Chapter 209: LIVESTOCK COMMISSION OR COMMUNITY AUCTIONS

Contents

Statutory Authority	1
Definitions	1
Permits	1
Records	1
General Requirements	2
Disclosure of Information	2

1. Statutory Authority

The statutory authority for Livestock Commission or Community Auctions is Chapter 207 Title 7 MRSA §1453 and §1752. These statutes grant the Commissioner the authority to make rules to protect the health of animals that are to be sold at livestock commission or community auctions.

2. Definitions

Commissioner. The Commissioner of the Department of Agriculture, Conservation and Forestry or a duly authorized agent of the Commissioner.

Community or Commission Auctions. Any place where domestic animal and/or poultry are offered for private or public auction is considered to be a Commission or Community Auction.

3. Permit

A. Any person operating a Livestock Commission or Community Auction must obtain a written permit from the Commissioner, prior to the date of the auction, giving the specific date, time and place of the auction.

B. Failure of any person to adhere to the rules for Livestock Commission and Community Auctions shall be just cause for the Commissioner to take action based on the authority granted in Title 7, Ch. 207, §1456.

4. Records

A. Records of all transactions must be kept to the extent that the Commissioner may trace any animal to the seller.

B.

1. All animals must be backtagged with an official USDA backtag or identified as the Commissioner may direct.

2. Backtag reports must be made weekly to the Commissioner for the period of time authorized by the permit.

5. General Requirements

A. All Livestock Commission or Community Auctions must be conducted in a condition satisfactory to the Commissioner.

B. No domestic animals or poultry originating in quarantined herds or flocks shall be allowed on any auction premises.

C. No animals having positive blood test for brucellosis, tuberculosis, pseudorabies, bluetongue and/or Equine Infectious Anemia shall be sold through any auction.

6. Disclosure of Information

A. Any person conducting a Licensed Commission or Community Auction must provide, on request, prospective buyers with identification of any animals intended by the previous owner to the sold for slaughter.

7. Penalties

A. Whoever violates any provision of this rule, unless a specific penalty or forfeiture is provided for, shall be guilty of a class E crime.

STATUTORY AUTHORITY: 7 M.R.S.A. §1453

EFFECTIVE DATE:

January 15, 1962

February 8, 1968 (Filed 10-16-78)

RE-ADOPTED:

September 7, 1979

AMENDED:

June 8, 1991

EFFECTIVE DATE (ELECTRONIC CONVERSION):

May 4, 1996

CONVERTED TO MS WORD:

May 13, 2008

CORRECTIONS:

February, 2014 – agency names, formatting