(a)As used in this section, “livestock animal” means any camelid or hooved animal raised for domestic or commercial use. The Commissioner of Agriculture shall supervise commission sales stables where livestock animals are sold at public auctions. Any person, firm or corporation engaged in the business of selling livestock animals at such auctions or sales shall annually apply to said commissioner for a license upon a form to be prescribed by the commissioner. The fee for each such license shall be one hundred ninety dollars, payable to said commissioner. Each such license shall be issued for the period of one year from July first and may be revoked for cause. If, in the judgment of the commissioner, any provision of this section has been violated, the commissioner shall send notice by reg
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(a) As used in this section, “livestock animal” means any camelid or hooved animal raised for domestic or commercial use. The Commissioner of Agriculture shall supervise commission sales stables where livestock animals are sold at public auctions. Any person, firm or corporation engaged in the business of selling livestock animals at such auctions or sales shall annually apply to said commissioner for a license upon a form to be prescribed by the commissioner. The fee for each such license shall be one hundred ninety dollars, payable to said commissioner. Each such license shall be issued for the period of one year from July first and may be revoked for cause. If, in the judgment of the commissioner, any provision of this section has been violated, the commissioner shall send notice by registered or certified mail to the licensee, who shall be given a hearing, and, if violation is proven, the license shall be revoked. If a license to deal in livestock, issued to any person, firm or corporation by another state, has been suspended or revoked by such state within five years next preceding the date of issuance or renewal of a license to such person, firm or corporation under the provisions of this section, such suspension or revocation shall constitute just cause for revocation under this section. All dairy animals to be sold at such auction shall be segregated from beef animals prior to such sales. The sale of dairy animals shall precede the sale of those assigned for slaughter. All bovines more than three hundred pounds in weight, except dairy and breeding animals, that are delivered to a sale shall be branded with the letter “S” in a conspicuous place or identified in a manner acceptable to the commissioner or the commissioner's designee by the operator of the sale or the operator's representative. All dairy and breeding animals from within the state arriving at a sale shall be from a herd that: (1) Is under state supervision for the control of brucellosis and tuberculosis and that has been tested for brucellosis and tuberculosis less than fourteen months before the sale, (2) has been tested for tuberculosis less than fourteen months before the sale and is regularly tested under the brucellosis ring test program of the Department of Agriculture, or (3) is certified to be brucellosis-free under the program established pursuant to section 22-299a. All dairy and breeding animals which are not cosigned for immediate slaughter, arriving at a sale from outside the state shall comply with chapter 433 and be accompanied by a health certificate issued by the livestock official of the state of their origin and by an import permit from the commissioner or, alternatively, such dairy or breeding animals shall be examined by a licensed accredited veterinarian who shall issue an interstate health certificate for such animal at the expense of the licensee. All animals offered for dairy or breeding purposes shall be identified by an official ear tag, or by a breed registration number if accompanied by the corresponding breed registration certificate. Animals consigned for slaughter shall be sold only to owners or agents of slaughtering establishments and moved directly to such slaughtering establishments for immediate slaughter or slaughter that occurs not later than seventy-two hours after the time of sale. All stables and sales rings shall be kept clean and shall be suitably disinfected prior to each sale. The provisions of this section shall not apply to the sale of an individual herd at an auction conducted by the owner thereof. Any person, or any officer or agent of any corporation, who violates any provision of this section or who obstructs or attempts to obstruct the Commissioner of Agriculture or the commissioner's deputy or assistants in the performance of their duty, shall be guilty of a class D misdemeanor. (b) Any person, firm or corporation licensed pursuant to subsection (a) of this section shall make, execute and thereafter maintain on file with the Commissioner of Agriculture a bond to the state, satisfactory to the commissioner, to secure the performance of obligations incurred in this state or in lieu thereof, and a bond filed with the United States Department of Agriculture in the amount as required herein, pursuant to the provisions of the Packers and Stockyards Act (7 USC 181 et seq.). The amount of each such bond shall be based on the amount of one average sale of such person, firm or corporation. One average sale shall be computed by dividing the total yearly gross receipts from the sale of all livestock during the preceding twelve months by the number of sales during such time, provided the number of sales used to compute one average sale shall not be greater than one hundred thirty. If the amount of one average sale is ten thousand dollars or less the amount of the bond shall be ten thousand dollars. If the amount of one average sale is more than ten thousand dollars but not more than twenty-six thousand dollars, the amount of the bond shall be not less than the next multiple of two thousand dollars above such amount. If the amount of one average sale is more than twenty-six thousand dollars but not more than thirty thousand dollars, the amount of such bond shall be thirty thousand dollars. If the amount of one average sale is more than thirty thousand dollars, the amount of the bond shall be not less than the next multiple of five thousand dollars above such amount. (c) Any person, firm or corporation