Wyo. Code R. 051-0001-1
General Agency, Board or Commission Rules
Chapter 1: Livestock Markets
Effective Date: 04/27/1981 to 01/23/2004
Rule Type: Superceded Rules & Regulations
Reference Number: 051.0001.1.04271981
Section 1. Authority - Purpose. For the purpose of securing uniform brand, ownership, and health inspection of livestock sold through livestock markets within the State of Wyoming, the Wyoming Livestock Board, by virtue of authority vested in it by Wyoming Statutes, 11-22-102 (1977), has adopted the following rules and regulations.
Section 2. Pens and Alleys. All livestock markets within the State of Wyoming must maintain sufficient corrals and alleys to accommodate the livestock consigned thereto and said yards must be equipped with adequate feed bunks or racks and watering troughs to provide feed and potable water for said livestock. Pens and alleys must be numbered.
Section 3. Registration. All livestock consigned to livestock markets within the State of Wyoming must be registered into the yard and into designated pens. Such registration shall be made on a ticket which among other things must show the number, class, and brands of livestock. A hard copy of said registration ticket must be placed on the alley side of the pen to which said livestock are consigned. A copy of said registration ticket showing consignor, state and county of origin, lot number, number of head, class and brands of livestock must be made immediately available to the brand and health inspectors by placing said copy in a container located in a convenient place in each alley as soon as the livestock are penned and/or sorted for sale. Said registration ticket forms must be supplied by the market management.
Section 4. Inspection. All livestock upon entering a market must be inspected prior to sale by a veterinarian approved by the Wyoming Livestock Board for health purposes and by the brand inspector to determine ownership.
Section 5. Cattle - Inspection. All cattle sold at livestock markets must be examined for infectious and contagious diseases, prior to sale, by the authorized veterinarian. Cattle tested at the market and giving a positive reaction to the agglutination test for brucellosis must be branded with a hot iron, with the letter 'B' on the left jaw and sold for immediate slaughter only. USDA Form 1-27 must accompany such reactor animals. Suspects must be sold to slaughter or to intrastate destination, other than slaughter, by special permit from the Wyoming State Veterinarian; in certain instances, suspects may be moved interstate, for other than slaughter purposes, on special permit from state of destination. All exposed animals in consigned lots from which reactors are removed must be consigned to slaughter or returned to ranch of origin under quarantine by permit from the State Veterinarian. All permits must be obtained by the market veterinarian prior to release of the involved animals.
Section 6. Hogs - Inspection - Qualification for Release. All swine offered for sale at livestock markets must be examined by a veterinary inspector for infectious and contagious diseases prior to sale.
All swine involved in interstate movement must be immediately identified with an official eartag. Eartag numbers must be recorded on interstate health certificates or intrastate quarantine forms.
All swine (except those moving direct to slaughter) must be released under 30-day quarantine to Wyoming purchasers or meet state of destination requirements if moved interstate.
Junk and cull pigs if not refused admittance to the market must be sold last for direct slaughter or rendering purposes only.
Section 7. Horses, Mules and Asses - Inspection. All horses, mules, and asses sold at livestock markets must be examined for infectious and contagious diseases by the authorized veterinarian.
Section 8. Sheep and Goats - Inspection. All sheep and goats sold at livestock markets must be examined prior to sale by the authorized veterinarian for contagious and infectious diseases. Goats consigned to a market in the State of Wyoming and offered for sale as milk animals must either be accompanied by a health certificate, including a report of a negative test for brucellosis made within thirty (30) days prior to such consignment, or must be tested for brucellosis at the market prior to sale. Milk goats tested at the sale yard and giving a positive reaction to the agglutination test must be branded with a hot iron, with the letter “B” on the left jaw and sold for immediate slaughter only.
All sheep which are moved interstate to livestock markets within the State of Wyoming must comply with the regulations adopted by the Wyoming Livestock Board pertaining to the importation of sheep.
Section 9. Form G - Inspection. Livestock consigned to Wyoming markets on Form G certificates must be inspected within seven (7) days after their arrival and the Form G must be surrendered to the brand inspector upon request.
Section 10. Inspection Fees. All fees for brand and health inspection must be collected by the management of the market. A brand and/or ownership inspection fee of $.30 per head shall be collected on all cattle, horses and mules regardless of age. A brand and/or ownership inspection fee of $.05 per head shall be collected on all sheep and goats regardless of age. Said inspection fees must be collected regardless of the last loading point or previous inspections. Said fees must be paid by the market management to the brand inspector immediately after each sale.
All health inspection fees are to be approved by the Wyoming Livestock Board. Such health inspection fees are to be paid directly to the market veterinarian by the market management. Monthly totals of livestock sold through the market must be forwarded to the office of the Wyoming Livestock Board at monthly intervals by the market veterinarian.
