330 CMR, § 11.03

Current through Register 1529, August 30, 2024
Section 11.03 - Dealing and Transportation of Swine
(1)License Required. No person may engage in the business of dealing in Swine in Massachusetts without a valid livestock dealer license issued by the Department, and no such person may transport Swine in any vehicle lacking a valid dealer license plate on the driver's side.
(2)License Application. Any person needing a livestock dealer license should submit the appropriate fee and an application on a form provided by the Department. If the applicant's facilities and vehicles fail to pass Department inspection or the Department otherwise finds that the applicant is not in compliance with 330 CMR 11.00, the Department may refuse to issue such license. Applicants may appeal any license denial within seven days.
(3)License Plate. The Department will issue a livestock dealer license plate to each licensee, to be valid for the term of the license. Licenses will expire on November 30 of each year unless renewed. The Department will provide renewal decals with license renewals. If the license is ever revoked, the party whose license is revoked must promptly return the dealer license plate and accompanying decal(s) to the Department.
(4)Duties of Licensees. Licensees must keep all areas and vehicles used for Swine in a clean and sanitary condition. Unless acting pursuant to a written waiver issued by the Director based on satisfactory test results, Licensees must allow on premises only Swine that are moved directly from herds or states that have been rated pseudorabies and brucellosis-free by USDA. Such waivers shall issue solely at the Director's discretion.
(5)Inspection and Testing. Licensees must submit Swine, and areas and vehicles used for Swine, to inspection and testing at any time the Department may deem it necessary.
(6)Recordkeeping. Licensees must maintain, subject to Department inspection, for a minimum of two years, a record book listing every Swine transaction, giving Official ID or, if Official ID is not required because the animal(s) will go directly to slaughter, backtag number or slap tattoo; date purchased, repossessed, sold, traded or loaned; from whom obtained; and to whom transferred.
(7)Revocations and Suspensions; Appeals. The Department may, after a full and fair hearing, revoke or suspend any license if it finds that applicable Department laws or regulations have been violated. Any person aggrieved by such a decision may, within seven days, appeal to the Commissioner of the Department. The Commissioner or his or her designee may, after a full and fair hearing, order the decision to be affirmed, modified or annulled. No such appeal will stay any decision of the Department. Further appeals may be made pursuant to M.G.L. c. 30A.

330 CMR, § 11.03

Amended by Mass Register Issue 1323, eff. 10/7/2016.