Section 48.1-02-01-09 - Nontraditional livestock category 2 and category 3 auction1. Sales of category 2 and category 3 nontraditional livestock, as defined in section 48.1-09-01-02, conducted through a process in which they are held out for sale to the public, through auction, bidding, or otherwise published or announced for sale, require a nontraditional livestock auction permit, and veterinary inspection of animals. All nontraditional livestock are subject to all other regulations while in the state.2. The application for an auction permit must be submitted to the board at least thirty days prior to the date of auction. Once issued, the permit is valid for that event only.3. Immediately prior to the beginning of the auction of a nontraditional livestock animal, information concerning requirements for nontraditional livestock license, disease testing, and certificates of veterinary inspection, must be provided by sales management to potential buyers.4. All potential buyers and sellers shall register at the auction and provide nontraditional livestock license numbers, if applicable. a. A ten-day grace period, in which to apply for a license, may be granted to purchasers of category 2 animals provided adequate facilities are available to house the animals.b. Purchasers of category 3 animals shall have a current nontraditional livestock license for that species in place prior to taking possession of category 3 animals.5. The nontraditional livestock auction permitholder shall ensure that an accredited veterinarian, licensed in the state, is available during the permitted nontraditional livestock auction sale. a. The accredited veterinarian shall inspect the animals prior to sale on the day of sale.b. Nontraditional livestock unfit for sale, as determined by the veterinarian, may not be accepted for sale or trade.6. Auction sale operators shall submit records on all animals consigned for the auction to the board as specified in the auction permit within ten days of the date of the auction.7. Facilities and records may be inspected by the board or its agent during standard working hours. Any documents required by the board must be provided.8. A nontraditional livestock private treaty sale, that does not meet the above criteria, is exempt from the requirements of this chapter. However, prior to a private treaty sale of nontraditional livestock, the seller shall notify the buyer if a North Dakota nontraditional license is required.9. Private sales or exchanges on the auction grounds on the dates of auction are prohibited.10. The board of animal health may deny a nontraditional livestock auction permit to individuals who have failed to comply with health and recordkeeping sale requirements.N.D. Admin Code 48.1-02-01-09
Adopted by Administrative Rules Supplement 2016-361, July 2016, effective 7/1/2016.Amended by Administrative Rules Supplement 2024-393, July 2024, effective 7/1/2024.General Authority: NDCC 36-01-08
Law Implemented: NDCC 36-01-08, 36-01-12