the grader to be of lower quality, the buyer may reject the sale unit, which would then be held by the licensee for disposition by the seller. The original buyer must sign the ticket.

c. When the licensee rejects a sale on behalf of a producer, the following disposition of the sale unit may be made:

(1) Without written authorization from the producer, as required in § 3.2-4737 (5) of the Code of Virginia to buy tobacco for his own account, the licensee:

(a) May hold for future sale.

(b) May resell to the original buyer at a higher price. The original buyer must sign the price alteration.

(c) May sell to another buyer, other than himself. The original buyer must sign to release the sales unit, and the new buyer must sign to accept the sales unit.

(2) With written authorization from the producer, as required by § 3.2-4737 (5) of the Code of Virginia to buy tobacco for his own account, the licensee may, in addition to the options listed in subdivision c (1) above, reject the sale and purchase the tobacco for his own account, provided that the licensee signs the ticket.

Statutory Authority

§ 3.2-4704 of the Code of Virginia.

Historical Notes

Derived from VR115-04-05 § 8, eff. May 28, 1986; amended, Virginia Register Volume 25, Issue 11, eff. March 4, 2009.

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