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Session Laws, 1973, Special Session
Volume 710, Page 1685   View pdf image
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MARVIN MANDEL, Governor                                      1685

AT ANY AUCTION SALE, ANY OWNED OF THE TOBACCO
SHALL HAVE 20 MINUTES AFTER A FINAL BID IS MADE UPON
ANY LOTS OF TOBACCO OFFERED FOR SALE BY THE OWNER, IN
WHICH TO ACCEPT OR REJECT THE FINAL BID. IF A BID IS
NOT REJECTED WITHIN THIS TIME LIMIT, THE SALE IS
FINAL.

(B) REJECTION OF TOBACCO BY BUYER.

EVERY BUYER ON THE WAREHOUSE FLOOR SHALL ACCEPT
THE TOBACCO AT THE AUCTION PRICE AT WHICH SOLD TO HIM,
AND MAY REJECT THE TOBACCO ONLY UNDER TERMS AND
CONDITIONS ESTABLISHED BY THE AUTHORITY.

(C)     PURCHASES BY OFFICERS, AUCTIONEERS, OR
EMPLOYEES OF COMMISSION SALES AGENCY.

AN OFFICER, AUCTIONEER, OR OTHER EMPLOYEE OF ANY
COMMISSION SELLING AGENCY MAY NOT PURCHASE ANY TOBACCO
FROM ANY SALES FLOOR SELLER LICENSEE FOR HIS OWN
ACCOUNT UNLESS HE IS THE OWNER OF THE TOBACCO. THIS
SECTION DOES NOT PREVENT ANY OFFICER, AUCTIONEER, OR
EMPLOYEE OF ANY AGENCY WHO PREVIOUSLY HAS BEEN
DESIGNATED AND WHO IS DIRECTLY IN CHARGE OF SALES,
FROM PURCHASING ANY TOBACCO FOR THE ACCOUNT OF THE
COMMISSION SELLING AGENCY.

(D)    RESALE OF TOBACCO PURCHASED BY COMMISSION
SELLING AGENCY AND CONSIGNED TO IT.

IF ANY COMMISSION SELLING AGENCY PURCHASES FOR ITS
OWN ACCOUNT ANY TOBACCO LAWFULLY CONSIGNED TO IT, THE
TOBACCO SHALL BE REOFFERED FOR SALE ON THE SAME SALES
FLOOR AT PUBLIC AUCTION DURING THE CURRENT MARKETING
SEASON, IF THE MARKET IS OPEN AT THE TIME.

REVISOR'S NOTE: This section presently appears as
Art. 48, §61 (c), (d), (e) , and (f) of the
Code. In subsections (a) and (c), the
reference to "producer" is proposed for
deletion because it is an ambiguous term. It
is used to refer to the person who personally
cultivates the crop and to the person who
owns the land on which they are grown. In
this section, use of the term producer is
superfluous because only the owner of the
tobacco or his agent sells it.

In subsection (b) the last sentence is
proposed for deletion because it appears as
new language in §7-207(5).

 

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Session Laws, 1973, Special Session
Volume 710, Page 1685   View pdf image
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