licensed pursuant to subsection (a) of this section shall maintain accurate records of the name and address of the seller and buyer of livestock, the name of the livestock dealer, broker or transporter and any other party involved in each transaction, the official identification for each animal, and the destination or other disposition for each animal entering the premises of the commission sales stables. Such records shall be maintained at the commission sales stable for a period of three years from the date of sale. Such records or copies of such records shall be made available to the commissioner, or the commissioner's designated representative for inspection not later than twenty-four hours after notice to the licensee of such request. Any person who: (1) Fails to provide the requested documentation to the commissioner, or the commissioner's designated representative; (2) obstructs the commissioner or the commissioner's designated representative in the performance of the department's duties pursuant to this section; or (3) intentionally provides false or misleading information to the commissioner or the commissioner's designated representative, shall be fined not more than one hundred dollars per day until the requested, accurate and complete information is provided to the commissioner or the commissioner's designated representative. (d) The sale of wild animals, captive cervidae, pets and companion animals including pet birds and all Psittacine birds is prohibited. The sale of equines shall comply with chapter 438a including obtaining any required licenses. The sale of poultry shall comply with chapter 434 including obtaining any required licenses. (e) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section. Such regulations may include, but are not limited to, requirements for access to on-site inspections by the commissioner or the commissioner's designated representative, specifications concerning the keeping and maintenance of required records and access to such records, animal identification standards, requirements concerning livestock and domestic poultry originating from out of state, animal segregation requirements, animal health, care and handling standards, sanitation standards, facility design and construction requirements, requirements for animals raised for food or fiber production other than livestock, and the establishment of penalties for any violation of the provisions of this section that do not otherwise have a prescribed penalty.
(1949 Rev., S. 3324, 3368; 1951, S. 1806d; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 21; 872, S. 446, 448; P.A. 76-204, S. 1, 2; P.A. 80-114; P.A. 81-231, S. 5, 6; P.A. 84-55; May Sp. Sess. P.A. 92-6, S. 48, 117; P.A. 99-110, S. 4; P.A. 00-26, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1; P.A. 06-19, S. 8; June Sp. Sess. P.A. 09-3, S. 294; P.A. 12-80, S. 76; P.A. 17-133, S. 1; P.A. 23-187, S. 27.) History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 acts replaced commissioner of agriculture and natural resources with commissioner of agriculture and required that animals consigned for slaughter be sold solely to slaughtering establishments and moved directly to such establishments for immediate slaughter; P.A. 76-204 substituted “livestock” animals for “bovine” animals and defined the term and added Subsec. (b) re required scales and regulations re scales, recording of animals' weights, etc.; P.A. 80-114 added Subsecs. (c) and (d) re required bonds and regulations generally; P.A. 81-231 amended Subsec. (a) by making suspension or revocation within the previous five years by any state cause for revocation of a license under this section; P.A. 84-55 amended Subsec. (a) by adding provisions that bovines be branded, that dairy and breeding animals be from state supervised herds or have health certificate from state of origin and permit from commissioner, that they have identification and that female dairy and breeding animals be vaccinated against brucellosis; May Sp. Sess. P.A. 92-6 amended Subsec. (a) to increase the license fee from $75 to $150 and the fine from not more than $100 to not more than $200; P.A. 99-110 deleted former Subsec. (b) which governed scales used in commission livestock sales and deleted former Subsec. (d) which required adoption of regulations to implement this section, relettering former Subsec. (c) accordingly; P.A. 00-26 made a technical change in Subsec. (b); June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 06-19 amended Subsec. (a) to redefine “livestock animal” to include camelids and authorize bovines more than 300 pounds that are delivered to a sale to be identified in a manner acceptable to the commissioner or the commissioner's designee; June Sp. Sess. P.A. 09-3 amended Subsec. (a) to increase fee from $150 to $190 and to make a technical change; P.A. 12-80 amended Subsec. (a) to replace penalty of a fine of not more than $200 or imprisonment of not more than 30 days or both with a class D misdemeanor and make a technical change; P.A. 17-133 amended Subsec. (a) by replacing reference to permit with reference to import permit re dairy and breeding animals arriving at sale from outside state, replaced “All animals offered for dairy or breeding purposes over six months of age shall be identified by an official ear tag, a tattoo or registration papers” with “All animals offered for dairy or breeding purposes shall be identified by an official ear tag, or by a breed registration number if accompanied by the corresponding breed registration certificate”, deleting provision re calfhood vaccination against brucellosis, and added “or slaughter that occurs not later than seventy-two hours after the time of sale” re animals consigned for slaughter to be moved to slaughtering establishments, added Subsec. (c) re maintaining records, added Subsec. (d) re sale of wild animals, captive cervidae, pets and companion animals, and added Subsec. (e) re adoption of regulations; P.A. 23-187 amended Subsec. (a) to add reference to dairy and breeding animals not consigned for immediate slaughter, deleted reference to Sec. 22-304, added reference to Ch. 433, and added provision re inspection of such dairy or breeding animals by a licensed accredited veterinarian who shall issue an interstate health certificate for any such animal, effective June 28, 2023.