Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-11-5 - Weighmen, Graders and Auctioneers5.1. Weighman, grader, auctioneer, employment of. -- A public market shall employ a licensed weighman, a licensed grader and a licensed auctioneer at every sale where weighed and graded products are sold at auction.5.2. Grades, classifications, standards. -- A public market representing or advertising that agricultural or horticultural products are being sold on grades, classifications or standards adaptable to such products, shall employ a licensed grader to sort, grade and classify such products. Such grades or standards shall conform to the grades, classifications or standards established by the United States Department of Agriculture or that might be established by the Commissioner.5.3. Licenses: Weighman, grader, auctioneer. -- Application for weighman or grader's license shall be filed with the Commissioner on forms provided by him and shall be accompanied by check or money order in the amount of five dollars ($5.00). Application for auctioneer's license shall be filed with the Commissioner as provided in article two-c, chapter nineteen of the West Virginia Code, and the regulations promulgated thereunder.5.4. License Renewal: Auctioneer, Weighman, Grader - Any weighman or grader desiring to renew his license shall make application for such renewal on application forms provided by the Commissioner, on or before the first day of July of each year. Such application shall be accompanied by a check or money order made payable to the West Virginia Department of Agriculture in the sum of five dollars ($5.00). Any auctioneer desiring to renew his license shall make application to the Commissioner for such renewal as provided in Chapter 19, Article 2C and the regulations promulgated thereunder.5.5. Grader, application and duties. -- The applicant is required to qualify in accordance with the standard rules for grading livestock and other agricultural or horticultural products established by the United States Department of Agriculture and any special requirements established by the Commissioner. 5.5.1. The grader shall grade or classify all products in conformity with grades, classifications and standards established by the United States Department of Agriculture or that might be established by the Commissioner.5.5.2. A grader is authorized to settle disputes on grades and classifications and his decision shall be final unless appealed to the Commissioner.5.5.3. At the end of each sale, the grader shall prepare a report showing the kinds of products graded or classified, the number in each grade or classification, and any other information required by the Commissioner. Such reports shall be in triplicate, the original to be forwarded to the Commissioner not later than the day following the sale, one (1) copy to be given to the public market and one (1) copy to be retained by the grader.5.5.4. A public market shall employ sufficient help to assist the grader in grading and classifying the products. Such employees shall be available to the grader at all times while grading is being conducted.5.6. Weighman, application and duties. -- An applicant for weighman license shall be a person trained and proficient in weighing the products being offered for sale. 5.6.1. The weighman shall have complete and unmolested charge of the scale at all times he is engaged in weighing;5.6.2. Shall record the true and accurate weight of all products weighed;5.6.3. Shall record the weight by typed impression after all other information has been entered and recorded on the ticket;5.6.4. Shall show on the scale ticket the amount of dockage, if any, on livestock and live poultry in addition to the information required to be on the scale ticket;5.6.5. Shall make a certified copy of scale ticket when requested by the owner or consignor of the product;5.6.6. In the case of an error in preparing the scale ticket, the weighman shall make a corrected scale ticket after reweighing of the product. The correction ticket shall be attached to the original ticket and shall show on its face that it is a corrected ticket. A weighman is authorized to settle disputes on weights and scale records, or other matters pertaining to weights, and his decision shall be final unless appealed to the Commissioner.5.7. Auctioneer, application and duties. -- Auctioneers shall be licensed as required under article two-c, chapter nineteen of the West Virginia Code. 5.7.1. In case of a dispute between bidders, the auctioneer is authorized to settle such dispute by reopening the bid and reselling to the highest bidder.5.7.2. An auctioneer, when offering livestock for sale at any public market for immediate slaughter, shall publicly announce that such livestock may be purchased for immediate slaughter only.5.7.3. An auctioneer, when selling livestock received, entered and/or offered for sale by any public market for feeding and breeding purposes, shall publicly announce that such livestock may be purchased for feeding or breeding purposes.5.7.4. An auctioneer, when selling livestock by weight, shall announce the weight of such livestock before same is sold. When any livestock is sold he shall announce the name of the person or firm buying said livestock. When livestock is sold to a person representing himself as agent or order buyer for another person, the auctioneer shall announce the name of the agent or order buyer, and, if possible, the name of the person for whom such livestock was purchased. The auctioneer shall also announce the price at which said livestock was sold. Such announcements shall be in an audible voice that can be heard throughout the sale arena by persons of average hearing.