(a) No person shall be exempt from the requirements of this subchapter by reason of the provisions of § 17-49-202(5)(B) unless he or she or the driver of the motor vehicle upon which his or her property is being transported shall, upon the request of any state, county, or township officer sworn to preserve the peace, sign and swear to under oath before some person authorized by the laws of this state to administer oaths and deliver to the officer a statement in writing clearly showing that the person claiming the exemption is entitled to one (1) or more of the exemptions provided in this section.
(b) The Department of Finance and Administration or its duly authorized agents, or any highway patrolmen, sheriff, or other peace officer, for the purpose of the enforcement of this subchapter, shall have authority to administer oaths and take acknowledgments of the oaths.
(c) If the person claiming the exemption is not a natural person, the statement shall be signed and sworn to by some natural person authorized to act for it or the driver of the motor vehicle carrying the property. The statement shall not be sufficient unless it shall contain, in addition to any other necessary facts, the following of such facts as are material to the particular exemption claimed:
(1) The name of the person claiming the exemption and name of the person signing the statement;
(2) The business and residence addresses of both;
(3) Where and when the products described in § 17-49-202(5)(B)(ii) were produced or fed, the place where they are to be delivered if known, and the acreage operated by the person claiming the exemption;
(4) The location of the established place of business, how long there established, and whether the premises where located are owned or leased by the person claiming the exemption; and
(5) The kind of business there conducted.
(d) The officer receiving the statement shall promptly forward it to the department where it shall be filed and shall be a public record.
(e) Any person knowingly making any false, material statement in the statement shall be guilty of perjury and shall upon conviction be punished as provided by law.
Section: Previous 17-49-202 17-49-203 17-49-204 17-49-205 17-49-206 17-49-207 17-49-208 17-49-209 17-49-210 17-49-211 17-49-212 17-49-213 17-49-214 NextLast modified: November 15, 2016