§ 490-050. INSPECTION, PRESENTATION, AND RETENTION

(1)

The proof of ownership certificate form shall be retained with the agricultural commodity to which it pertains while the commodity is in any person's possession, while being transported, and until sold.

(2)

Upon probable cause to believe that any agricultural commodity is in the unlawful possession of any person, the agricultural commissioner, or his or her designee, or any peace officer may inspect the commodity and request that a valid form of proof ownership be provided. The possessor of the commodity shall permit inspection of the commodity and of the corresponding proof of ownership certificate form. If the possessor is a grower, the grower shall provide information sufficient to verify that status. If the possessor is not the grower, upon reasonable notice, a notice of the proof of ownership certificate form shall be provided.

(3)

To facilitate inspection by the agricultural commissioner, or his or her designee, the buyer shall purchase and keep the commodity at a place of business in compliance with the county building/zoning ordinances, until transport for resale or other handling.

(4)

Following any sale of the agricultural commodity by the buyer, the proof of ownership certificate form shall be retained by the buyer for a period of two years from the date of each sale. Each buyer shall also retain any records pertaining to the resale of agricultural commodities to which the proof of ownership certificate form pertains, for a period of two years.