(1) It is unlawful and a violation of this article 37 for any person to:
(a) Make fraudulent charges or returns for the handling, sale, or storage or for the rendering of any service in connection with the handling, sale, or storage of any farm products. Violation of this subsection (1)(a) shall constitute a class 6 felony.
(b) Willfully fail or refuse to render a true account of sales or storage or to make a settlement thereon or to pay for farm products received within the time and in the manner required by this article 37. Violation of this subsection (1)(b) shall constitute a class 6 felony.
(c) Intentionally make false or misleading statements as to the market conditions for farm products or false or misleading statements as to the condition, quality, or quantity of farm products received, handled, sold, or stored. Violation ofthis subsection (1)(c) shall constitute a class 6 felony.
(d) Engage in fictitious sales, in collusion, or in unfair practices to defraud the owners. Violation of this subsection (1)(d) shall constitute a class 6 felony.
(e) Act as a dealer, small-volume dealer, or agent without having obtained a license or act as a dealer without having filed a surety bond or an irrevocable letter of credit, as provided in this article 37. Violation of this subsection (1)(e) shall constitute a class 6 felony.
(f) Willfully convert to his or her own use or benefit the farm products of another. Violation of this subsection (1)(f) shall constitute theft, as defined in section 18-4-401.
(g) Commit fraud or deception in the procurement or attempted procurement of a license. Violation of this subsection (1)(g) shall constitute a class 1 misdemeanor.
(h) Fail to comply with any lawful order of the commissioner concerning the administration of this article 37. Violation of this subsection (1)(h) shall constitute a class 1 misdemeanor.
(i) Interfere with or hinder an authorized representative of the commissioner while performing his or her duties under this article 37. Violation of this subsection (1)(i) shall constitute a class 1 misdemeanor.
(j) If licensed as a dealer or small-volume dealer, sell farm products for less than the current market price to any person with whom the dealer has any financial connection, directly or indirectly, either as an owner of the corporate stock of a corporation, as a copartner, or in any other capacity, or sell any farm products out of the purchase price of which said dealer or small-volume dealer receives, directly or indirectly, any portion thereof other than the commission allowed in section 35-37-114. Violation of this subsection (1)(j) shall constitute theft, as defined in section 18-4-401.
(k) Act as a dealer, small-volume dealer, or agent and, with intent to defraud, make, draw, utter, or deliver any check, draft, or order for the payment of money upon any bank or other depository to the owner for the purchase price of any farm products or any part thereof upon obtaining possession or control thereof, when at the time of the making, drawing, uttering, or delivery the maker or drawer has not sufficient funds in or credit with the bank or other depository for the payment of the check, draft, or order in full upon its presentation. The making, drawing, uttering, or delivery of the check, draft, or order shall be prima facie evidence of an intent to defraud. "Credit", as used in this subsection (1)(k), means an arrangement or understanding with the bank or depository for the payment of the check, draft, or order. Violation of this subsection (1)(k) shall constitute fraud by check, as defined in section 18-5-205.
(l) If acting as a dealer who has signed an affidavit in accordance with section 35-37-105 (1)(a)(I), fail to make payment in cash or by one of the other means specified in section 35-37-106 (1)(e) for any transaction without first complying with the bonding requirements of section 35-37-106. Violation of this subsection (1)(l) shall constitute a class 1 misdemeanor.
(m) If licensed as a small-volume dealer, purchase twenty thousand dollars' worth or more of farm products in one year from the owner for processing or resale or purchase two thousand five hundred dollars' worth or more of farm products in any single transaction from the owner for processing or resale. Violation of this subsection (1)(m) shall constitute a class 1 misdemeanor.