Section .0100 ‑ Definitions And General Rules

Link to law: http://reports.oah.state.nc.us/ncac/title 02 - agriculture and consumer services/chapter 52 - veterinary/subchapter e/subchapter e rules.html
Published: 2015

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SUBCHAPTER 52E ‑ MARKETING OF LIVESTOCK

 

SECTION .0100 ‑ DEFINITIONS AND GENERAL RULES

 

 

02 NCAC 52E .0101          DEFINITIONS

These definitions are applicable throughout Chapter 52:

(1)           "Farm of Origin" means a farm or other

premise where an animal was born or on which it has been maintained for at

least 90 consecutive days immediately prior to movement.

(2)           "Recognized Slaughtering Establishment"

means any slaughter establishment operating under provisions of the federal or

state meat inspection acts and where ante‑mortem and post‑mortem

inspections are routinely performed.

(3)           "Breeding Swine" means any swine which

are maintained for breeding purposes, including sows which are parturient or

which have given birth to one or more litters of pigs and boars which are

uncastrated and which have reached a stage of maturity rendering the animal

capable of being used as a breeding animal, including those boars which through

age or infirmity are no longer suitable for such use.

(4)           "Feeder Swine" means any swine showing no

visible signs of infectious or communicable disease and weighing less than 150

pounds and which are moved from the farm of origin to an approved feeder pig

market to be assembled for resale as feeder swine or moved directly to another

premise for further feeding prior to slaughter.

(5)           "Slaughter Swine" means swine which are

consigned to a slaughter market or consigned directly to slaughter irregardless

of age, breed or sex.

(6)           "Immediate Slaughter" means slaughter

within seven days.

 

History Note:        Authority G.S. 106‑416;

Eff. April 1, 1984.

 

 

02 NCAC 52E .0102          RESOLD CATTLE

 

History Note:        Authority G.S. 106‑14; 106‑22(3);

106‑348; 106‑396; 106‑416;

Eff. April 1, 1984;

Repealed Eff. April 1, 1985.

 

 

 

02 NCAC 52E .0103          RESOLD CATTLE

(a)  When cattle for feeding or breeding purposes are

delivered to a public livestock market, the seller shall designate as

"resold" or "second‑handed" any cattle which have

been sold through any livestock market within the previous 21 days.  The seller

shall make this designation to the livestock market operator, his agent, or the

North Carolina Department of Agriculture livestock inspector in charge.

(b)  All resold or second‑handed cattle shall be

penned together and separate from farm fresh cattle.  The market operator shall

announce to the buyers that these are resold or second‑handed cattle when

they are offered for sale.

Note:  Violation of this Rule is a misdemeanor under G.S.

106‑417, and violators may be fined or imprisoned, or both, in the

discretion of the court.  In addition, a public livestock market license may be

revoked for violations of this Rule, pursuant to G.S. 106‑407.2.

 

History Note:        Authority G.S. 106‑416;

Eff. May 1, 1992.

 

 

 

 

 

SECTION .0200 ‑ PUBLIC LIVESTOCK MARKET REGULATIONS

 

02 NCAC 52E .0201          DAY AND TIME OF SALE

The regularly scheduled auction sales at public livestock

auction markets shall be held on a designated day or days, Monday through

Friday. The State Veterinarian may, on a minimum of two weeks written notice

from a market operator, issue a permit for a breeding cattle consignment sale

to be held on a Saturday.  Cattle consigned to sales held under this exemption

must be entered at the sales barn no later than 6:00 P.M. on the day preceding

the sale with each individual consignment confined to separate pens until the

required testing for brucellosis has been completed.  Cattle officially tested

as negative for brucellosis within 30 days prior to the sale may be entered at

the sales barn anytime prior to the sale.

 

History Note:        Authority G.S. 106‑408; 106‑416;

Eff. April 1, 1984.

 

 

 

02 NCAC 52E .0202          NOTIFICATION OF UNSATISFACTORY PAYMENT

Public livestock market operators shall notify the

Commissioner of Agriculture of unsatisfactory payment for livestock within 24

hours after having knowledge of such unsatisfactory payment.  The notification

will include the following:

(1)           the person on which the account is drawn and

address;

(2)           amount of unsatisfactory payment;

(3)           nature of unsatisfactory payment including payee,

bank; and address if applicable;

(4)           nature of collection action taken by the public

livestock market.

