Current through Register Vol. 41, No. 3, September 23, 2024
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.
