| (1) |
Definitions
| (a) |
"Animal disease traceability" (ADT) means
a program that is administered by USDA Animal and Plant Health Inspection
Service, Veterinary Services (APHIS VS), with cooperation of the Georgia
Department of Agriculture, that specifies animal identification and record
keeping requirements for livestock moving interstate. |
| (b) |
"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. |
| (c) |
"Association" means a formal business
association where a group of persons have united for the attainment of a
specific purpose or common object. |
| (d) |
"Authorized livestock auction market
veterinarian" means an individual who is licensed to practice veterinary
medicine in Georgia; accredited by the USDA APHIS VS; and authorized by the
Georgia Department of Agriculture to perform prescribed and required duties at
and for the livestock auction market. This individual is hired and compensated
by the livestock auction market with the approval of the Georgia State
Veterinarian. |
| (e) |
"Biosecurity"
means preventive measures designed to prevent the introduction or reduce the
spread of harmful organisms. |
| (f) |
"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. |
| (g) |
"Farmer" means a person who raises
livestock, poultry, equines, or non-traditional livestock; or a person who
raises animals for agricultural purposes. |
| (h) |
"Livestock" means cattle, swine, equines,
sheep, and goats of all kinds and species. |
| (i) |
"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. |
|
| (j) |
"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. |
| (k) |
"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. |
| (l) |
"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 ADT
program or rules and regulations of the Georgia Department of
Agriculture. |
| (m) |
"Person" means any
person, firm, corporation, association, cooperative, or combination
thereof. |
| (n) |
"Special livestock
sale" means any livestock sale other than a regular sale at an establishment
and any sale by a farmer of livestock owned by the farmer where direct payment
is made to the farmer. |
| (o) |
"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. |
| (p) |
"Swine" means members of the species
Susscrofa.
| 1. |
"Domestic Swine" means swine
breeds of the subspecies Sus scrofa domesticus commonly raised
for meat production and housed in inside confinement. |
| 2. |
"Transitional Swine" means domestic swine
held in confinement in outside enclosures with increased risk of contact to
feral swine. |
| 3. |
"Non-traditional
domestic swine" means swine, other than domestic swine, of recognized heritage
breeds that are held in confinement. |
| 4. |
"Feral Swine" means any hog which has
lived any part of its life in a wild, free-ranging state and is currently in
such state or has been taken. |
|
|
| (2) |
Livestock Auction Market Operation and
Facility Requirements
| (a) |
Any new livestock,
poultry, equine, or non-traditional livestock auction market desiring to
commence operation and any existing livestock auction market desiring to change
sale day or days must write to the Commissioner of Agriculture for approval.
Approval is contingent upon available Department personnel. |
| (b) |
All livestock, poultry, equine, or
non-traditional livestock auction markets, buying stations, and concentration
points must be kept in a good state of repair, in a clean and sanitary
condition, and must be disinfected as needed. Cleaning and disinfecting
equipment, including disinfectants, must be maintained on the premises at all
times. |
| (c) |
If animals have entered
the market and are showing signs of an illness classified as a reportable
animal disease under Georgia Department of Agriculture regulations, the
Department Livestock Inspector must be notified. The Department Livestock
Inspector will determine the disposition of the affected animal and all animals
penned or closely associated with the diseased animals in a manner consistent
with Department policy. Such animals may be held separate and may be released
for slaughter as permitted by the State Veterinarian |
| (d) |
All livestock auction markets must
maintain isolation pens to ensure separation of diseased animals from other
animals in the market and maintain biosecurity. |
| (e) |
All livestock auction markets must
establish a biosecurity plan created in partnership with the Georgia Department
of Agriculture covering all applicable species. |
| (f) |
Market toilet facilities must be provided
and maintained in a clean and sanitary condition. |
| (g) |
Adequate lighting must be provided
throughout all livestock auction market facilities. |
