§ 201.49 Requirements regarding scale tickets evidencing weighing of livestock, live poultry, and feed. ( a ) When livestock, poultry or feed is weighed for the purpose of purchase, sale, acquisition, or settlement, a scale ticket must be issued which must be serially numbered and used in numerical sequence. Sufficient copies must be executed and provided to all parties to the transaction. Unused and partially executed scale tickets must not be left exposed or accessible to other parties and, except in feed mills, must be kept under lock when the weigher is not at the scale. In instances where the weight values are automatically recorded directly on the account of purchase, account of sale, or other basic transaction record, this record may serve in place of a scale ticket.
( b ) *Livestock.* When livestock is weighed for the purpose of purchase or sale, or when livestock is purchased on a carcass weight or carcass grade and weight basis, the live or hot carcass weights must be recorded using a scale equipped with a printing device, and such printed weights must be retained as part of the person or firm's business records to substantiate settlement on each transaction. In instances where the weight values are automatically recorded directly on the account of purchase, account of sale, or other basic transaction record, this record may serve in place of a scale ticket. Scale tickets or other basic transaction records issued under this section must show: ( 1 ) The name and location of the agency performing the weighing service;
( 2 ) The date of the weighing;
( 3 ) The name of the buyer and seller or consignor, or a designation by which they may be readily identified;
( 4 ) The number of head;
( 5 ) Kind of livestock;
( 6 ) Actual weight of each draft of livestock; and
( 7 ) The name, initials, or identification number of the person who weighed the livestock, or if required by State law, the signature of the weigher, except for an automated weighing system where a weigher is not stationed at the scale.
( c ) *Poultry.* When live poultry is weighed for the purpose of purchase, sale, acquisition, or settlement by a live poultry dealer, the scale ticket or other basic transaction record must show: ( 1 ) The name of the agency performing the weighing service;
( 2 ) The name of the live poultry dealer;
( 3 ) The name and address of the grower or seller, and purchaser, or a designation by which they may be readily identified;
( 4 ) The name, initials, or identification number of the person who weighed the poultry, or if required by State law, the signature of the weigher;
( 5 ) The city and state in which the scale is located, and, if more than one scale is used to obtain the weight of poultry within the same facility, the identity of the scale;
( 6 ) The zero balance for both the gross weight and tare weight;
( 7 ) The date and time zero balance was determined;
( 8 ) The gross weight, tare weight, and net weight;
( 9 ) The date and time gross weight and tare weight are determined;
( 10 ) The number of poultry weighed;
( 11 ) The weather conditions;
( 12 ) Whether the driver was on or off the truck at the time of weighing, if applicable; and
( 13 ) The license number or other identification numbers on the truck and trailer, if weighed together, or trailer if only the trailer is weighed; *provided,* that when live poultry is weighed on a scale other than a vehicle scale, the scale ticket or other basic transaction record need not show the information specified in paragraphs (c)(11) and (c)(12) of this section.
( d ) *Feed.* Whenever feed is weighed and the weight of the feed is a factor in determining payment or settlement to a livestock producer or poultry grower, the scale ticket or other basic transaction record must show: ( 1 ) The name of the agency performing the weighing service, or the name and location of the firm responsible for supplying the feed;
( 2 ) The name and address of the livestock producer or poultry grower, or a designation by which they may be readily identified;
( 3 ) The name, initials or identification number of the person who weighed the feed, or if required by State law, the signature of the weigher;
( 4 ) The city and state in which the scale is located, and, if a facility has more than one scale on which feed is weighed, the identity of the scale;
( 5 ) The zero balance; *provided* that when using a vehicle scale to weigh feed for more than one producer or grower on the same multi-compartment truck, the preceding producer's or grower's gross weight can be used for the next producer's or grower's tare weight without printing a zero balance, and repeated until the unit is full;
( 6 ) The date and time zero balance was determined;
( 7 ) The gross weight, tare weight, and net weight of each lot assigned to an individual producer or grower, if applicable;
( 8 ) The date and time gross weight and, if applicable, tare weight, are determined;
( 9 ) The identification of each lot assigned to an individual producer or grower by vehicle or trailer compartment number and seal number, if applicable;
( 10 ) Whether the driver was on or off the truck at the time of weighing, if applicable; and
( 11 ) The license number or other identification numbers on the truck and trailer, if weighed together, or trailer if only the trailer is weighed, if applicable.
[78 FR 51663, Aug. 21, 2013]