PURPOSE: This rule defines the requirements and responsibilities of livestock market owners and operators.

1. (1) Terms defined in section 277.020, RSMo are incorporated by reference for use in this rule.

2. (2) As used in this chapter, unless the context clearly says otherwise, the following terms shall mean:

   1. (A) Livestock—Cattle, swine, sheep, goats, poultry, ratite birds including but not limited to ostrich and emu, elk, equine and exotic animals;
   2. (B) Livestock market—A place of business or a place where livestock is concentrated for sale, exchange or trade at regular or irregular intervals, whether at auction or not. This definition exempts public farm sales, purebred livestock sales or any sale, transfer or exchange of livestock from one (1) person to another person for movement or transfer to another farm premises or directly to a licensed market;
   3. (C) Livestock sale—The business of mediating for a commission or otherwise, the sale, purchase or exchange transaction of livestock, whether or not at a livestock market. However, the term livestock sale shall not apply to order buyers, livestock dealers or other persons acting directly as a buying agent for any third party;
   4. (D) Official identification—United States Department of Agriculture (USDA)-approved eartag, backtag or other device used for identification of livestock;
   5. (E) Person—Individuals, partnerships, corporations and associations; and
   6. (F) State veterinarian—The state veterinarian of the Missouri Department of Agriculture.
3. (3) Any person engaged in establishing or operating a livestock sale or market shall file with the state veterinarian an application for a license to transact business.
4. (4) An annual license fee of seventy-five dollars ($75) must accompany all applications. This license shall entitle the applicant to conduct business for one (1) calendar year, January through December. The state veterinarian must receive all completed renewal applications and fees by December 1 for the next calendar year. All licensees defined in Chapter 277, RSMo shall publicly post the license issued by the state veterinarian at the place of business. The license shall be displayed for inspection by any person.
5. (5) All markets/sales licensed under the laws of Missouri must present to the department, no later than April 15 following the end of the year, their sales volumes for the preceding business year.
6. (6) Bonding Requirements. Every person subject to the provisions of Chapter 277, RSMo shall provide proof of a satisfactory bond in the amount specified by the USDA Packers and Stockyards Administration or the state veterinarian before receiving a license. In lieu of any bond, persons may substitute any instrument of financial security approved by the USDA Packers and Stockyards Administration. All surety coverage for licensees must be in accordance with 2 CSR 30-6.030.

7. (7) All licensees defined in Chapter 277, RSMo must secure veterinary inspection of all livestock offered for sale at any livestock sale or market. A licensed, accredited veterinarian approved by the state veterinarian must inspect all livestock and perform all testing of livestock for disease, including any method of identifying animals in connection with disease. No person shall remove or tamper with, or cause the removal of or tampering with, an official eartag or backtag or other identification device required to move animals interstate, intrastate or through a livestock market/sale. No person shall cause livestock to be removed from any livestock market/sale until that livestock has met all the requirements of Missouri or the state of destination, whichever applies.

   1. (A) All assignments, replacements and removals of veterinarians as market/sale veterinarians must have prior approval of the state veterinarian in accordance with section 277.100, RSMo.
   2. (B) Upon approval of the state veterinarian, the market/sale veterinarian must sign a Market Veterinarian Agreement form MO 350-0488 provided by the Missouri Department of Agriculture. The licensee also must sign the form. The market/sale veterinarian shall keep one (1) copy of the agreement, the licensee one (1) copy and one (1) copy shall 2 CSR 30-6

be forwarded to the state veterinarian’s office.

1. (8) Permit to Release Untested Slaughter Cattle in a Sealed Vehicle. If this permission is granted, the licensee agrees to—

   1. (A) Record complete backtag numbers on all copies of sales and purchases;
   2. (B) Have consignor declare upon delivery of test-eligible cattle whether they shall be tested at owner expense and bangle tags applied or sold untested direct to slaughter with backtags applied. This decision shall apply to all test-eligible cattle in the consignment;
   3. (C) Release the untested slaughter cattle on a completed form MDA-SMP (Missouri Department of Agriculture Sealed Movement Permit);
   4. (D) Release cattle to a slaughter establishment in a sealed truck, sealed by an appointed person under the supervision of the market/sale veterinarian; and
   5. (E) Not allow mixed loading of untested, test-eligible and tested cattle unless all are delivered directly to slaughter in a sealed vehicle.
2. (9) Female bovine imported from brucellosis Class B states that are not officially calfhood vaccinated (OCV) shall not be released by the licensee unless in compliance with 2 CSR 30- 6.020(3)(B).

3. (10) All test-eligible cattle from other than brucellosis Class Free or brucellosis Class A states presented for sale at a market/sale shall be identified by a method approved by the state veterinarian to show the brucellosis classification of the animal’s state of origin. The sale ring announcer shall declare that the animal is sold under condition of quarantine for retest in sixty to one hundred twenty (60–120) days at the purchaser’s expense or for consignment directly to slaughter within five (5) days.

   1. (A) The intrastate movement permit number assigned to these animals shall be the MODAV-20 certificate number preceded by the market/sale veterinarian’s letter code.
   2. (B) The proper distribution of the form MODAV-20 shall be—the yellow copy to the purchaser (before animals leave the market), the white copy to the Missouri Department of Agriculture and the green copy retained by the issuing veterinarian.
   3. (C) A licensee shall not allow the release of cattle originating from Class B states unless accompanied by a properly completed MODAV-20 or a properly completed interstate movement certificate.

4. (11) Facilities provided by the livestock market/sale for the market/sale veterinarian shall include:

   1. (A) Office and laboratory area to allow ample work space and room for a work table, desk, chair, lamp and one (1) file cabinet;
   2. (B) Heat, light and ventilation to properly perform required diagnostic tests;
   3. (C) Livestock handling facilities with livestock collecting pens, runways and a catching chute to confine and blood test both cattle and swine; and
   4. (D) A laboratory area with a sink, hot and cold running water and a floor of an impervious material which allows cleaning and disinfection. Electrical outlets must be available and convenient to enable the use of equipment such as centrifuges, branding irons and electrical heaters.
5. (12) Failure of the licensee to aid the market/sale veterinarian in executing all laws and regulations governing the sale and movement of livestock may result in removal of the license to conduct sales.
6. (13) Structurally safe and sanitary conditions must be maintained on yards, pens, chutes, alleys and other facilities and premises used in connection with livestock by the person(s) in possession of the facilities and premises. These facilities are subject to inspection by USDA Veterinary Services or state Animal Health personnel.
7. (14) All licensees defined in Chapter 277, RSMo must present upon request to a duly authorized representative of the Division of Animal Health, records of any livestock sale or transaction. Failure to do so may result in the suspension or revocation of the market/sale license, a civil penalty of up to one thousand dollars ($1,000) for each violation, or both.
8. (15) Violations at Markets/Sales. Failure either to comply with the laws of Missouri and the rules of the Missouri Department of Agriculture or to fulfill the requirements and responsibilities as specified in this rule can result in a suspension or revocation of the market/sale license, fines of up to one thousand dollars ($1,000) per violation, or both.

AUTHORITY: section 277.160, RSMo Supp. 1998.* Original rule filed June 15, 1990, effective Dec. 31, 1990. Emergency amendment filed June 5, 1992, effective June 15, 1992, expired Oct. 12, 1992. Amended: Filed March 3, 1992, effective Sept. 6, 1992. Amended: Filed Jan. 4, 1999, effective July 30, 1999. *Original authority 1989, amended 1993, 1995.