Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-11-6 - Operations6.1. Clerk shall record price and purchaser - A public market clerk shall record the name of the buyer and the price at which the products are sold as announced by the auctioneer.6.2. Animals, identification of. -- It shall be the responsibility of each public market to individually identify by numbered tag each animal consigned to said market. Such tag number shall be recorded on the scale ticket in the space provided. 6.2.1. The consignor shall bear the responsibility for delivering correctly paired cows and calves to the market.6.3. Agents, order buyers, purchases by. -- When purchases are made at a public market by a person representing himself as agent or order buyer for another person, such public market shall record on the manifest, invoice and other records the name of the agent or order buyer, and for what person such was purchased.6.4. Scale tickets. -- A public market shall use scale tickets made in quadruplicate, or triplicate where manifest sheets are used, numbered serially, and shall contain the following information: (refer to Appendix A)6.4.1. A public market shall record in spaces provided on the scale ticket all required information. The weighman shall record the true and actual weight of livestock, poultry and other agricultural or horticultural products entered and recorded for sale by the pound. A public market shall deliver one (1) copy of the scale ticket to the consignor, one (1) copy to the purchaser, if requested, one (1) copy to the Commissioner of Agriculture or his agent, and retain one (1) copy for permanent record.6.4.2. In case of a dispute over any weights, a public market official shall, upon request of either the consignor or buyer, reweigh any livestock, poultry, agricultural or horticultural product in question. Disputes arising from such reweighing may be appealed to the Agriculture Commissioner or his duly authorized agent.6.4.3. Organizations exempted under the definition of a public market when selling agricultural or horticultural products by weight shall deliver to each consignor, at time of consignment, a scale ticket indicating the correct weight of the product(s) consigned.6.5. Records and account. -- A public market shall keep a complete and accurate record of all transactions. The Commissioner or his duly authorized agents shall have the right to enter the premises of any public market, at all reasonable hours, to examine the books and records of such market and to make any other inspection deemed necessary.6.6. Reports, statistical. -- A public market, when requested, shall make and furnish reports or other statistical information to the Commissioner on forms furnished by the Commissioner.6.7. Inspection and test certificates. -- A public market shall complete test or inspection certificates issued by the veterinarian covering livestock tested or inspected by writing in the name and address of the purchaser in the blank spaces provided for same.6.8. Records, disposition of. -- A public market shall keep any and all books, records, documents or other papers which contain or explain transactions of its business for a period of at least five (5) years.6.9. Proceeds of sale, prompt accounting. -- All moneys received from the sale of agricultural or horticultural products by a public market are hereby declared to be the property of the consignor. A public market shall be responsible to a consignor for the full market value of all agricultural or horticultural products received or entered for sale. A public market shall within seventy-two (72) hours following the conclusion of the daily activities of such market, transmit or deliver by check to the consignors or the consignor's duly authorized agent, or by mail, the net proceeds received from the sale of the consignor's products, and a true written account of such sale showing the number, weight and price of each kind of livestock, poultry, agricultural or horticultural product sold, the name of the purchaser, the purchaser's agent or order buyer, if any, the date of the sale, the commission, yardage and any other lawful charges, and any other facts as may be necessary to complete the account. 6.10. Market zone establishment. -- The Commissioner shall establish and define an area surrounding each public market as the market zone for such public market and shall enter the boundaries of such market zone upon the records of the Department and cause such boundaries to be posted. All agricultural and horticultural products entering a market zone shall be handled and sold through the market and shall be subject to all the rules and regulations governing a public market.6.11. Veterinarian, Authority of. -- Accredited veterinarians or livestock technicians employed by the Commissioner shall have the right to enter any public market or premises, public or private, within such market or market zone, where they have reason to believe that diseased animals or poultry may have been confined or kept in or on such premises, make examinations or apply such tests as may be necessary to determine whether or not any contagious or infectious disease exists.6.12. Livestock, inspected or tested, disposition of. -- A public market shall not permit the removal of any livestock or poultry inspected or subject to inspection, or tested or subject to test for any communicable or infectious disease affecting livestock or poultry, unless and until released by the veterinarian or livestock