Rules of the Mississippi Board of Animal Health

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Ch. 08 - Livestock Dealers

100 A regulation to require any dealer who purchases, deals in, or sells livestock, or who acts as commission representative or broker, or who operates and conducts an auction where livestock are sold, to be registered with the Mississippi Board of Animal Health and maintain required records.

Source: Miss. Code Ann . §69-15-3.

101 By virtue of authority granted the Mississippi Board of Animal Health under the provisions of the State Laws governing the Mississippi Board of Animal Health, and particularly Miss Code Ann. Sections 69-15-9, 69-15-107, 69-15-115, the following regulation is adopted governing dealer registration and record keeping.

Source: Miss. Code Ann . §69-15-3.

Definitions

102 The following terms shall have the meanings ascribed to them herein unless the context clearly requires otherwise.

1. “Dealer” or “Livestock Dealer” means any person or agent who buys, sells or offers to sell, exchange, barter or negotiate the sale of livestock in this state.

2. “Dealer” or “Livestock Dealer” does not mean:

a. A person who offers to sell or trade livestock which he has produced and raised;

b. a person who offers for sale or trade livestock which he has owned or had in his possession for a period of 90 days or longer and is not engaged in business of buying, selling, trading or negotiating the transfer of livestock;

c. a person who purchases livestock for breeding purposes and retains them in his possession for 90 days or longer;

d. a person engaged in the business of buying and slaughtering livestock for food and in marketing the meat products therefrom, provided that all animals purchased are slaughtered.

3. “Person” means an individual, partnership, corporation, association or other legal entity.

4. “Livestock” means all hoofed animals raised or maintained in captivity for the production of meat and other products, for sport or for exhibition.

5. “Slaughter buyer: means any person who buys livestock for an approved slaughter establishment and the livestock are paid for by the approved slaughter establishment.

(Amended March 8, 2001.)

Source: Miss. Code Ann . §69-15-3.

Registration

103 All persons doing business as a dealer or livestock dealer shall register annually with the Mississippi Board of Animal Health. Application for such annual registration shall be made on forms provided by the Mississippi Board of Animal Health or from one of its representatives, prior to June 30 th each year. The application shall state the complete name and address of the person who is doing business as a dealer, and all names, numbers or identification used by the person in doing business. The initial application must be recommended by a representative of the Mississippi Board of Animal Health and ratified or given final approval by the Board at a regular meeting. All initial applications for dealer registration must be submitted to Mississippi Board of Animal Health by November 1, 1982.

Source: Miss. Code Ann . §69-15-3.

Record Keeping

104.01 Each registered person or agent shall keep a record of all livestock. Slaughter buyers are excluded from the record keeping requirement when the identification of each animal is a matter of record as required by other regulations and all livestock in the shipment are consigned directly to slaughter. The records shall include the following:

1. All permanent identification such a metal ear tags, ear tattoos or Individual heat brands; and

2. Tag numbers or other identifying numbers carried by or assigned to the livestock at the time of purchase by, or consignment to, and at the time of sale by a dealer, broker, auctioneer, auction market operator, or other intermediary or agent.

3. Official back tags will be acceptable individual identification for beef breeds purchased in the country for immediate sale at regular scheduled auction sales, stockyards or slaughtering establishments. Dairy cattle must be identified with an ear tag or tattoo, other than a back tag; except when they are consigned direct to slaughter, then a back tag is acceptable.

4. The name and address of the person who consigned the animal for sale or from where the animal was purchased. If such animal was purchased at an auction, the name and address of the auction market and the date of such consignment and purchase.

5. The name and address of the person or firm to whom the animal was sold and the date of such sale or consignment.

6. The breed, sex, and approximate age of each animal.

7. the date and result of all Brucellosis (Bang's) test required for sale or movement of each animal, or a copy of the official test record.

 8. The date and result of EIA Test or a copy of the official test record.

 

104.02 The required information relating to the sale or purchase of livestock shall be recorded immediately upon completion of the transaction involved.

Source: Miss. Code Ann . §69-15-3.

Retention of Records

105 The record of any livestock sale, or purchase, or other transaction required as stated in this regulation shall be kept and retained in the possession of the dealer, auctioneer, commission company, or auction market for a period of at least two (2) years after each purchase or sale of any livestock. All records, together with the entries therein, shall be available for examination at all reasonable times by any agent or representative of the Mississippi Board of Animal Health or U. S. Department of Agriculture.

Source: Miss. Code Ann . §69-15-3.

Refusal To Issue Or Renew Registration and Suspension Or Revocation

106 The Mississippi Board of Animal Health may refuse to issue or renew registration, or suspend or revoke a registration on any of the following grounds:

1. Mis-statement in the original application or renewal.

2. Disregard or violation of this regulation or any regulation or rule pursuant thereto.

3. Aiding or abetting another in violation of this act or of any regulation or rule pursuant thereto.

4. Allowing one's registration under this regulation to be used by a non-registered person.

5. Pursuing a continued course of misrepresentation of or making false promises through advertising, salesman, agents or otherwise in connection with the business of a livestock dealer.

Source: Miss. Code Ann . §69-15-3.

Hearing When The Mississippi Board Of Animal Health Refuses To Issue, Renew, Suspend Or Revoke A Registration

107 Hearing when the Mississippi Board of Animal Health refuses to issue, renew, suspend or revoke a registration:

1. The Board at its discretion may:

a. refuse to issue a registration.

b. refuse to re-issue a registration.

c. Permanently revoke a registration.

d. temporarily revoke a registration.

e. Suspend the registration for a definite period of time.

2. If an applicant seeking registration or renewal is refused or the registration is suspended or revoked by the Mississippi Board of Animal Health, the registrant may request in writing a hearing before the Board at a regular meeting or a special called meeting.

Source: Miss. Code Ann . §69-15-3.

Penalties

108 Any dealer failing to comply with any of the provisions of this regulation, or interfering with any duly appointed representative of the Mississippi Board of Animal Health or U.S.D.A. in the discharge of his duty, or for having discharged his duties, shall be punished as authorized in Section 69-15-115 of the Mississippi Code of 1972.

1. Any registered dealer who shall receive more than one (1) letter of warning shall have his registration suspended for a period of 60 days from the date of the second or subsequent letter of warning.

2. Any dealer who is not registered or any registered dealer whose registration is suspended who shall receive any letter of warning shall have any registration revoked and may not apply for registration revoked and may not apply for registration for a period of 30 days from the date of the letter of warning.

3. These penalties and requirements are cumulative and an addition to and not in place of any and all other requirements, penalties, sanctions, prosecutions, or such which may be made, assessed or had under any applicable statutes, rules, or regulations.

(Chapter 8 adopted by the Mississippi Board of Animal Health on January 6, 1982, and shall become effective on and after April 1, 1982, and amended, effective October 15, 1985, and February 1, 1990. Amended January 4, 2001.)

Source: Miss. Code Ann . §69-15-3.