Chapter 22 - Livestock Markets
CHAPTER 22 - LIVESTOCK MARKETS
11-22-101. Definitions; exceptions to provisions.
(a) As used in this act:
(i) "Board" means the Wyoming livestock board;
(ii) "Livestock" means horses, mules, cattle, swine,sheep and goats. Bison are considered livestock unless otherwise designated bythe board and the Wyoming game and fish commission;
(iii) "Livestock market" means a place operated forprofit as a public market, consisting of pens or enclosures and theirappurtenances, in which livestock are received, held for sale, sold or offeredfor sale at either public auction or private sale, except that this act doesnot apply to:
(A) Any place used solely for a dispersal sale of the livestockof a farmer, dairyman, livestock breeder or feeder who is discontinuingbusiness;
(B) Repealed by Laws 2006, Chapter 27, 4.
(C) Any place where an association of breeders of livestockassembles, offers for sale and sells under its own management registeredlivestock or breeding sires, if the association assumes all responsibility ofthe sale and guarantees title to the livestock and arranges for the properinspection of all animals sold.
(iv) "Livestock dealer" means:
(A) Any person engaged in the business of buying or sellinglivestock in commerce, either for his own account or as an employee or agent ofthe seller or buyer; or
(B) Any person who engages in the regular business of buying orselling livestock in commerce on a commission basis as set forth in rules bythe Wyoming livestock board. This paragraph is repealed effective June 30,2016.
(v) "Livestock dealer" does not include any personwho buys or sells livestock as part of his own bona fide breeding, feeding,showing, dairy, meat or wool production operation; any person who takes asecurity interest, including liquidation of that interest, in livestock in theordinary course of his business; or any person who buys occasionally but not asa part of his regular business as set forth in rules promulgated by the Wyominglivestock board. This paragraph is repealed effective June 30, 2016;
(vi) "This act" means W.S. 11-22-101 through11-22-119.
11-22-102. Board authorized to adopt and publish rules.
The board shall adopt and publishreasonable rules and regulations necessary for the administration of this act.
11-22-103. License; requirements therefor.
Upon making a satisfactory writtenstatement to the board of financial responsibility and ownership or control ofadequate facilities for the care, sorting, feeding, loading, unloading andshipment of livestock for the operation of a livestock market, and tenderingthe fee prescribed, any person may procure a license from the board toestablish and operate within Wyoming for one (1) year a livestock market.
11-22-104. License; requirement; fees generally; expiration; renewal;effect of refusal of issuance or renewal.
No person shall operate a livestock marketwithin Wyoming without first procuring a license from the board and paying afee of one hundred dollars ($100.00). Each license issued shall expire on April30 next after the issuance of the license. If a license is obtained on or afterSeptember 1 of any year, the person obtaining same shall pay a fee inproportion to the number of months of the year remaining until April 30. Thelicense may be renewed by eligible applicants prior to May 1 each year uponapplication and payment of the required fee. An application for a license tooperate a livestock market shall be in writing upon a form furnished by theboard, and shall be accompanied by the required fee. If the board does notissue a license or renewal, the fee shall be returned to the applicant.
11-22-105. License; disposition of fees; payment of expenses.
All license fees collected under this actshall be deposited in the state general fund. Expenses incurred in theadministration of this act shall be paid out of a general fund appropriation asprovided by law.
11-22-106. License; cancellation.