 

History Note:        Authority G.S. 106‑418.6;

Eff. April 1, 1984.

 

 

 

02 NCAC 52E .0203          FACILITIES FOR HANDLING LIVESTOCK

Proper facilities for handling, segregating, holding and

sale of livestock shall meet the following minimum requirements:

(1)           Facilities for Handling Breeder and/or Feeder

Swine.  Alleys and pens shall have properly drained floors of concrete or other

impervious material approved by the State Veterinarian or his authorized

representative.  The alleys shall lead directly from unloading docks to such

pens and shall be used by all feeder and/or breeder swine offered for sale.

(2)           Facilities for Handling Slaughter Swine.  When

slaughter swine are sold on the same day that feeder and/or breeder swine are

sold, separate facilities shall be provided for slaughter swine including

unloading docks, alleys and pens.  Alleys shall lead directly from unloading

docks to pens so that slaughter swine shall not come in contact with facilities

used by feeder and/or breeder swine.

(3)           Maintenance of Floors Required by this Rule.  All

floors of concrete or other impervious material referred to or required in

these Regulations shall be free of holes, cracks or depressions and shall be

properly drained and reasonably smooth so that they can be easily cleaned and

disinfected.  All other floors shall be properly drained, free of holes and

depressions and maintained in such a manner that they can be readily cleaned

and kept in a sanitary manner.

(4)           Facilities for Handling Livestock Other Than

Swine.  Sufficient unloading and loading docks, alleys and pens shall be

provided for yarding livestock in a safe and humane manner.  Docks, alleys and

pens shall be constructed in such manner so that they drain properly and may be

cleaned and/or disinfected as deemed necessary by the State Veterinarian or his

authorized representative.

(5)           Holding Pens and Restraining Chutes.  Sufficient

holding pens and restraining chutes suitable for restraining animals for

testing, tagging, branding and other procedures required in providing livestock

inspection service at stockyards shall be provided and maintained in a manner

acceptable to the State Veterinarian at each public livestock market selling

cattle.

(6)           Laboratory Facility.  All public livestock markets

selling cattle shall provide laboratory space for conducting brucellosis tests

acceptable to the State Veterinarian or his authorized representative.  The

laboratory shall be constructed so as to provide privacy for the person or

persons conducting the brucellosis tests.  It shall be constructed and equipped

so as to provide adequate ventilation, lighting, heating, and cooling. 

Refrigeration for brucellosis testing supplies and water with facilities for

washing testing equipment shall be readily available.  Unauthorized persons

shall not have access to this facility.

 

History Note:        Authority G.S. 106‑408; 106‑416;

Eff. April 1, 1984.

 

 

 

02 NCAC 52E .0204          MARKETS KEPT CLEAN AND SANITARY:

DISINFECTION

(a)  Livestock market facilities including yards, loading

and unloading docks, alleys, pens, chutes, scales, and sales ring shall be

maintained in a clean and sanitary manner.  All loading docks, alleys, pens,

scales and sales rings used for feeding and/or breeding swine shall be

thoroughly cleaned and disinfected in an approved manner prior to receiving

such swine for each sale.  All trucks, trailers and other conveyances owned

and/or operated by livestock market operators shall be maintained in a clean

and sanitary manner.  Those trucks, trailers, and other conveyances

transporting animals affected with an infectious or contagious disease shall be

thoroughly cleaned and disinfected before further use.  All livestock market

operators shall provide equipment and facilities deemed suitable by the State

Veterinarian or his authorized representative for cleaning and disinfection of

market facilities, trucks, trailers, and other conveyances operated by them in

handling and transporting livestock.

(b)  Approved disinfectants to be used in disinfection of

livestock market facilities, trucks, trailers and conveyances, etc., are those

listed in 2 NCAC 52B .0503.  Equipment and facilities for cleaning and

disinfecting livestock market facilities, trucks, trailers and other

conveyances shall consist of, but not be limited to, high pressure hoses and

connections, power sprayers or other pressure sprayers approved by the State

Veterinarian for applying disinfectant solutions.