| (h) |
Adequate pens and chutes must be provided
by the livestock auction market for carrying out livestock disease control
measures and maintaining biosecurity. Adequate space and facilities must be
provided for veterinary services, Department inspection activities, and any
required laboratory tests. Facilities must be kept in a clean and sanitary
condition. The laboratory must be equipped with hot running water, and the room
temperature of the laboratory must be maintained within a temperature range of
50-80 degrees Fahrenheit. |
| (i) |
Each
livestock auction market must make adequate provisions to isolate, insofar as
practical, the auctioneer, weigher, clerk, and any other employee who has any
duty in regard to making any record of the sale; and an individual must not
interfere with any such employee while he is performing any duty in connection
with the sale. |
| (j) |
Each livestock
auction market must be responsible for entering on a receiving ticket the
license of all trucks which unload livestock at the market as determined by the
State Veterinarian. |
| (k) |
Livestock
auction markets must maintain adequate records of all transactions including
the complete name and address of the seller, purchaser, and livestock dealer
that buy or sell at the establishment. These records must be made available
within 48-72 hours of request to authorized personnel of the Georgia Department
of Agriculture. All records must be retained for five years except the records
of swine transactions, which must be retained for two years. |
| (l) |
All electronic sales of livestock must
meet the same requirements as an approved livestock auction market. |
| (m) |
For purposes of this Chapter, buying
stations must meet the same requirements as livestock auction markets or sales
establishments. |
|
| (1) |
Any person desiring to hold a special
sale must apply in writing to the State Veterinarian for a Special Sale Permit
at least 21 days prior to the sale date. The permit will be granted without
charge upon submission of proof satisfactory to the Commissioner that the
applicant applying for the Special Sale Permit has sufficient surety in an
amount established in a memorandum of understanding with the Department.
| (a) |
Associations holding sales of animals
consigned by its members will not be required to procure surety provided the
directors of the association accept full responsibility for financial
obligations of the sale and release the Commissioner of Agriculture from any
financial responsibility. A resolution supplied by the Department must be
completed by the directors of the association and received by the Department
prior to the Special Sale Permit being issued. |
|
| (2) |
A farmer holding a sale, either
production or dispersal, of his or her livestock for direct payment to the
seller of such livestock is not considered a special sale, even when the sale
is organized and advertised to the public or an auctioneer is utilized. The
producer holding such sale must apply in writing to the State Veterinarian for
a Notice of Sale Permit at least 21 days prior to the sale date. No surety is
required for this type of producer sale. |
| (3) |
A private sale of livestock between two
individuals does not require a permit or surety. |
| (4) |
Georgia 4-H clubs and Georgia Future
Farmers of America chapters are not required to procure surety. |
| (1) |
All back tags and other forms of official
identification must be applied in accordance with instructions issued by the
Department. The livestock auction market must provide necessary facilities for
carrying out this requirement. |
| (2) |
Animals received directly at slaughter establishments must also be back tagged
in accordance with provisions of this section and blood samples may be obtained
and forwarded to the Georgia Department of Agriculture along with the name and
address of the seller of such animals. |
| (1) |
All cattle offered for sale at livestock
auction markets must originate from herds apparently free of any contagious,
infectious, or communicable disease. |
| (2) |
Cattle showing visible symptoms of
disease must be isolated from apparently healthy cattle and consigned to
slaughter, euthanized with proper disposal, or returned to the farm of origin
under quarantine. Such cattle must be accompanied by a Georgia 29 permit or VS
Form 1-27. |
| (3) |
All cattle moving
through livestock auction markets must be individually identified with official
USDA back tags furnished by the Georgia Department of Agriculture or the United
States Department of Agriculture or other identification method approved by the
State Veterinarian.