technician.6.13. Veterinary biological, furnished by, disposition of. -- A public market shall furnish all necessary veterinary biologicals for testing livestock. Such veterinary biological products shall be approved by the Commissioner, shall be administered by an accredited veterinarian or an agent under his supervision, and shall be used exclusively for testing livestock received, sold or offered for sale through the public market.6.14. Veterinary assistant, employed by. -- A public market shall employ sufficient help to assist the veterinarian or his agent in testing livestock at the market. Such employees shall be available to the veterinarian or his agent at all times on the day of the sale.6.15. Diseased animals, disposition of. -- Livestock received by a public market which show symptoms of contagious, infectious or communicable disease, may be held in quarantine, on the premises of such public market, at the expense of the owner.6.16. Pens, quarantine. -- A public market offering livestock for sale is required to provide and designate by name "Quarantine Pens" to be used exclusively for brucellosis reactor cattle and hospital pens for livestock quarantined for diseases other than brucellosis.6.17. Cattle, responsibility for penning. -- A public market shall take the full responsibility for and place all mature cattle in testing pens. All such cattle shall be tested for brucellosis by an accredited veterinarian or livestock technician.6.18. Cattle, originating other public markets. -- Mature cattle originating from a dealer, or from another public market within the state, shall not be received, sold or offered for sale for feeding and breeding purposes unless accompanied, at time of delivery, by a brucellosis test certificate showing such animal or animals to have been tested negative for brucellosis within thirty (30) days.6.19. Cattle testing, brucellosis, disposition of reactors. -- All cattle placed in testing pens shall be tested for brucellosis. No cattle subject to test for brucellosis shall be released to purchaser until they have been bled and the test results have been obtained. 6.19.1. All cattle when tested and found to be reactors shall be tagged in the left ear with a metal tag and branded on the left jaw with the letter "B," and sold only for immediate slaughter.6.19.2. All testing pens allotted for cattle received, offered for sale, sold or exposed for sale shall be properly cleaned after each sale. If conditions warrant, the State Veterinarian may request that such pens be properly cleaned and disinfected.6.19.3. Nonreacting cattle from a herd entering a public market in which reacting cattle are found by market testing may be returned to the farm under quarantine to be tested at state expense, or sold for immediate slaughter.6.20. Swine, responsibility for penning, identification and inspection. -- A public market shall place all swine to be offered for sale for feeding or breeding purposes in swine pens, for identification and inspection by methods approved by the Commissioner. All pens allotted for swine received, offered, sold or exposed for sale for feeding and/or breeding purposes shall be thoroughly cleaned and disinfected after each sale by the public market.6.21. Reports false and misleading. -- A public market shall not issue or circulate any false or misleading reports, records or representations concerning market conditions or the price of any products.6.22. Market responsibility to purchaser. -- A public market shall be responsible to the purchaser of any product until the responsibility for such is signed for by the purchaser or his authorized agent.6.23. Settlements, based on weights. -- When livestock or live poultry is bought and/or sold by weight, settlement therefor shall be on the basis of the weight shown on the original scale ticket or corrected scale ticket. Shrinkage deductions in weight of livestock must be shown in writing on all copies of the scale ticket and the consignor's sale invoice.
6.24. Products to be sold on own merits to highest bidder. -- A public market shall offer all products consigned for sale at auction and shall sell such products to the highest bidder.6.25. Livestock intermingling. -- A public market shall not pen livestock entered or received to be sold for immediate slaughter, with cattle entered or received to be sold for feeding and/or breeding purposes.6.26. Livestock, condition of. -- Public market officials shall cause the condition of any obviously sick, injured or otherwise unhealthy animals to be noted on the scale ticket and such condition must be announced by the auctioneer prior to the sale of such animal.6.27. Price guarantees prohibited. -- No public market, in soliciting consignment of products, shall guarantee to the owner or others thereof that such products will be sold at a specific price or prices if consigned to its market.6.28. Market manager prohibited from buying, selling or trading in livestock in the market. -- A public market shall not permit its manager to engage in buying, selling or otherwise trading in livestock for himself, his agent or partner at said markets. 