 

History Note:        Authority G.S. 106‑408; 106‑416;

Eff. April 1, 1984.

 

 

 

02 NCAC 52E .0205          VETERINARIANS ACCEPTABLE FOR WORK AT

LIVESTOCK MARKETS

Pursuant to G.S. 106‑408.1, any veterinarian licensed

and accredited in North Carolina will be approved by the State Veterinarian for

work at public livestock markets.

 

History Note:        Authority G.S. 106‑408.1;

Eff. April 1, 1984.

 

 

 

02 NCAC 52E .0206          CATTLE AND SWINE FOR IMMEDIATE

SLAUGHTER: IDENTIFICATION

(a)  Cattle.  Cattle sold in a public livestock market shall

be identified with an official back tag applied at a point just back of the

shoulder, or by any other method approved by the State Veterinarian.

(b)  Swine.  All swine sold for immediate slaughter in a

public livestock market or buying station shall be identified as follows:

(1)           Bred gilts, sows and boars will be

individually identified with an official backtag, eartag or tattoo approved by

the State Veterinarian.

(2)           Other swine weighing 150 pounds or less

shall be identified with a green paint mark on the back not less than three

inches in diameter.

(3)           Swine weighing in excess of 150 pounds that

can be graded and/or classed as top hogs need not be paint marked or tagged.

 

History Note:        Authority G.S. 106‑409; 106‑410;

Eff. April 1, 1984.

 

 

 

02 NCAC 52E .0207          CATTLE: SWINE SOLD OTHER THAN

SLAUGHTER: IDENTIFICATION

(a)  Cattle.  All cattle sold for purposes other than for

immediate slaughter in public livestock markets shall be identified with an

official ear tag or a legible permanent ear tattoo or other methods approved by

the State Veterinarian.

(b)  Swine.  All swine sold for purposes other than for

immediate slaughter at public livestock markets, including feeder and/or

breeder swine shall be identified with an official ear tag or other methods

approved by the State Veterinarian.  All feeder swine sold through public

livestock markets and/or approved feeder pig sales shall be identified at the

time of entry into a public livestock market and/or other approved feeder pig

sale facility, with an official feeder pig tag approved by the State

Veterinarian.  A permanent record will be made of the tag numbers used for each

consignor of feeder swine, along with the name and address of the consignor. 

One copy of the record will be mailed to the State Veterinarian at the

completion of each sale.

 

History Note:        Authority G.S. 106‑416;

Eff. April 1, 1984.

 

 

 

02 NCAC 52E .0208          REMOVAL OF IDENTIFICATION MARKS: TAGS:

ETC.

No person or persons shall remove any paint mark, tag, etc.,

required for identification of cattle and swine unless previously authorized by

the State Veterinarian or his authorized representative.  The State

Veterinarian authorizes the removal of paint marks, tags, etc., used for

identification of slaughter cattle and swine at the time of slaughter.

 

History Note:        Authority G.S. 106‑416;

Eff. April 1, 1984.

 

 

 

02 NCAC 52E .0209          CERTIFICATES: CATTLE AND SWINE REMOVED

FOR NON‑SLAUGHTER

(a)  No cattle except those for immediate slaughter shall be

removed from a public livestock market unless they are accompanied by a

certificate issued by a veterinarian accredited pursuant to Title 9, Part 161

of the Code of Federal Regulations or an employee of the veterinary division of

the North Carolina Department of Agriculture or Animal and Plant Health

Inspection Service, Veterinary Services, United States Department of

Agriculture.  The certificate shall show that such animals are apparently healthy

and come directly from a certified brucellosis-free herd or state or that

eligible cattle listed have passed an approved test for brucellosis within 30

days prior to sale.  (Steers, spayed heifers, and native cattle under 18 months

of age are exempt from this requirement.)  Every animal shall be identified by

a numbered ear tag or tattoo in accordance with Title 9, Part 78.1 of the Code

of Federal Regulations.  No brucellosis test shall be required on official

brucellosis vaccinates less than 20 months of age of the dairy breeds and less

than 24 months of age of the beef breeds, provided that all parturient or post

parturient cattle regardless of age shall be tested for brucellosis.  Official

calfhood vaccinates must be identified by ear tag, tattoo or official

vaccination certificate.

