44-11-107 - Sale of livestock Regulations governing Inspection Diseased animals.

44-11-107. Sale of livestock Regulations governing Inspection Diseased animals.

(a)  Each community sale shall be under the direct supervision of a representative of the department. Except as otherwise provided in this chapter, no livestock known to be infected with or known to have been exposed to any contagious, infectious or communicable animal disease or infestation shall be consigned to or sold through any community sale. The representative shall inspect all livestock that is offered for sale and shall prohibit the movement of any animals that in the representative's opinion are diseased or that are likely to be carriers of disease, until final inspection is made by a qualified, accredited veterinarian, as to their condition. If, upon examination, an infectious, contagious or communicable disease or infestation is found, such animals may be sold only for immediate slaughter to a recognized slaughterer where veterinary inspection is maintained; or, the owner may, upon submission of an affidavit of ownership for at least sixty (60) days prior to sale date, return them to the original premises, where a strict quarantine must be maintained. The representative shall also issue or cause to be issued all necessary quarantines for such animals as are sold for immediate slaughter or are returned to the original premises. A copy of the quarantine shall be sent to the state veterinarian immediately following issuance, and instructions given the owner that the truck moving the quarantined animals to slaughter or returning them to the original premises must be cleaned and disinfected before being used again to transport livestock. The representative shall supervise the cleaning and disinfecting of the yards and pens at such time as may be necessary, using only those disinfectants approved by the animal disease eradication branch of the agricultural research service of the United States department of agriculture.

(b)  Except as otherwise provided in this chapter, no female cattle or bulls more than eight (8) months of age shall be removed from the premises where the community sale is conducted, except for immediate slaughter within ten (10) days, unless such cattle either:

     (1)  Have been tested for brucellosis and found negative within thirty (30) days prior to date of sale, and are accompanied by a certificate of health showing the results of the test;

     (2)  Are under thirty (30) months of age and were officially vaccinated against brucellosis with vaccine approved by the commissioner at not less than four (4) months nor more than eight (8) months of age, are positively identified and are accompanied by an official certificate of vaccination or have the official calfhood vaccination tattoo in the ear; or

     (3)  Are in a certified brucellosis-free herd at the time of the sale, and are accompanied by an official certificate of health so certifying.

Cattle that do not come within the above classifications must be tested and found negative to a brucellosis test before being released from the community sale yard. The owner may, upon submission of an affidavit of ownership for at least sixty (60) days prior to sale date, return the cattle to the original premises, and the entire herd placed under quarantine until tested for brucellosis.

(c)  All female cattle are classed as breeding cattle, and as such must comply with the requirements governing breeding cattle.

(d)  Community sales handling livestock during inclement weather shall be equipped with facilities for housing the livestock during the inclement weather. If livestock is held on the premises for more than ten (10) hours, then facilities for feeding and watering the livestock so held shall be provided.

(e)  In case any community sale sells livestock by weight, the scales upon which the livestock is weighed shall be regularly inspected and tested.

[Acts 1957, ch. 208, § 9; T.C.A., § 44-2307.]