1. (a) Reporting requirements.

   1. (1) Each licensee shall submit a report as designated by the department and remit any fees due on a monthly basis; however, a licensee at his election may submit the required reports on a quarterly basis, provided that no fees are due. This report is due not later than the tenth day of the following month, if filed monthly, or not later than the tenth day of the following quarter, if filed quarterly. If a fee is due, then the amount of this fee must accompany the reporting forms. Each licensee shall keep a copy of this report on file at the facility for which he is licensed for a period of two years. Any licensee who fails to promptly submit required reports or pay required fees is subject to criminal penalties specified in the Texas Egg Law §132.081. A violation of this section is also subject to a civil or administrative penalty not to exceed $500 per violation. Each day a violation continues may be considered a separate violation for purposes of a penalty assessment. The department may also seek appropriate injunctive relief.
   2. (2) All resident dealer/wholesalers of eggs in the State of Texas must report all eggs purchased and/or produced and the total volume of eggs sold at wholesale and retail. The licensee shall list on this report all plants and/or persons from whom eggs were purchased and accurately indicate whether these eggs were purchased on a graded or ungraded basis. A fee as prescribed by §15.5 of this title (relating to Special Fees) on all sales of eggs on which the licensee established the first grade shall accompany this report.
   3. (3) The dealer/wholesaler operating in the State of Texas who obtains or purchases any eggs from a broker or the mercantile trade exchange is liable for the fee as prescribed by §15.5 of this title (relating to Special Fees) and the required labeling of said eggs, whether graded or ungraded. Furthermore, the Texas dealer/wholesaler shall be liable for the fee and labeling of any eggs purchased or obtained from an out-of-state packer that is not licensed with the State of Texas (whether said eggs are graded or ungraded). Any eggs of this nature received by a Texas dealer/wholesaler that do not bear a label which is in compliance with the labeling requirements of the Texas Egg Law and these rules shall be considered ungraded eggs.
   4. (4) It shall be the responsibility of the Texas dealer/wholesaler that receives out-of-state egg shipments from unlicensed packers to notify the department by way of the report. Upon receiving this information, the department will contact this packer and require that he be licensed with the State of Texas. Failure to comply shall result in immediate stop-sale of all further shipments of eggs from said packer into the State of Texas.
   5. (5) The nonresident dealer/wholesaler shall give a complete breakdown of all sales of graded and ungraded eggs into the State of Texas, listing the individual plant or person to whom eggs were sold and indicating whether these eggs were sold on a graded or ungraded basis. Accompanying the report shall be a check or money order for the amount of the fee as prescribed by §15.5 of this title (relating to Special Fees) on all eggs shipped into Texas on a graded basis.
   6. (6) All licensed processors in this state shall pay a fee as prescribed by §15.5 of this title (relating to Special Fees) on all shell eggs which they handle upon their first use or change in form of eggs processed by them.
   7. (7) All brokers licensed with the State of Texas shall itemize in their reports a true and complete list of all eggs brokered into and in the State of Texas. This list shall include the name and address of all persons from whom eggs were purchased and to whom they were sold and the amount of eggs involved in each transaction. Furthermore, said broker shall indicate whether said eggs were graded or ungraded.
   8. (8) All dealer/wholesalers and processors shall keep a monthly physical inventory of the total amount of eggs on hand at the end of each month; this record shall be kept on file at the facility for which he is licensed for a period of two years. This record shall be available and open for inspection by the department at all reasonable times.

2. (b) Invoice requirements.

   1. (1) Every licensed dealer/wholesaler and processor shall keep on file at the facility for which he is licensed, for a period of two years, a copy of all invoices of all eggs purchased (or production records if their own production) and sales. These invoices shall state the correct grade and size of eggs (if graded) or specify they were ungraded, the name and address of the person from whom eggs were purchased and to whom sold, also the number of dozens or cases included in each transaction and the date thereof.
   2. (2) Every licensed dealer/wholesaler and processor shall deliver with each transaction, sale or delivery, a signed invoice, stating the date, quantity, grade and size of eggs sold and shall keep a copy of each invoice for the same period as stated in paragraph (1) of this subsection.
   3. (3) Every licensed broker shall keep on file at the facility for which he is licensed, a true and complete record of all egg business transacted in or into the State of Texas. This record shall include the name and address of the person from whom eggs were purchased and to whom sold. It shall also state the date of each transaction and indicate the grade and size of said eggs. Ungraded eggs shall be identified accordingly. This information shall be kept on file for a period of two years.

Source Note:The provisions of this §15.9 adopted to be effective September 3, 1996, 21 TexReg 7965.