(b)  Swine.  No swine except those for immediate slaughter

shall be removed from any public livestock market unless they are accompanied

by a certificate issued by a veterinarian accredited pursuant to Title 9, Part

161 of the Code of Federal Regulations or employee of the veterinary division,

North Carolina Department of Agriculture or Animal and Plant Health Inspection

Service, Veterinary Services, United States Department of Agriculture.  The

certificate shall show that swine covered by the certificate are apparently

healthy and come directly from a validated brucellosis-free herd.  Each animal

shall be identified with an official ear tag, tattoo or other methods approved

by the State Veterinarian.

(c)  Record Kept.  A copy of all health certificates issued

on cattle and swine sold in a public livestock market shall be kept on file as

a part of the livestock market records for at least one year.

(d)  Exemptions.  The Commissioner of Agriculture exempts

from the requirement for official health certificates all breed sponsored

sales, quality feeder pig sales where animals are not sold for movement to

other states, and those sponsored wholly or in part by an agency of state

government.

 

History Note:        Authority G.S. 106‑416;

Eff. April 1, 1984;

Amended Eff. July 1, 2000; December 1, 1987.

 

02 NCAC 52E .0210          REMOVAL OF SLAUGHTER SWINE FROM A

PUBLIC LIVESTOCK MARKET

(a)  No swine consigned to and sold in a swine slaughter

sale at a public livestock market shall be removed from the market for any

purpose other than for immediate slaughter unless a permit is obtained from the

State Veterinarian or his authorized representative.

(b)  Conditions under which a permit may be authorized by

the State Veterinarian:

(1)           When there is sufficient evidence to prove

swine have been stolen and sold for slaughter;

(2)           When swine are found to be affected with a

treatable disease which at that time would render them unfit for slaughter;

(3)           No sale animals;

(4)           Animals sold for home consumption.

(c)  All swine released by permit from the State

Veterinarian or his authorized representative, in (b) (1), (2), (3), and (4) of

this Rule, shall be quarantined in isolation on the swine owner's premise until

it has been determined that they will not expose other swine to a contagious

and/or infectious disease.

 

History Note:        Authority G.S. 106‑410; 106‑416;

Eff. April 1, 1984.

 

 

 

02 NCAC 52E .0211          SALE OF SLAUGHTER SWINE IN FEEDER

SWINE FACILITIES

Public livestock markets not having separate facilities for

receiving, handling and selling feeder and slaughter swine may use their feeder

pig facilities for the sale of slaughter swine provided:

(1)           All feeder swine sales and slaughter swine sales

are held on alternate days;

(2)           Following each slaughter swine sale, all slaughter

swine shall be removed and the facilities used for slaughter swine shall be

thoroughly cleaned and disinfected prior to receiving any feeder swine for

sale.

 

History Note:        Authority G.S. 106‑416;

Eff. April 1, 1984.

 

 

 

02 NCAC 52E .0212          PERMITS/DISEASED LIVESTOCK ENTER

PUBLIC LIVESTOCK MARKETS

(a)  Permits shall not be issued for known diseased animals

to enter a public livestock market except when it can be determined by the

State Veterinarian or his authorized representative that other animals will not

be exposed.

(b)  Diseased animals entering public livestock markets

under permit shall be placed under quarantine until they are disposed of in

accordance with instructions issued by the State Veterinarian or his authorized

representative.

 

History Note:        Authority G.S. 106‑412; 106‑416;

Eff. April 1, 1984.

 

 

 

 

 

SECTION .0300 ‑ LIVESTOCK MARKET REGULATIONS

 

02 NCAC 52E .0301          REMOVAL OF LIVESTOCK FROM SLAUGHTER

BUYING STATIONS

The operator or operators of a buying station not operating

under a public livestock market permit shall not allow the removal of livestock

from such facility for any purpose other than for immediate slaughter unless a

permit has been obtained from the State Veterinarian or his authorized

representative.

 

History Note:        Authority G.S. 106‑409; 106‑416;

Eff. April 1, 1984.