Section 11. Removal from Pens. Stock is not to be removed from the pen to which it is consigned without the permission of the brand and health inspectors or until released by the brand and health inspectors in charge.
Section 12. Movement without Inspection Prohibited. The management of livestock markets shall not permit any livestock to leave the premises of the markets until such livestock has been inspected. The management shall not permit removal of any livestock from the market premises unless accompanied by a brand inspection certificate and a brand and health inspector. Copies of brand inspection certificates must be forwarded immediately to the inspection agency and copies of health certificates must be forwarded to the Wyoming Livestock Board. When shipments from a Wyoming market are consigned to an open market where Wyoming brand inspection is maintained, a copy of brand inspection certificate Form B must be forwarded immediately to the inspector in charge at said open market.
Section 13. Governor's Livestock Import Proclamation. All livestock which is moved interstate to livestock markets within the State of Wyoming must comply with the provisions set forth in the Governor's Livestock Import Proclamation, which governs the importation of livestock into the State of Wyoming. All livestock which is moved interstate which has not complied with the governor's Livestock Import Proclamation must be held in quarantine and be inspected and tested as provided by law. All movements will, in addition to complying with the Governor's Import Proclamation, comply with the uniform methods and rules for eradication of brucellosis.
Section 14. Release of Livestock for Interstate Shipment. No livestock sold for interstate shipment shall be released by the market management until the shipment complies with the requirements of the state of destination.
Section 15. Copy of Invoice Furnished Brand Inspector to Substantiate Clearance. A copy of the buyer's invoice must be furnished to the brand inspector to substantiate clearance and the consignor's name and pen number must appear thereon.
Section 16. Records. The market management shall keep on file for a period of not less than 12 months an accurate record of the date on which each consignment was received and sold, together with the name and address of both the buyer and the seller, the number and species of animals and their marks and brands. Said records shall be available to the authorized brand inspector and veterinarian.
Section 17. Forwarding of Certificates and Reports. Copies of health certificates, quarantines and inspection reports must be forwarded immediately after each sale to the Wyoming Livestock Board, Cheyenne, Wyoming.
Section 18. Facilities for Inspection and Handling of Diseased Animals. The market management must provide sufficient assistance and adequate facilities, including chutes and squeeze gates, for the handling, inspection and testing of livestock, and the treatment of diseased or exposed animals.
Section 19. Quarantine Pens. All public markets in the State of Wyoming where animals are collected for sale, or offered for sale, shall provide a suitable quarantine pen or pens located in a portion of the yards approved by a representative of the Wyoming Livestock Board, in which diseased animals shall be placed. The top rail of the gate of each such pen shall be painted solid yellow in color and shall have painted thereon the words QUARANTINE PEN in black letters at least six inches in height. Quarantine pens shall not be used for any purpose other than to hold diseased or suspected diseased animals, and no animal shall be released from such quarantine pen except upon permission from a representative of the Wyoming Livestock Board. Quarantine pens shall be cleaned and disinfected following each sale. All reactors to the agglutination test for bovine brucellosis or animals found diseased or condemned by the Wyoming Livestock Board or the Animal and Plant Health Inspection Service, United States Department of Agriculture, shall be placed in a quarantine pen and shall not be sold through or run through the market where non-diseased animals are sold until after all such non-diseased animals, offered for sale each day, have been sold.
Section 20. Sale of Diseased Animals. Condemned or diseased animals shall not be sold or offered for sale except for immediate slaughter or rendering purposes and shall not be removed from the market yards except upon the written release of an agent of the Wyoming Livestock Board. Condemned or diseased animals shall not be diverted enroute but shall be shipped direct for immediate slaughter or rendering to the consignee designated on the Wyoming Livestock Board representative's written shipping release. Cattle consigned to the market found to be affected with cancer eye (advanced wet lesion) or lump jaw (open discharging) shall be placed in the quarantine pen and sold through the ring after all non-affected livestock has been sold.
Section 21. Indemnity - Diseased Animals. Condemned or diseased animals for which indemnity is to be paid shall be handled and sold in such a manner as not to invalidate the owner's claim for indemnity. (Federal and State laws and regulations provide that such animals shall be slaughtered under official supervision within fifteen (15) days on date of condemnation, unless a written extension of time is granted.)
Section 22. Sanitary Conditions - Inspections. The sale ring and scales and all pens, alleyways, chutes and storage areas must be kept in a clean and sanitary condition.
An accumulation of manure and other debris in pens, watering troughs, etc. shall be cause to close any part or all of the market facility as unsuitable for livestock. State and/or Federal inspectors will maintain surveillance of markets for compliance with Federal Regulation Title 9-CFR part 78 and 76.
