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Repealed Eff.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.