Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Permits.
A. A person may not operate or
conduct a community sale of livestock in Minnesota unless the person
has obtained an annual or single sale permit from the
board.
B. An annual
permit may be issued to a sale manager who holds regularly scheduled
livestock sales throughout the year at a specified
location.
C. A permit may
be issued for a single community sale upon receipt of a completed
application which specifies the date and the location of the
sale.
D. Violations of
Minnesota Statutes, chapter 35, or board rules by an applicant or
permit holder shall constitute grounds for the board to deny an
application for an annual or single sale permit or to revoke such a
permit. The board shall notify the applicant or permit holder of the
right to appeal the board's initial determination under the
Administrative Procedure Act, Minnesota Statutes, chapter
14.
E. Prior to issuance
of a permit, the sales premises shall be subject to inspection by a
representative of the board to determine compliance with subparts
3 and
4.
F. For sales where the presence of
an official veterinarian is required, an accredited veterinarian must
be designated by the sale manager and authorized by the board to act
as its representative prior to issuance of a permit.
Subp. 2.
Requirement for an official veterinarian.
An accredited veterinarian authorized by the board
must be present at each community sale of livestock and perform the
duties in subpart
6.
Subp. 3.
Requirements for sale premises.
Sale premises must meet the following
standards:
A. sales rings,
alleys, loading and veterinary chutes, livestock pens, and all other
buildings and structures located on the sales premises must be
well-constructed and maintained in good repair;
B. facilities for inspection of
livestock must be well-lighted;
C. the premises must be maintained
in a reasonably clean and sanitary condition at all times;
D. the water supply must be clean,
adequate, and operate under pressure; and
E. feed and water containers must
be metal, concrete, plastic, or constructed of other impervious
material that can be readily cleaned and disinfected.
Subp. 4.
Additional requirements for state-approved and state-federal
approved livestock markets.
In addition to the requirements specified in
subpart
3, state-approved
and state-federal approved livestock markets must meet the following
requirements:
A. sales
rings, alleys, testing chutes, and pens must be paved with cement or
other impervious materials; and
B. facilities must be provided for
testing and examining livestock.
Subp. 5.
Responsibilities of
sale managers.
At each community sale, the sale manager
shall:
A. retain the
services of an official veterinarian;
B. not permit the sale of livestock
until they have been inspected and found free from clinical signs of
infectious, contagious, or communicable disease by the official
veterinarian;
C. refuse
to accept livestock for sale when so ordered by the official
veterinarian;
D. submit
certificates of veterinary inspection from all animals originating
from outside of Minnesota for which a certificate of veterinary
inspection is required to the official veterinarian for their
approval before the animals are sold;
E. ensure that affidavits of
slaughter are completed and signed as outlined in subpart
8;
F. ensure that livestock sold to
persons in other states leave the sale with a certificate of
veterinary inspection;
G.
refuse to accept animals originating in other states for consignment
unless they meet all Minnesota import requirements;
H. ensure that all livestock at the
sale are identified as required by the board before being offered for
sale;
I. ensure that all
livestock at the sale are tested as required by the board before
being offered for sale; and
J. maintain records as described in
subpart
10.
Subp. 6.
Responsibilities of the official veterinarian.
As a representative of the board, the official
veterinarian shall perform the following duties for each community
sale:
A. prohibit the sale
of any animal that, in the veterinarian's opinion, is affected with
or shows clinical signs of infectious, contagious, or communicable
disease;
B. examine the
certificate of veterinary inspection for each animal for which a
certificate of veterinary inspection is required and prohibit the
sale of the animal if the certificate of veterinary inspection does
not meet the requirements of the board;
C. ensure that all livestock
offered for sale are tested as required by the board;
D. ensure that any animal
originating from outside the state meets all of Minnesota's import
requirements and prohibit the sale of animals which do not meet
Minnesota's import requirements;
E. write certificates of veterinary
inspection for animals moving interstate when required;
F. ensure that all livestock at the
sale are identified as required before being offered for
sale;
G. maintain tagging
records as outlined in part
1721.0030, subpart
4;
H. remove official slaughter back
tags when requested in accordance with subpart
9;
I. issue USDA veterinary services
form 1-27, Permit for Movement of Restricted Animals, when required
by the board; and
J.
report immediately to the board any violation of board
rules.
Subp.
7.
Exemption for intrastate poultry-only
sales.
Subparts
2,
3,
5, and
6 do not apply to a
community sale that meets all of the following conditions:
A. the only livestock handled at
the community sale are poultry or ratites;
B. poultry, ratites, or hatching
eggs that originate from flocks in other states are not allowed at
the sale;
C. poultry,
ratites, or hatching eggs are not allowed to leave the sale for
destinations in other states; and
D. the sale manager must ensure
that the requirements in part
1721.0310 are
met.
Subp. 8.
Affidavits required for breeding cattle sold for
slaughter.
A slaughter affidavit must be signed by the buyer
of breeding cattle sold for slaughter. In the affidavit a buyer must
designate the name of the slaughter establishment, state-federal
approved livestock auction market, or slaughter-only handling
facility to which the cattle will be moved and certify that the
cattle will be moved directly from the community sale to the
designated slaughter establishment, state-federal approved livestock
auction market, or slaughter-only handling facility with no diversion
to farm or ranch.
Subp.
9.
Removal of official slaughter back tags from
slaughter cattle.
Removal of official back tags from slaughter cattle
is prohibited unless the official veterinarian examines the cattle,
completes a slaughter tag removal form, and ensures that:
A. each animal is officially
identified;
B. all
official tag numbers for each animal are recorded on a form approved
by the board;
C. each
animal meets all testing and movement requirements; and
D. sale records allow the animal to
be traced back to the herd of origin.
Subp. 10.
Records.
A. The sales management shall
maintain records as described in subitems (1) to (5):
(1) a record of each animal handled
at the community sale which consists of:
(a) species, sex, and type of
animal;
(b) the origin
and destination of the livestock and name and address of both
consignor and consignee;
(c) the official identification
number of all livestock required to be identified correlated with the
origin and destination of the livestock and name and address of both
consignor and consignee; and
(d) date of transaction;
(2) tagging records for
any animal to which official identification is applied at the
community sale as outlined in part
1721.0030, subpart
4;
(3) copy of the veterinarian's
identification and tagging records;
(4) affidavits of slaughter;
and
(5) slaughter tag
removal forms.
B. Except as noted in item C,
records outlined in item A must be submitted to the board within five
days of the completion of the sale.
C. The records outlined in item A
may be maintained on site at the following entities:
(1) state-federal approved
livestock markets;
(2)
state-approved livestock markets; and
(3) annually permitted sales which
have been approved by the board to maintain records on
site.
Statutory Authority: MS s
35.03