(a) The following are grounds for cancellation of the licenseto operate a livestock market if the board finds:
(i) The licensee has violated this act, any rule or regulationproperly adopted hereunder, any law of Wyoming or official rule or regulationmade pursuant thereto governing the interstate or intrastate movement, shipmentor transportation of livestock or the requirements for brand or healthinspection;
(ii) The licensee is guilty of fraud or misrepresentation as tothe titles, brands or ownership of livestock;
(iii) The licensee is guilty of buying, receiving or offering forsale any livestock known by him to be diseased or to have been exposed toinfectious or contagious disease;
(iv) The licensee has failed or refused to practice measures ofsanitation and inspection required by this act or by any rule or regulation ofthe board concerning premises or vehicles used for stabling, yarding, housing,holding or transporting animals in the operation of a livestock market;
(v) The licensee has neglected or refused to keep recordsrequired by this act, or rules or regulations of the board, or fails or refusesto permit inspection of such records by any authorized agent of the board;
(vi) The licensee has failed or refused to withhold saleproceeds of any livestock designated by the brand inspector as havingquestionable title, or the licensee has failed or refused to transmit promptlyto the board, after expiration of sixty (60) days, the proceeds of livestock towhich ownership has not been established, in accordance with W.S. 11-22-116;
(vii) The licensee is carrying on the business of a livestockmarket without filing and maintaining a valid surety bond in conformity withW.S. 11-22-107;
(viii) The licensee is carrying on the business of a livestockmarket while his current liabilities exceed his current assets;
(ix) The licensee willfully makes or causes to be made any falseentry or statement of facts in any application, financial statement or reportfiled with the board; or
(x) The licensee or operator of any livestock market hasnegligently remitted the proceeds of sale of any livestock subject to brandinspector tally, consigned and delivered to the licensee for sale, to anyperson other than the owner of the livestock, without the prior and expresswritten direction and approval by the owner of the livestock. If a licensedmarket licensee or operator has express notice that any livestock consigned forsale are mortgaged or subject to other security agreement, all remittances ofproceeds of sale shall be made in the name of the owner and the party holdingthe mortgage or security agreement.
11-22-107. License; bond required; approval; filing; statement in lieuof bond; action on bond; termination of bond; copies of license and bond asevidence.
(a) No license or renewal of license to operate a livestockmarket within Wyoming shall be issued until the applicant has executed to thestate of Wyoming a bond in the penal sum of twenty-five thousand dollars($25,000.00) upon a form prescribed by the board, with surety approved by theboard, conditioned for the payment of all money received by the licensee andoperator of the livestock market to the rightful owner of the livestockconsigned for sale, or to any other person entitled to receive the proceeds ofthe sale, less reasonable expenses and agreed commissions, forthwith upon thesale of the livestock. The bond shall also be conditioned for full compliancewith all of the terms and requirements of this act, shall be approved andaccepted by the board and approved as to form by the attorney general ofWyoming. When so approved, the bond shall be filed with the secretary of state.
(b) In lieu of the bond required by subsection (a) of thissection, the applicant shall file a statement in the form prescribed by theboard evidencing that he is registered and maintaining a valid and effectivebond of or in excess of twenty-five thousand dollars ($25,000.00) or itsequivalent under the provisions of the Packers and Stockyards Act 1921 (7U.S.C. 181 et seq.). The statement shall name the executiveofficer of the board as trustee, and shall include a copy of the bond, to befiled with the secretary of state. Actions at law may be brought in the name ofthe state upon any such bond by any aggrieved party, for the use and benefit ofany person who suffers loss or damage from violations thereof. Each bond filedwith the board shall be conditioned that the bond cannot be terminated excepton at least thirty (30) days prior notice in writing to the board by the partyterminating the bond. Copies of any such license and bond, certified by theexecutive officer of the board, may be procured upon payment of a fee of onedollar ($1.00) each, and shall be received as competent evidence in any courtin Wyoming.
11-22-108. License; certified copy; fee; posting.
A certified copy of a license may beprocured by the holder of the original upon payment of one dollar ($1.00), andthe original or certified copy of the license shall be posted during saleperiods in a conspicuous place on the premises where the livestock market isconducted.
11-22-109. Investigations of sales; filing charges; hearing; noticethereof.
The executive officer of the board may makeor have an investigation made of the sales and transactions of any livestockmarket and the conditions under which its business is conducted. If he findsprobable cause, he shall file charges against the licensee and operator withthe board, and the charges shall be set down for hearing before the board uponten (10) days notice served upon the licensee.
11-22-110. Sanitation; veterinarian supervision required.
Every livestock market shall be maintainedin a sanitary condition, and that portion which is used for handling hogs shallbe cleaned and disinfected after each day's sales with disinfectant approved bythe board, under the supervision of a veterinarian authorized by the board.
11-22-111. Scales; inspection and testing.
All scales used in the operation of alivestock market must be inspected and tested by the state superintendent of weightsand measures, who may make reasonable rules and regulations relative to themethod of weighing livestock at all livestock markets. All livestock sold byweight must be weighed on scales.
11-22-112. Records of receipts and sales; availability for inspection.
