1. (1) The department requires a temporary livestock sales license for each temporary livestock sale where:

   1. (a) a livestock market licensee offers livestock for public bidding and sale on a yardage, commission, or percentage basis;
   2. (b) a person conducts livestock sales for livestock owned by them, selling livestock on their premises pursuant to Sections R58-7-5 and R58-7-6;
   3. (c) a farmer, dairyman, livestock breeder, or feeder conducts sales for the liquidation of livestock or
   4. (d) a non-profit breed or livestock association or club conducts a sale.

2. (2)(a) This rule does not intend to require a bond from non-profit breed or livestock associations or clubs or from liquidation sales if they conduct sales themselves and do not assume any financial responsibility between the seller and the buyer.

   1. (b) If outside or professional management conducts the sales, the department shall require a temporary livestock sales license and either a bond, trust fund agreement or letter of credit.
   2. (c) Sales other than those described in Subsections R58-7-4(2)(a) and R58-7-4(2)(b) may be permissible if approved by the department.

3. (3) The department may not require a temporary livestock sales license for:

   1. (a) sales conducted by Future Farmers of America or 4H Club groups; or
   2. (b) sales conducted in conjunction with state, county, or private fairs.
4. (4) Any person conducting a sale that does not require a temporary livestock license shall notify the department ten days before the sale.
5. (5) The department may impose a late fee for notifications of livestock sales with less than ten days' notice.

6. (6) A temporary livestock sales license shall be issued when the department:

   1. (a) receives and approves a livestock market license application, payment of the licensing fee included in the fee schedule approved by the Legislature pursuant to Section 63J-1-504; and
   2. (b) where applicable, receives the bond required by the department or in accordance with the Packers and Stockyards Act, 7 U.S.C. Sec. 181 et seq.
7. (7) A letter of credit or a trust fund agreement approved by the department may replace the bonding requirements.

KEY: livestock

Date of Last Change: February 14, 2024

Notice of Continuation: November 25, 2024

Authorizing, and Implemented or Interpreted Law: 4-2-2103; 4-30-104