 

 

 

02 NCAC 52E .0302          SANITATION

All slaughter buying stations shall be maintained in a clean

and sanitary manner.

 

History Note:        Authority G.S. 106‑409; 106‑416;

Eff. April 1, 1984.

 

 

 

02 NCAC 52E .0303          PERMITS TO REMOVE ANIMALS

The issuance of a written permit by the State Veterinarian

or his authorized representative to remove animals for any purpose other than

immediate slaughter from a "buying station" of a slaughterhouse or

similar business, not operating under a public livestock market permit, is

contingent upon the animals in question being moved to an isolated location and

maintained under quarantine until it can be determined that they will not serve

as a source of disease capable of being spread to other animals.

 

History Note:        Authority G.S. 106‑409; 106‑410;

106‑416;

Eff. April 1, 1984.

 

 

 

02 NCAC 52E .0304          PERMITS FOR OTHER PURPOSES

(a)  At an owner's request, permits to use animals sold for

slaughter for another purpose will be issued in the following cases:

(1)           when there is evidence that the animals

have been stolen and sold for slaughter;

(2)           when the animals are affected with a

treatable disease or condition, including advanced pregnancy, which would

render them unfit for slaughter at that time;

(3)           in other instances where slaughter would

cause a demonstrated preventable loss to the owner.

(b)  In all cases, animals temporarily or permanently

released from slaughter under this provision shall be quarantined and isolated

as a condition of the permit until it can be determined they are not infected

with a contagious disease.

 

History Note:        Authority G.S. 106‑409; 106‑410;

106‑416;

Eff. April 1, 1984.

 

 

 

02 NCAC 52E .0305          DENIAL OF PERMIT

(a)  No permit shall be issued for an animal known to be

affected with or having visible signs of a contagious or infectious disease to

enter a public livestock market except when it can be determined that other

animals will not be exposed.

(b)  Animals quarantined under this provision will be held

in isolation for a sufficient time to prevent the exposure of healthy animals

to contagious diseases.  Movement of quarantined animals to slaughter will be

authorized by the State Veterinarian or his authorized representative when it

is determined that the movement can be accomplished without exposure of other

animals or humans to disease.

(c)  All facilities used for holding such animals and

conveyances used in transporting them shall be thoroughly cleaned and

disinfected at the discretion and to the satisfaction of the State Veterinarian

or his authorized representative.

 

History Note:        Authority G.S. 106‑412; 106‑416;

Eff. April 1, 1984.

 

 

 

02 NCAC 52E .0306          PERMISSION TO SELL DISEASED ANIMALS

Written permission may be given by the Commissioner of

Agriculture or his authorized representative to sell, trade or dispose of

animals affected with or exposed to a contagious or infectious disease for

slaughter at a plant with state or federal meat inspection provided in the

opinion of the official issuing the permit it can be done without exposing

humans or animals to a contagious disease.  Permission should be requested in

writing directed to: State Veterinarian, Department of Agriculture, Post Office

Box 26026, Raleigh, North Carolina 27611.

 

History Note:        Authority G.S. 106‑413; 106‑414;

Eff. April 1, 1984.

 

 

 

 

 

SECTION .0400 ‑ LIVESTOCK BRANDING

 

02 NCAC 52E .0401          APPLICATION FOR BRAND REGISTRATION

(a)  An application for a brand shall be accompanied by an

exact likeness of the brand desired for registration.  This likeness shall be a

minimum of three inches in its smallest dimension either horizontal or

vertical.

(b)  An application for a brand shall specify the exact

location on the animal where the brand will be located.

 

History Note:        Authority G.S. 80‑61;

Eff. April 1, 1984.

 

 

 

02 NCAC 52E .0402          STYLE AND LOCATION OF BRAND

(a)  No brand shall be accepted for registration that:

(1)           contains any numbers;

(2)           because of shape would be difficult to read

when affixed to the animal; or

(3)           is a close likeness to another registered brand.

(b)  If practical, a brand shall be located on either the

right or left hip to the rear of the hip bone.  In any event, the brand shall

be easily read from a side or top view of the animal.

 

History Note:        Authority G.S. 80‑61;

Eff. April 1, 1984.