Operators of all livestock markets shallkeep an accurate record of the date on which each consignment of animals wasreceived and sold, the name and address of the buyer and seller, the number andspecies of the animals received and sold, and the marks and brands on eachanimal. The records, together with the gross selling prices, commission andother care, handling and sales charges on each consignment shall be availablefor inspection by the executive officer of the board, his deputy or authorizedinspector. A copy shall be supplied to the owner of the livestock. All recordsof sales during preceding months shall be kept readily accessible for immediateexamination.
11-22-113. Inspection of livestock and goats; report on unbrandedcalves.
(a) All livestock and goats entering a livestock market shallbe inspected for health and all livestock except swine and goats shall beinspected for brands before being offered for sale. The health inspection shallbe made by a veterinarian approved by the board and appointed by the executiveofficer of the board as an authorized veterinarian for livestock markets. Thebrand inspection shall be made by a brand inspector.
(b) The Wyoming livestock board shall require from brandinspectors employed at all Wyoming livestock markets a monthly report of allunbranded calves of the beef breeds that are not accompanied by their mothers,inspected prior to sale. The report shall show for each consignment of suchcalves the date and place of sale, the county of origin, the name and addressof consignor and the number of calves inspected and sold.
(c) Repealed by Laws 1990, ch. 87, 3.
11-22-114. When removal of livestock from establishment permitted.
It is unlawful for the operator of alivestock market to permit the removal of any livestock from the establishmentuntil it has been treated in accordance with the rules and regulationsprescribed by the board. In cases of livestock destined interstate, the healthcertificate shall show that the livestock has been inspected in accordance withthe requirements of the state of destination. All fees for veterinaryinspection, treatment and services shall be collected by the operator of thelivestock market and paid to the veterinarian in the manner prescribed by theboard.
11-22-115. Removal of veterinarian.
The executive officer of the board mayremove any authorized veterinarian whenever he finds that his work is notperformed in conformity with this act and the rules and regulations of theboard.
11-22-116. Warranty of title; disposition of proceeds from sale;receipt by board.
The operator of each livestock market inthis state shall warrant to the purchaser the title of all livestock soldthrough the market and is liable to the owner for the net proceeds in cashreceived for the livestock sold. When notified by the brand inspector thatthere is a question as to whether any designated livestock sold through thering is lawfully owned by the consignor, the market operator shall hold theproceeds received from the sale of the livestock for a reasonable time, not toexceed sixty (60) days, to permit the consignor to establish ownership. If atthe expiration of that time the consignor fails to establish his lawfulownership of the livestock to the satisfaction of the brand inspector, theproceeds shall be transmitted by the operator to the board. The board maydispose of the proceeds in accordance with the law relating to the distributionof estray money, and the board's receipt shall relieve the operator fromfurther responsibility for the proceeds.
11-22-117. Dispersal sales.
All dispersal sales made at livestockmarkets shall meet the requirements prescribed for other livestock passingthrough such markets.
11-22-118. Registration of livestock dealers; records; repeal.
(a) Livestock dealers shall be registered with the board. Registration shall include the livestock dealer's address, phone number andpremise identification number of their place of business if available.
(b) A livestock dealer shall maintain for a period of two (2)years brand inspection forms, all certificates of veterinary health inspection,all disease test charts and bills of sale showing purchase and sale of alllivestock. Information showing purchase or sale prices may be redacted fromthese records. A livestock dealer shall make the records available to theboard as part of any contagious disease outbreak investigation. The board mayrandomly audit up to ten percent (10%) of the livestock dealers annually tomonitor for compliance.
(c) After giving due notice and opportunity for hearing inaccordance with the Wyoming Administrative Procedure Act, the board shall havethe authority to deny an application for registration or to suspend or cancelthe registration of a livestock dealer if:
(i) There is adequate evidence to establish the livestockdealer had intent to violate or circumvent the record keeping requirements ofthis section or other animal health regulations; or
(ii) The livestock dealer has repeatedly demonstrated anunwillingness to keep records as required by subsection (b) of this section.
(d) Records obtained by the board pursuant to subsection (b) ofthis section are privileged and confidential commercial information forpurposes of the Wyoming Public Records Act, W.S. 16-4-201 through 16-4-205.
(e) This section is repealed effective June 30, 2016.
11-22-119. Penalty.
Any person who violates W.S. 11-22-101through 11-22-118 or any rule or regulation adopted by the board pursuant tothis act shall be punished as provided in W.S. 11-1-103.