Okla. Admin. Code § 35:15-13-3

Current through Vol. 42, No. 8, January 2, 2025
Section 35:15-13-3 - General requirements for a livestock auction market
(a) Any person owning, operating, conducting, or maintaining a livestock auction market shall be required to employ a livestock auction market veterinarian for auctions selling cattle, horses, swine, or other species as determined by the state veterinarian.
(b) The buyer's invoice shall include the buyer's name and address and a description of the livestock as to age, color, and sex.
(c) The seller's invoice shall include the seller's name and address and a description of the livestock as to age, color, and sex.
(d) The livestock auction market veterinarian or sale company shall not be responsible for results of any tests that are conducted properly or for any reactor animals or responder animals found in the market.
(e) Refusal or failure to comply with Department rules shall be just cause for the revocation or suspension of the livestock auction market license.
(f) No person owning, operating, conducting, or maintaining a livestock auction market shall allow any of the following animals to leave the livestock auction market unless it is individually identified by an official identification with an exception for weak cattle or cattle that pose a greater than normal risk of being injured or injuring a person:
(1) All beef cattle eighteen (18) months of age or older, except terminal fed steers and heifers, going directly to a feedlot or slaughter which will not be reintroduced into the breeding herd;
(2) All dairy cattle;
(3) All "M" branded cattle including any commingled cattle, and
(4) All roping, exhibition, event, and rodeo cattle.
(g) Weak cattle or cattle that pose a greater than normal risk of being injured or injuring a person may be sold with a back tag and slaughter only tag to be transported directly to slaughter.
(h) The owner or operator of the livestock auction market shall keep records of each animal consigned or delivered to the livestock auction market for a period of five (5) years for disease traceback purposes, including but not limited to, the following:
(1) "Drive-in" or any other documents identifying the backtag, owner's name and address, and license tag of mode of transportation;
(2) Any records kept pursuant to the Livestock Auction Market Act;
(3) Records of any official identification applied to the animal or already existing with the animal;
(4) Any records available regarding the purchaser of the animals; and
(5) Records of official identification that are sufficiently legible and accurate to facilitate successful tracebacks.
(i) Each livestock auction market shall sign and have on record with the Department the most current livestock market contract for each of the species sold at the market. Markets shall sell onlyspecies approved to be handled, sold, or exchanged pursuant to their livestock auction market license.
(j) The livestock auction market shall make the above records available to Department personnel when requested on nonsale days. In an emergency, records may be requested and shall be made available to Department personnel regardless of sale schedule.
(k) Routine Livestock Auction Markets shall not be scheduled on Sundays. Sunday sales shall require special permission of the State Veterinarian.

Okla. Admin. Code § 35:15-13-3

Amended at 24 Ok Reg 1746, eff 6-25-07 ; Amended at 26 Ok Reg 607, eff 1-13-09 (emergency); Amended at 26 Ok Reg 1809, eff 7-1-09 ; Amended at 27 Ok Reg 2411, eff 7-25-10 ; Amended at 30 Ok Reg 788, eff 7-1-13

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017
Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021
Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/12/2022
Amended by Oklahoma Register, Volume 40, Issue 23, August 15, 2023, eff. 9/11/2023
Amended by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 8/11/2024

On 7-25-11, a permanent rule called "Testing Equine Piroplasmosis equids" was added at this number (35:15-13-3), creating a duplication in numbering. The rule, which was intended to be included in a new Part 13 of Subchapter 11 of this Chapter, was editorially renumbered to 35:15-11-53 prior to codification.