Sec. 22-277. Licensing and supervision of commission sales stables. Branding and identification of animals. Bond required.
Sec. 22-277. Licensing and supervision of commission sales stables. Branding
and identification of animals. Bond required. (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 fifty 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
arriving at a sale from outside the state shall comply with section 22-304 and be accompanied by a health certificate issued by the livestock official of the state of their origin and
by a permit from the commissioner. All animals offered for dairy or breeding purposes
over six months of age shall be identified by an official ear tag, a tattoo or by registration
papers. All female dairy or breeding animals over six months of age shall have been
calfhood vaccinated against brucellosis. 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. 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 fined not more than two hundred dollars or imprisoned not more than thirty
days or both.
(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.
(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.)
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.