Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-13 - ANIMAL HEALTH DIVISION › Subject 40-13-7 - LICENSING › Rule 40-13-7-.01 - Licensing and Surety Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Definitions:
(a) "Approved livestock auction market" means
				a livestock auction market or livestock sales establishment that must comply
				with all federal and state laws and requirements set forth by the Georgia
				Department of Agriculture. For purposes of the following rules and regulations,
				buying stations and livestock concentration points are treated as livestock
				sales establishments. An auction market may operate as both a market and a
				dealer, which would require a separate license and surety.
(b) "Electronic livestock sales" means sales
				of livestock, poultry, equines, and non-traditional livestock conducted on a
				commission or other fee basis by any person through the use of online, video,
				or other electronic methods without the physical presence of buyer or seller
				and without a physical examination of the livestock performed by the
				buyer.
(c) "Farmer" means a person
				who raises livestock, poultry, equines, or non-traditional livestock; or a
				person who raises animals for agricultural purposes.
(d) "Livestock" means cattle, swine, equines,
				sheep, and goats of all kinds and species.
(e) "Livestock dealer" means any livestock
				auction market, person, or agent of such person or livestock auction market
				which engages in or facilitates, including by electronic means, the business of
				buying, selling, exchanging, or otherwise transferring ownership of livestock
				or non-traditional livestock within the state for his or her own account or for
				that of another. For purposes of the following rules and regulations, brokers
				and packer buyers are treated as livestock dealers. The term "dealer" does not
				include:
1.Farmers acquiring livestock solely
				for the purpose of grazing and feeding as part of their farm
				operations;
2.Packers whose total
				annual purchases of livestock are less than $50,000.00, and who buy only from
				licensed dealers and licensed sales establishments;
3.Persons selling only livestock of their own
				production or buying only for their own production; and
4.Persons auctioning livestock on behalf of a
				third party.
(f)
				"Livestock auction market operator" means any person or entity engaged in the
				business of operating a livestock sales establishment or a public auction or
				sale of livestock; or who houses livestock with the intended purpose of auction
				or sale.
(g) "Non-traditional
				livestock" means the species of the Order Artiodactyla listed as antelope,
				bison, buffalo, catalo, elk, deer other than white-tailed deer, and water
				buffalo; as well as members of the Camelidae family listed as camels, llamas,
				and alpacas that are held and possessed legally under the wild animal
				provisions of O.C.G.A. Title 27.
(h) "Official identification" means methods
				of species identification approved by the State Veterinarian. Backtags may be
				used as official identification only in circumstances outlined by the USDA
				Animal Disease Traceability program or rules and regulations of the Georgia
				Department of Agriculture.
(i)
				"Person" means any person, firm, corporation, association, cooperative, or
				combination thereof.
(j) "Surety"
				means a letter of credit, certificate of deposit, or other written instrument
				issued or executed by a lending institution or bonding, surety, or insurance
				company licensed to do business in this state, guaranteeing the faithful
				performance of the terms of the contract of purchase, including the payment of
				the purchase price of all livestock purchased by the holder of such instrument,
				made payable to the Commissioner for the benefit of persons sustaining loss
				resulting from the nonpayment of the purchase price or the failure to fulfill
				the terms of the contract of purchase.