R58. Agriculture and Food, Animal Industry.
R58-7. Livestock Markets, Satellite Video Livestock Auction Market, Livestock Sales, Dealers, and Livestock Market Weighpersons.
A. Promulgated under authority of Section 4-30-104 and Section 4-2-103.
B. It is the intent of these rules to provide uniformity and fairness in the marketing of livestock within the state, whether sold through regularly established livestock markets or other types of sales.
A. "Commissioner" means the commissioner of Agriculture and Food.
B. "Livestock" means cattle, domestic elk, swine, equines, sheep, goats, camelids, ratites, and bison.
C. "Representative" means a dealer licensed in Utah under Section 4-7-107 who is a resident of this state, or who is a representative of, or who in any capacity conducts business with a livestock auction market licensed under Section 4-30-105, which does business with an in state or out of state satellite video livestock auction market.
D. "Satellite video livestock auction market" means a place or establishment or business conducted or operated for compensation or profit as a public market where livestock or other agricultural related products located in this state are sold or offered for sale at a facility within or outside the state through the use of an electronically televised or recorded media presentation, which is, or can be exhibited at a public auction.
E. "Livestock market" means a public market place consisting of pens or other enclosures where all classes of livestock or poultry are received on consignment and kept for subsequent sale, either through public auction or private sale.
F. "Livestock dealer" means a person engaged in the business of purchasing livestock for immediate resale or interstate shipment for immediate resale.
R58-7-3. Livestock Markets.
A. Standards for Approved and Non-approved Markets. The operator of a livestock market shall maintain the following standards in order to obtain, retain or renew a livestock market license:
1. Follow procedures outlined in Section 4-30-105, and all state and federal laws and regulations pertaining to livestock health and movement.
2. Conduct all sales in compliance with the provisions of Utah laws and rules pertaining to livestock health and movement.
3. Furnish the Department with a schedule of sale days, which have been previously approved by the Commissioner of Agriculture and Food, giving the beginning hour.
4. Maintain records of animals in the market in accordance with United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services, Brucellosis Eradication Uniform Methods and Rules, Ch. 1, Part II, 1, G, 2 to 4. Records must be retained for 2 years.
5. Maintain the identity of ownership of all animals as set forth in Section 4-24-402, and these rules. All test eligible females and breeding bulls two years of age and over shall be backtagged for individual identification as outlined in 9 CFR 71.18 71.19 and 9 CFR 79, January 1, 2001, edition. The tags are not to be removed in trading channels.
6. Permit authorized state or federal inspectors to review all phases of the livestock market operations including, but not limited, to records of origin and destination of livestock handled by the livestock market.
7. Provide adequate space for pens, alleyways, chutes, and sales ring; cover sales ring with a leak-proof roof.
8. Have floors in all pens, alleyways, chutes, and sales ring constructed in such a manner as to be safe, easily cleaned and properly drained in all types of weather and to be easily maintained in a clean and sanitary condition.
9. Maintain all alleyways, pens, chutes, and sales rings in a clean, safe, and sanitary manner.
10. Furnish and maintain one or more chutes, in addition to the loading chute, at a convenient and usable place in a covered area, suitable for restraining, inspecting, examining, testing, tagging, branding and other treatments and procedures ordinarily required in providing livestock sanitary or health service at markets in a safe manner. Furnish personnel as required to assist Department or federal inspectors.
11. Provide specially designated pens or a provision for yarding for diseased animals infected with or exposed to brucellosis, tuberculosis, scabies, anaplasmosis, vesicular disease, pseudorabies, hog cholera, sheep foot rot, or other contagious or infectious disease.
12. Provide adequate facilities and service at a reasonable cost for cleaning and disinfecting cars, trucks and other vehicles which have been used to transport diseased animals as directed by the Department of Agriculture and Food or its authorized representative.
13. Do not release any diseased animal or animal exposed to any contagious, infectious or communicable disease from a livestock market until it has been approved for movement by the Department or its authorized representative.
14. Do not release any livestock from the market which have not complied with Utah laws and rules.
B. Additional Standards for Approved Markets.
1. Weigh each reactor individually and record reactor tag number, tattoo or other identifying marks on a separate weigh ticket, and record sales price per pound and net return after deducting expenses for required handling of such reactor. Restrict sale of all reactors to a slaughtering establishment where federal or state inspection is maintained.
2. Reimburse the Department monthly an amount equal to expenses incurred in providing a veterinarian at the livestock market.
3. Provide specially designated pens or a provision for yarding for animals classified as reactors, exposed, suspects or "S" branded.
4. Provide suitable laboratory space at the market as agreed between the market and the livestock market veterinarian for the conducting of brucellosis and other necessary tests.
C. Veterinary Medical Services. These services, fees, and collection procedures will be outlined and negotiated between the Department of Agriculture and Food, Livestock Auctions, and Veterinarians in contract agreements signed by each party. Any procedures, payments fees and collection methods done outside the contract terms will be worked out between the livestock market and the veterinarian.
D. Denial, Suspension or Cancellation of Registration. The Department may, after due notice and opportunity for a hearing to the livestock market involved, deny an application for registration, or suspend or cancel the registration when the Department is satisfied that the market has:
1. violated state statutes or rules governing the interstate or intrastate movement, shipment or transportation of livestock;
2. made false or misleading statements in their application for licensing, or false or misleading statements as to the health or physical conditions of livestock regarding official test results or status of the herd of origin;
3. knowingly sold for dairy or breeding purposes cattle which were affected with a communicable disease;
4. demonstrated their inability or unwillingness to carry out the record keeping requirements contained in this rule;
5. failed to comply with any law or rule pertaining to livestock health or movement;
6. failed to maintain market facilities in a safe, clean and sanitary manner; or