Minn. R. 1500.1401 - UNFAIR TRADE PRACTICES
It is unlawful in or in connection with any produce transaction:
A. for a wholesale
produce dealer to make, for a fraudulent purpose, a false or misleading
statement in connection with a transaction involving produce, including
statements made to induce a person to sign a contract;
B. for a wholesale produce dealer to
misrepresent by word, act, mark, stencil, label, statement, or deed, the
character, kind, grade, quality, quantity, size, pack, weight, condition,
degree of maturity, or origin of any produce received, shipped, sold, or
offered to be sold;
C. for a
wholesale produce dealer, for a fraudulent purpose, to remove, alter, or tamper
with a card, stencil, stamp, tag, or notice placed upon a container or railroad
car containing produce, if the card, stencil, stamp, tag, or notice contains a
certificate or statement under authority of a federal or state inspector or in
compliance with a federal or state law or regulation as to the grade or quality
of the produce contained in the container or railroad car;
D. for a wholesale produce dealer to use
coercion, intimidation, the threat of retaliation, or the threat of contract
termination to impose, demand, compel, or dictate the terms, payment or manner
of payment, or the signing of a contract by a producer;
E. for a wholesale produce dealer, without
the consent of an inspector, to make, cause, or permit to be made any change by
way of substitution or otherwise in the contents of a load or lot of produce
after it has been officially inspected for grading and certification. This does
not prohibit resorting and discarding inferior produce; or
F. for a processor to commit to pay an amount
less than the full contract price if the crop produced is satisfactory for
processing and is not harvested for reasons within the processor's control. If
the processor sets the date for planting, bunching, unusual yields, or a
processor's inability or unwillingness to harvest are considered to be within
the processor's control. Under this item, growers must be compensated for
passed acreage at the same rate they would have received had the crop been
harvested minus any contractual provision for green manure or feed value. Both
parties are excused from payment or performance for crop conditions that are
beyond the control of the parties.
Notes
Statutory Authority: MS s 27.14
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.