Current through Register Vol. 50, No. 9, September 20, 2024
A. No person shall
operate a livestock auction without first obtaining a livestock auction market
permit from the board. Any person operating a livestock auction market without
a valid livestock auction permit will be in violation of this regulation and
subject to prosecution.
B.
Conditions for Issuing a Livestock Auction Market Permit
1. That proper bond has been posted with the
board as required by
R.S.
3:565, or it is properly bonded under the
U.S. Packers and Stockyards Act.
2.
The livestock auction market must provide the following:
a. adequate and sanitary housing for use of
state-federal personnel to conduct tests, including the rivanol test for
Brucellosis. This will include running water, adequate
lighting, sanitary plumbing facilities, heating and cooling when necessary and
refrigeration for biologics if the quantity to be kept on hand will warrant it.
Otherwise, state or federal personnel will furnish his own portable
refrigeration;
b. separate pens for
holding Brucellosis reactors;
c. adequate facilities and personnel to
separate and restrain livestock to enable the auction veterinarian and/or
representatives of the Livestock Sanitary Board to carry out the requirements
of this regulation.
3.
The auction operator agrees to operate the sale in conformity with the
requirements of this regulation.
4.
The day of the week approved by the board for the conduct of the sale must be
established prior to the issuance of the charter.
a. In the application for charter, the
applicant shall specify the day(s) of the week on which he desires to conduct
sales.
b. No requested sales day
shall be approved for any applicant if any established, chartered auction
market(s) located within a 50-mile radius of the applicant has received prior
board approval for the conduct of a sale on the same day of the week, provided
that the board may approve more than one sale on the same day of the week
within 50 miles of each other if the board finds that the types of livestock
being sold at each sale are substantially different and neither sale would
adversely affect the other.
c.
Whenever any established, previously chartered auction market desires to change
the day of the week approved by the board for the conduct of his sale, the
operator shall submit a request for a change of approved sales days at least 15
days prior to the desired change, which request shall include, but not be
limited to, the following information:
i. day
of the week previously approved for the sale;
ii. day of the week for which approval is
sought; and
iii. statement
identifying reasons for the requested change, specific benefits which are
expected to accrue to producers and buyers, and proposed allocation of board
personnel to handle the change of sales day. If the established market desires
to change the approved sales day to the same day previously approved for
another established auction market within a 50-mile radius, the operator shall
submit the same statement as required by
§131. B.4 b
d. In any case where two or more
chartered markets located within a 50-mile radius desire to conduct sales on
the same day of the week, and the statement required under
§131. B.4.b is not filed
by all such chartered operators, the board shall establish the day of the week
on which each operator shall conduct his sale.
C. Duration of Livestock Auction Market
Permit. A livestock auction market permit shall be renewable on January 1 of
each year, provided proper and adjusted bonds are kept in full force and effect
and the livestock auction market is being operated in full compliance with the
provisions of §305, as determined by the board.
D. Cancellation of Livestock Auction Market
Permit. A livestock auction market permit may be canceled upon notice from the
board if the operation does not meet the requirements of §305
E. Duties of an auction veterinarian and/or
state-federal personnel:
1. to represent the
board in the enforcement of §305;
2. to observe all livestock being offered for
sale and to detect any showing or visible symptoms of disease so that these
animals may be observed by a veterinarian and could be rejected and returned to
the owner's premises;
3. to draw
blood samples on all cattle for testing by state-federal personnel for
Brucellosis as provided for in this regulation;
4. to vaccinate all livestock as provided for
in this regulation;
5. to examine
certificates covering livestock to be sold or exchanged through the livestock
auctions when such certificates are required;
6. to make such reports as may be required by
the state veterinarian to the board;
7. it will be the responsibility of the
auction market to employ an accredited veterinarian to issue health
certificates as required;
8. the
auction veterinarian and/or state-federal personnel may determine the age of
cattle tested for
Brucellosis and sold through livestock
auctions and auction market personnel will indicate by paint mark on the hip,
as follows:
a. 1 through 5;
b. F (full mouth) or FM;
c. S (smooth mouth);
d. O (broken mouth).
F. Sanitary Requirements
1. After the occurrence of an infectious or
contagious disease in a livestock auction market, it must be cleaned and
disinfected in an approved manner with a disinfectant before livestock will be
permitted to enter the establishment for any purpose.
2. Representatives of the board shall have
full authority to require auction operators to make specific changes to improve
sanitation.
3. Floors of all swine
pens and runs must be of concrete and properly drained and must be thoroughly
cleaned and disinfected with an approved disinfectant after each
sale.
G. General
Livestock Health Requirements
1. All
livestock auction markets shall be prohibited from selling or offering for sale
any animal that manifests symptoms of illness unless such animal is to be sold
for immediate slaughter. These diseased and exposed animals, except
Brucellosis reactors which are specifically governed by
§111. G 2, shall be
immediately isolated, and identified and returned, under quarantine, directly
to the premises of the original owner at the owner's expense; consigned
directly to a recognized slaughter establishment maintaining meat inspection;
or consigned directly to a rendering plant.
2. All brucellosis reactor cattle shall be
branded with the letter B on the left jaw and all brucellosis exposed cattle
shall be identified with a 3 inch hot brand on the tail head with the letter S.
All reactor and exposed cattle shall be separated from other cattle, placed in
separate quarantine pens or stalls identified by quarantine sign. Reactor
cattle shall be sold to an approved slaughter establishment for immediate
slaughter only. Exposed cattle may be sold to state-federal approved
quarantined feedlots or to an approved slaughter establishment for immediate
slaughter.
3. The Livestock
Sanitary Board, U.S. Department of Agriculture, auction operator and auction
veterinarian are not responsible for losses or injury incurred by livestock
while carrying out the requirements of this regulation at livestock auction
markets.
4. Livestock purchased for
immediate slaughter only, and thereby exempted from one or more health
requirements of this regulation cannot be diverted for any other purpose. Any
person who violates this provision is subject to prosecution.
5. Auction operators will be in violation of
the board's regulations if livestock that is to be sold for immediate slaughter
is sold to anyone other than authorized buyers.
H. Livestock auction markets must maintain
complete records of all transactions for a period of 12 months. The records
must be kept in such a manner that all livestock can be traced from the seller
to the purchaser, and include the name and complete address of the seller and
purchaser. The records must also include the weight, backtag number, and price
of the livestock. These records shall be made available to representatives of
the Livestock Sanitary Board upon request.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
3:662,
R.S.
3:665,
R.S.
3:2221, and
R.S.
3:2093.