Section 23. Duty of Veterinary Inspector to Close Insanitary Facilities. It shall be the duty of the veterinary inspector to close for use any pen, alley or chute, or the entire market, when in his opinion they are unfit to hold livestock and he shall place a placard thereon which shall read, 'Closed. This area unfit for yarding livestock. By order of the Wyoming Livestock Board.' Such pen or alley shall be kept closed until it has been put in a sanitary condition and released for use by the veterinarian.
Section 24. Cleaning Sales Rings. After the completion of each day's sale, the sales ring scales and entering and exit alleys shall be thoroughly cleaned. If considered necessary by a representative of the Wyoming Livestock Board, they shall also be disinfected. All pens and alleys shall be thoroughly sprayed during the fly season with a suitable product.
Section 25. Loading Chutes and Holding Pens. Loading and unloading chutes and holding pens shall be constructed in such a manner as will insure the humane, sanitary, and efficient handling of livestock.
Section 26. Humane Treatment. It shall be the duty of the market management to instruct his employees to handle all livestock in as humane a manner as possible so as to not cause injury to the animals.
Section 27. Duty of Management Regarding Inspection. It is the duty of the market management to ensure that all livestock are brought into the yards in sufficient time prior to the sale to allow the brand and health inspectors to make proper and adequate inspection before the sale commences.
Section 28. Office Space for Inspectors to be Provided. The market management must provide adequate office and storage area to facilitate brand and health inspection at the market and the keeping of the records thereof.
Section 29. Basis for Payment. Recorded brands shall be the basis for payment of the proceeds from the sale of livestock.
Section 30. Duties of Inspectors - General. Inspectors are to inspect all horses, mules, cattle, sheep, and goats irrespective of their origin which are consigned to or yarded in Wyoming livestock markets. All inspectors are to exercise extreme caution in making inspections and all brands on which there is any doubt should be clipped. All brands must be shown in the yard book exactly as they appear on the animal, not as shown in the brand book. If there is any doubt as to the brand, ownership, or point of origin of any livestock, the proceeds are to be marked “Hold.”
Section 31. Duty of Brand Inspectors to Tally Livestock. Brand inspectors must inspect and tally all livestock irrespective or origin and furnish the management of the livestock market with a tally giving the number of livestock, brands or marks and classification, together with the names and addresses of the rightful owners as determined by the inspector.
Section 32. Tracing of Title. The tracing of title to livestock or the securing of adequate proof of ownership shall at all times remain the responsibility of the consignor.
Section 33. Livestock Carrying More Than One Brand. In the case of livestock carrying more than one brand, old brands must be entered in the margin of the yard book. In the case of freshly branded animals, all brands must be tallied as to number and class. Whenever the brand inspector finds livestock bearing two or more recorded brands, the inspector must bear in mind that the oldest brand is the original mark of ownership and must satisfy himself either by proper bills of sale or other adequate evidence that the consignor is the owner of such livestock. This is particularly imperative in the cases where the last brand is a fresh brand. In such cases he must insist upon proper bills of sale or affidavits as to the ownership of such livestock; otherwise, he must mark the tally “Hold.” Unless such evidence is presented within 60 days, proceeds must be sent to the Wyoming Stock Growers Association.
Section 34. Livestock Bearing Brand Not Property of Consignor. Whenever the brand inspector finds livestock bearing a recorded brand which is not the property of the consignor and not accompanied by proper bills of sale showing conveyance of title of said livestock to the consignor, the inspector must mark the tally “Hold” and the proceeds shall be surrendered by the management immediately following the sale to the brand inspector who shall hold for a reasonable length of time, not to exceed 60 days, to allow the consignor to establish evidence of ownership. If the consignor fails to present adequate evidence of ownership, the proceeds of the sale must be sent to the Wyoming Stock Growers Association.
Section 35. Fresh Brands. Whenever the brand inspector finds livestock bearing a fresh brand and no other brand, he must exercise great caution and ascertain if there is any doubt as to ownership. In the absence of doubt, the proceeds shall be ordered paid to the consignor. If, however, the inspector finds any evidence or has reason to believe there is a doubt as to ownership of such freshly branded livestock, he must mark the tally “Hold” and require sufficient evidence of ownership.
Section 36. Unrecorded Brands. If the inspector finds livestock bearing unrecorded brands, he must mark the tally “Hold” and the proceeds shall be surrendered by the management immediately following the sale to the brand inspector who shall hold for a reasonable length of time, not to exceed 60 days, to permit shipper to submit evidence of ownership, such as proper affidavits signed by two responsible parties of the county or origin, who have no financial interest in the livestock. After 60 days, if no satisfactory evidence has been presented, proceeds must be sent to the Wyoming Stock Growers Association.