6.28.1. Licensed weighmen, graders and auctioneers employed as such at a public market shall not buy or trade in agricultural or horticultural products at the public markets at which they are employed as weighmen, graders or auctioneers.6.28.2. When it appears to the manager of a public market that the product being offered for sale is selling below a reasonable market price, the manager may buy said product in the name of the public market at which he is employed. He shall have the right to sell such product purchased by the market to anyone other than himself, and if there be a loss on the sale of such product, the public market shall absorb such loss. On such purchases and sales, the public market shall set up a special account on which all such transactions are to be recorded, and shall make an itemized report to the commissioner on forms furnished by him, when requested.6.29. Schedule of rate and charges for Public Markets. Each public market shall file with the Commissioner, a signed copy of all schedules of rates and charges, supplements and amendments thereto. The schedules, supplements and amendments must be conspicuously posted for public inspection at the public markets and filed with the Commissioner at least ten (10) days before their effective dates. Each schedule, supplement and amendment shall set forth its effective date, a description of the services rendered, the public market at which it applies, the name and address of the public market owner, the kind of products covered by the schedule and any rules and regulations which effect any rate or charge contained therein. 6.29.1. The rate schedule may be based on either a base rate or a percentage rate. The rates for special sales for unusual services, such as are included in purebred or dispersal sales, shall be determined under special arrangements agreed to between the parties prior to such sales. Such tariff rate schedules shall be forwarded to the U.S. Department of Agriculture, Packers and Stockyards Administration for their consideration at least ten (10) days prior to their effective date with a copy of such correspondence provided to the Commissioner.6.30. Fees to be collected, tests. -- A public market shall:6.30.1. Collect a fee of one dollar ($1.00) per head for all cattle tested for brucellosis.6.30.2. On the first day of each month, forward to the Commissioner all moneys due for testing done during the previous month.6.31. Sales, regular and special. -- All public markets shall continue to operate on the same day of the week on which they are holding regular sales as of the effective date of these regulations. A public market desiring to make a change in its regular sale day shall file an application at least sixty (60) days prior to the date of such contemplated change with the Commissioner. A public market shall not advertise and hold special livestock sales on days other than their regular sale day, until such public market has been given permission by the Commissioner to hold such sale. When a public market desires to hold a special sale, it shall make application in writing at least thirty (30) days prior to the date it contemplates holding such sale, to the Commissioner, and shall include all information pertaining to the character of the sale. 6.31.1. A public market that discontinues a regular sale day or the operation of the market for a period of time during the year shall notify the Commissioner, in writing, at least fourteen (14) days in advance of such discontinuance, and shall again notify the Commissioner at least fourteen (14) days in advance, in writing, of the scheduled reopening of the market.6.31.2. Livestock and poultry sold at special sales by public markets are subject to the same health requirements as regular scheduled sales.6.31.3. Sales totally sponsored, organized and financed by the State of West Virginia or by any state, regional or county agricultural fair or festival, or by any 4-H, FFA or other educational activity shall file their reasons, in writing, for exemption from the definition of a public market with the Commissioner at least thirty (30) days prior to the event and before February 15 each year if the event is held annually.6.31.4. Nonprofit associations, nonprofit corporations and breed associations planning livestock sales within the state shall file in writing with the Commissioner annually or before February 15 of each year, the place and date of all such sales if an annual event, or at least thirty (30) days prior to the event if it is held irregularly or is being held for the first time.6.31.5. Nonprofit associations, nonprofit corporations and breed associations planning sales in West Virginia shall file with the Commissioner at least thirty (30) days prior to the sale a bond in the amount no less than the average of all other public markets that have been in operation more than twelve (12) months or shall file a certified copy of the bylaws of the corporation or association with the Commissioner advising him that the members offering stock at the sale shall bear any loss in proportion to the total value of such stock being sold at such sale.6.31.6. At the conclusion of each nonprofit association, nonprofit corporation or breed association sale, the secretary of the organization conducting such sale shall certify to the Commissioner in writing that only active members in good standing sold livestock at such sale. Such reports must state that all proceeds due consignors have been paid in full. Any deficiencies in payment from purchases must be reported immediately to the Commissioner and shall include the name, address and phone number of such purchaser and the amount of the deficiency.6.32. Clerk shall record price and purchaser. -- A public market clerk shall record the name of the buyer and the price at which agricultural or horticultural products are sold as announced by the auctioneer.