Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXI - Animals and Animal Health › Chapter 3 - Livestock Auction Markets; Market Agencies; Dealers › Section XXI-301 - Livestock Auction Market Requirements (Formerly Section 111)

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall
				operate a livestock auction without first obtaining a livestock auction market
				permit from the board. Any person operating a livestock auction market without
				a valid livestock auction permit will be in violation of this regulation and
				subject to prosecution.
B.
				Conditions for Issuing a Livestock Auction Market Permit
1. That proper bond has been posted with the
				board as required by
				R.S.
				3:565, or it is properly bonded under the
				U.S. Packers and Stockyards Act.
2.
				The livestock auction market must provide the following:
a. adequate and sanitary housing for use of
				state-federal personnel to conduct tests, including the rivanol test for
Brucellosis
. This will include running water, adequate
				lighting, sanitary plumbing facilities, heating and cooling when necessary and
				refrigeration for biologics if the quantity to be kept on hand will warrant it.
				Otherwise, state or federal personnel will furnish his own portable
				refrigeration;
b. separate pens for
				holding
Brucellosis
reactors;
c. adequate facilities and personnel to
				separate and restrain livestock to enable the auction veterinarian and/or
				representatives of the Livestock Sanitary Board to carry out the requirements
				of this regulation.
3.
				The auction operator agrees to operate the sale in conformity with the
				requirements of this regulation.
4.
				The day of the week approved by the board for the conduct of the sale must be
				established prior to the issuance of the charter.
a. In the application for charter, the
				applicant shall specify the day(s) of the week on which he desires to conduct
				sales.
b. No requested sales day
				shall be approved for any applicant if any established, chartered auction
				market(s) located within a 50-mile radius of the applicant has received prior
				board approval for the conduct of a sale on the same day of the week, provided
				that the board may approve more than one sale on the same day of the week
				within 50 miles of each other if the board finds that the types of livestock
				being sold at each sale are substantially different and neither sale would
				adversely affect the other.
c.
				Whenever any established, previously chartered auction market desires to change
				the day of the week approved by the board for the conduct of his sale, the
				operator shall submit a request for a change of approved sales days at least 15
				days prior to the desired change, which request shall include, but not be
				limited to, the following information:
i. day
				of the week previously approved for the sale;
ii. day of the week for which approval is
				sought; and
iii. statement
				identifying reasons for the requested change, specific benefits which are
				expected to accrue to producers and buyers, and proposed allocation of board
				personnel to handle the change of sales day. If the established market desires
				to change the approved sales day to the same day previously approved for
				another established auction market within a 50-mile radius, the operator shall
				submit the same statement as required by
				§131. B.4 b
d. In any case where two or more
				chartered markets located within a 50-mile radius desire to conduct sales on
				the same day of the week, and the statement required under
				§131. B.4.b is not filed
				by all such chartered operators, the board shall establish the day of the week
				on which each operator shall conduct his sale.