| (a) |
Beef cattle 18 months
of age or older must be officially identified using a National Uniform
Eartagging System (NUES) ear tag or official USDA 840 Radio Frequency
Identification Device (RFID) ear tag or other identification method approved by
the State Veterinarian. |
| (b) |
All
dairy cattle must be officially identified using a NUES ear tag or official
USDA 840 RFID ear tag or other identification method approved by the State
Veterinarian. |
| (c) |
Cattle moving
directly to slaughter may move on a back tag alone. |
| (d) |
Cattle identified with an out-of-state
USDA back tag must have the out-of-state back tag removed and replaced with a
Georgia back tag. Both tag numbers must be recorded on the consignor's
ticket. |
| (e) |
Feeder cattle may move
in groups with group lot identification instead of individual
identification. |
|
| (4) |
Cattle from out-of-state moved through Georgia livestock auction markets must
meet interstate movement health requirements with the following exceptions:
| (a) |
If the state of Georgia enters into a
reciprocal agreement with other states, cattle may be moved in accordance with
the provisions contained in such agreement. |
| (b) |
Cattle from a Designated Disease
Surveillance Area or any area of high risk as determined by the State
Veterinarian are subject to special import requirements. The Georgia State
Veterinarian's Office may be contacted regarding such requirements. |
|
| (1) |
All swine
offered for sale at livestock auction markets must originate from herds
apparently free of any contagious, infectious, or communicable
disease. |
| (2) |
All swine must be
individually, officially identified using a method approved by the State
Veterinarian. |
| (3) |
Feral swine must
not enter licensed livestock auction markets unless by special permission of
the State Veterinarian. |
| (4) |
Non-traditional domestic swine breeds may enter livestock auction markets,
provided they are accompanied by breed registration documentation. |
| (5) |
Slaughter sales: All sales through such
markets must be for slaughter purposes only and must not be diverted.
| (a) |
Light sows and boars and odd lot swine
under 300 pounds sold through markets must be moved on a Georgia 29 permit or
Form VS 1-27. |
| (b) |
All slaughter
swine must be officially identified using an official USDA National Uniform
Eartagging System (NUES) ear tag or an official USDA 840 Radio Frequency
Identification Device (RFID) ear tag, and USDA official back tag or a method
approved by the State Veterinarian. The livestock auction market must furnish
the Department the complete name and address of the persons selling such
animals. |
|
| (6) |
Feeder/breeder sales: All swine offered for sale at these markets must be
separate from slaughter swine and must originate from herds that are apparently
free of any contagious, infectious, or communicable disease. All breeder swine
six months of age or older must be officially tested negative for brucellosis
and pseudorabies to move from the sale to the buyer's farm. Swine purchased at
these sales will automatically be quarantined to the premises of destination
until official negative test results are obtained, and the swine are released
by the State Veterinarian. All breeder swine and feeder swine must be
identified by a USDA back tag and an official USDA NUES ear tag or an official
USDA 840 RFID ear tag. |
| (7) |
Swine
showing visible symptoms of disease must be isolated from apparently healthy
swine and consigned to slaughter, euthanized with proper disposal, or returned
to the farm of origin under quarantine. Such swine must be accompanied by a
Georgia 29 permit or VS Form 1-27. |
| (8) |
Out-of-state swine moving to approved
livestock establishments in Georgia must meet all interstate requirements,
except where reciprocal agreements exist with other states. |
| (9) |
The State Veterinarian may require or
prohibit the treatment of swine with any biological as required by the Georgia
Department of Agriculture. |
| (1) |
All goats and
sheep offered for sale at livestock auction markets must originate from herds
apparently free of any contagious, infectious, or communicable disease. Any of
these animals offered for sale at livestock auction markets showing visible
symptoms of disease must be isolated from apparently healthy goats or sheep and
consigned to slaughter, euthanized with proper disposal, or returned to the
farm of origin under quarantine. Such goats or sheep must be accompanied by a
Georgia 29 permit or VS Form 1-27. Quarantine will remain in effect until
released by the State Veterinarian. |
| (2) |
Out-of-state goats and sheep moving
through approved livestock facilities in Georgia must meet all interstate
requirements except where a reciprocal agreement exists with other
states. |
| (3) |
All goats and sheep
must be individually identified with tags or approved methods in compliance
with the Official USDA Scrapie Program. One official back tag must be applied
to the head of the goats or sheep within three inches on either side of the
poll. Sheep and goats younger than 12 months may have the back tag placed on
the shoulder instead of the head. |
| (1) |
All poultry offered for sale through