Section 37. Unbranded Livestock. Whenever the inspector finds livestock with no brands, he must exercise great caution in determining ownership. In the absence of doubt, the proceeds shall be ordered paid to the consignor. If, however, the inspector finds any evidence or has reason to believe there is doubt as to ownership of such unbranded livestock, he shall mark the tally “Hold” and require sufficient evidence of ownership. If the consignor fails to claim unbranded cattle, horses, or mules, this shall be construed as conveying doubt as to the ownership and the animals must be sold as estrays. If after 60 days the inspector is still in doubt as to the ownership of such unbranded livestock, he must send the proceeds to the Wyoming Stock Growers Association.
Section 38. Form A and Form B Certificates or Out of State Brand Clearance as Proof of Ownership. When Form A certificates, Form B certificates or out of state brand clearances are used for proof of ownership and all livestock covered by such certificates or clearances are not sold and the certificates or clearances are returned, the inspector must show on the tally the type of clearance, place of issuance, date and number, if any, and must also enter the words “endorsed and returned” on the tally.
Section 39. Estrays. On all animals consigned as estrays, brand earmarks and descriptions must be entered in the yard books. All proceeds for the sale of estrays must be accompanied by two copies of the tally, two copies of the estray report and two copies of the account of sale.
Section 40. Tariffs to be Filed with Board. All livestock markets in the State of Wyoming must file their tariffs with the Board; said tariffs to show the commission rates, the yardage fees, hay, caret, etc., in order that the Board can correctly determine the proceeds of any estrays that are sold through livestock sale rings through the State of Wyoming. Tariffs must be posted in a conspicuous place on the market premises.
Section 41. Bills of Sale. The bill of sale of livestock belonging to a recorded brand owner must be attached to the brand inspector’s tally on said livestock. In cases where bills of sale cover more livestock than are sold, the inspector must take up the original bill of sale and issue an “inspector’s bill of sale” for the livestock remaining and mark the words “copy issued” on the original bill of sale before attaching to the tally.
Section 42. Proceeds of Sale. All livestock market managers are required to transmit the proceeds of the sale of livestock according to directions of the brand inspector. Livestock market managers are required to send proceeds of sale of livestock that are returned on account of wrong addresses to the Wyoming Stock Growers Association, unless the brand inspector can furnish a correct address.
Section 1. Sales Ring, Pens, Alleys and Chutes to be Paved-Overflow Pens. All pens, sales ring, alleys and chutes, except overflow pens, shall be paved with concrete and must be constructed so as to ensure proper drainage and disinfecting. Overflow pens shall not constitute more than 25% of the total number of pens in the market yard. All overflow pens must be graveled or otherwise adequately surfaced and drained. Facilities for swine shall not be included in computing the total number of pens. (As amended 10-4-67).
Section 2. Facilities for Swine. Adequate sanitary facilities shall be provided for swine. Such facilities shall include concrete floored chutes for loading and unloading alley, and pens for handling, holding, and segregating swine to be examined. Partitions in swine holding areas shall be constructed of such material which lends to proper cleaning and disinfection.
Sufficient water pressure shall be provided to wash pens after each sale. The swine facility shall be disinfected after cleaning and washing as directed by the veterinary inspector.
Section 3. Sheep - Form G-S Certificates-Brands. all sheep consigned to a market which originated in a county other than that in which the market is located must be accompanied by a Form G-S certificate. All sheep carrying recorded brands of someone other than the consignee, the tally must be marked “hold” until the sale or a release of claim is furnished, signed by the recorded owner.
Section 3-1. Sheep-Estrays. In his discretion, the inspector may cause any estray sheep to be held for not more than ten days after such inspection, at a total expense of not more than ten cents ($.10) per day, to enable him to complete his investigation of ownership.
Section 3-2. Sheep-Count. The inspector may accept the sales bar count stipulating the number of sheep as the actual number in lieu of his actual county.
Section 1. Restricted Livestock Market Licenses. Restricted licenses may be issued for the sale of certain classes of livestock. Restricted livestock market licenses are limited to the sale of rodeo stock and show animals.
Section 2. Pens, Alleys, and Chutes. All pens, alleys, and chutes used as a sale ring must be adequately surfaced to provide proper drainage and cleaning.
Section 3. Classes of Livestock Designated. The restricted license shall designate the classes of livestock that may be sold by the restricted livestock market.
Section 4. Revocation of Restricted Licenses. Sales, as defined in W.W. 11-22-191(a)(iii), of livestock not designated on the restricted license by a restricted livestock market shall be grounds for revoking the restricted license.