SECTION 35:15-13-3. 1 General requirements for a livestock auction market

(a)   Any person owning, operating, conducting, or maintaining a livestock auction market shall be required to:

(1)   Submit an application for a license to the Department on an official form prior to operation.

(2)   Bond the market pursuant to 2 O.S. § 9-132, as amended or according to the provisions of the Federal Packers and Stockyards Act as amended.

(3)   Employ a livestock auction market veterinarian for auctions selling cattle, horses, swine, or other species as determined by the state veterinarian.

(b)   The livestock auction market license shall cost Twenty Five Dollars ($25.00) per year and shall expire on December 31 of each year.

(c)   Both the buyer's and seller's invoices shall include the name, address of the owner, and description of the cattle as to breed, sex, and age. Invoices for swine shall show the predominate breed and shall show them to be feeding, breeding, or slaughter swine.

(d)   The livestock auction market veterinarian or sale company shall not be responsible for results of any tests that are conducted properly or for any reactor animals or responder animals found in the market.

(e)   Refusal or failure to comply with the Department rules shall be just cause for the revocation or suspension of the livestock auction market license.

(f)   No person owning, operating, conducting, or maintaining a livestock auction market shall allow any of the following animals to leave the livestock auction market unless it is individually identified by an official identification with an exception for weak cattle or cattle that pose a greater than normal risk of being injured or injuring a person:

(1)   All beef cattle eighteen (18) months of age or older, except terminal fed steers and heifers, going directly to a feedlot or slaughter which will not be reintroduced into the breeding herd;

(2)   All dairy cattle;

(3)   All "M" branded cattle including any commingled cattle, and

(4)   All roping, exhibition, event, and rodeo cattle.

(g)   Weak cattle or cattle that pose a greater than normal risk of being injured or injuring a person may be sold with a back tag and slaughter only tag to be transported directly to slaughter.

(h)   The owner or operator of the livestock auction market shall keep records of each animal consigned or delivered to the livestock auction market for a period of five (5) years for disease traceback purposes, including but not limited to the following:

(1)   "Drive-in" or any other documents identifying the backtag, owners name and address, and license tag of mode of transportation;

(2)   Any records kept pursuant to the Livestock Auction Market Act;

(3)   Records of any official identification applied to the animal or already existing with the animal;

(4)   Any records available regarding the purchaser of the animals; and

(5)   Records of official identification shall be sufficiently legible and accurate to facilitate successful tracebacks.

(i)   Each livestock auction market shall sign and have on record with the Department the most current livestock market contract for each of the species sold at the market.

(j)   The livestock auction market shall make the above records available to ODAFF personnel when requested.

(i)   Each livestock auction market shall sign and have on record with the Department the most current livestock market contract for each of the species sold at the market.

[Source: Amended at 24 Ok Reg 1746, eff 6-25-07; Amended at 26 Ok Reg 607, eff 1-13-09 (emergency); Amended at 26 Ok Reg 1809, eff 7-1-09; Amended at 27 Ok Reg 2411, eff 7-25-10; Amended at 30 Ok Reg 788, eff 7-1-13; Amended at 31 Ok Reg 717, eff 9-12-14; Amended at 32 Ok Reg 1521, eff 9-11-15; Amended at 34 Ok Reg 799, eff 9-11-17]

Note

EDITOR’S NOTE: On 7-25-11, a permanent rule called "Testing Equine Piroplasmosis equids" was added at this number (35:15-13-3), creating a duplication in numbering. The rule, which was intended to be included in a new Part 13 of Subchapter 11 of this Chapter, was editorially renumbered to 35:15-11-53 prior to codification.