Georgia markets must originate from flocks apparently free of any contagious,
infectious, or communicable disease. Any poultry that shows signs of illness
must not be allowed entry to the sale and may be returned to the farm of origin
under quarantine. Quarantine will remain in effect until released by the State
Veterinarian. |
| (2) |
Out-of-state
poultry may move freely through Georgia poultry markets provided they meet all
interstate requirements except where a reciprocal agreement exists with other
states. |
| (3) |
Each poultry sales
market must have a written biosecurity plan and a poultry disposal method or
facility approved by the Georgia Department of Agriculture. |
| (1) |
All equine offered for sale at Georgia
auction markets must originate from herds that are apparently free of any
contagious, infectious, or communicable disease. Any of these animals showing
signs of illness will not be allowed entry to the sale and may be quarantined
to the farm of origin. Quarantine will remain in effect until released by the
State Veterinarian. |
| (2) |
All equine
offered for sale through Georgia auction markets must be accompanied by the
original negative equine infectious anemia (EIA) laboratory test record issued
within the past 12 months. Untested equine may move directly to an approved
sale where a sample will be collected prior to the sale. The seller will be
liable for the cost of the test and must reimburse the buyer of the animal if
the test is positive. |
| (3) |
Out-of-state equine must be accompanied by the original negative equine
infectious anemia (EIA) laboratory test record issued within the past 12 months
and a Certificate of Veterinary Inspection issued within 30 days of
arrival. |
| (4) |
Abused or starving
equine that are offered for sale at Georgia auction markets that exhibit clear
signs of abuse or starvation shall be impounded in accordance with the Georgia
Humane Care for Equines Act upon approval of the State Veterinarian. |
| (5) |
A person must not use drugs,
tranquilizers, or medication which may conceal defects, falsely enhance the
appearance of quality or otherwise result in misrepresentation in sale of an
equine animal. |
| (6) |
All equines must
be individually identified with a USDA or Georgia Department of Agriculture
approved tag, painted identification or other identification method approved by
the State Veterinarian. |
| (1) |
All
non-traditional livestock offered for sale at livestock auction markets must
originate from herds apparently free of any contagious, infectious, or
communicable disease. Any of these animals offered for sale at auction markets
showing signs of illness must not be allowed entry to the sale and may be
quarantined to the farm of origin. Quarantine will remain in effect until
released by the State Veterinarian. |
| (2) |
Out-of-state non-traditional livestock
moving through approved livestock facilities in Georgia must meet all
interstate requirements except where a reciprocal agreement exists with other
states. |
| (3) |
All non-traditional
livestock must be individually identified by an approved official USDA back tag
and a USDA National Uniform Eartagging System (NUES) ear tag, official USDA 840
Radio Frequency Identification Device (RFID) ear tag, ISO compliant microchip,
or method approved by the State Veterinarian. |
A veterinarian licensed in Georgia and USDA Category II
accredited in the state of Georgia must be selected by the auction market as
required by the State Veterinarian to provide the required veterinary services
at the market. Such veterinarians must be approved by the Georgia Department of
Agriculture in writing. It will be the responsibility of the approved
veterinarian to personally perform all veterinary services required by the
Department at the market and such inspection services as may be necessary
regarding sanitation and final inspection and disposition of abnormal animals.
Veterinary services must be at the market's expense.
| (1) |
The Georgia Department of Agriculture
will provide a livestock inspector to each sale, whose duty will be to enforce
rules and regulations outlined in this chapter. |
| (2) |
The inspector will determine normal and
abnormal animals. Abnormal animals must be held for examination by the
authorized market veterinarian. Abnormal animals must be returned to the farm
of origin or sent to slaughter as determined by the State
Veterinarian. |
| (3) |
Any person who
assaults or threatens to assault any livestock inspector or other employee of
the Georgia Department of Agriculture, in addition to being subject to
punishment as provided by law, will also be subject to having such license
and/or permit held by the individual revoked, canceled, or suspended by the
Commissioner of Agriculture of the state of Georgia. |
| (1) |
All livestock in a livestock auction
sales establishment must be handled, graded, sorted, and sold, including
loading and unloading, in a humane manner and method as to prevent damage to
the livestock by bruising or other injury. |
| (2) |
Any livestock that die on sale premises
must be disposed of in accordance to the rules of Georgia's Dead Animal
Disposal Act. |
Any person violating the provisions of this chapter will be
guilty of a misdemeanor.
