The Vermont Statutes Online

Title 6: Agriculture

Chapter 063: Livestock-Related Businesses, Auctions, and Sales Rings

• § 761. Definitions

  As used in this chapter:

  (1) “Livestock” means cattle, horses, sheep, swine, goats, camelids, fallow deer, red deer, reindeer, and American bison.

  (2) “Livestock dealer” means a person who, on the person’s own account or for commission, goes from place to place buying, selling, or transporting livestock either directly or through online or other remote transaction, or who operates a livestock auction or sales ring, provided that “livestock dealer” shall not mean:

  (A) a federal agency, including any department, division, or authority within the agency;

  (B) a nonprofit association approved by the Secretary; or

  (C) a person who engages in “farming,” as that term is defined in 10 V.S.A. § 6001(22), and who raises, feeds, or manages livestock as part of a farming operation when that person is buying, selling, or transporting livestock for the person’s farm.

  (3) “Packer” means a livestock dealer who is solely involved in the purchase of livestock for purpose of slaughter at his or her own slaughter facility.

  (4) “Person” means any individual, partnership, unincorporated association, or corporation.

  (5) “Transporter” means a livestock dealer who limits his or her activity to transporting livestock for remuneration. A transporter cannot buy or sell livestock and is not required to be bonded. (Amended 1959, No. 91, § 1, eff. April 7, 1959; 1993, No. 74, § 1; 1995, No. 72 (Adj. Sess.), § 1, eff. Feb. 14, 1996; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 1; 2021, No. 47, § 2.)

• § 762. License; fee

  (a) A person shall not carry on the business of a livestock dealer, packer, or transporter without first obtaining a license from the Secretary of Agriculture, Food and Markets. Before the issuance of a license, a person shall file with the Secretary an application for a license on forms provided by the Agency. Each application shall be accompanied by a fee of $175.00 for livestock dealers and packers and $100.00 for livestock transporters.

  (b) The Secretary may deny any application for a livestock dealer, packer, or transporter license, after notice and an opportunity for a hearing, whenever the applicant is a person or a representative of a person who has had a livestock dealer, packer, or transporter license suspended or revoked by any state, including Vermont, or any foreign country during the preceding five years or who has been convicted of violating statutes, rules, or regulations of any state or the federal government pertaining to the sale or transportation of livestock or the control of livestock disease. The applicant shall be informed of any denial by letter, which shall include the specific reasons for the denial. The applicant shall have 15 days in which to petition the Secretary for reconsideration. The petition shall be submitted in writing, and the Secretary in the Secretary’s discretion may hold a further hearing on the petition for reconsideration. Thereafter, the Secretary shall issue or deny the license and shall inform the applicant in writing of the Secretary’s decision and the reasons for the decision.

  (c) The Livestock Special Fund is established under and shall be administered pursuant to 32 V.S.A. chapter 7, subchapter 5. All funds received under this section shall be deposited in the Livestock Special Fund for use by the Agency for administration of livestock programs.

  (d) The Secretary may require a person to obtain a license as a livestock dealer under this section when the Secretary, in his or her discretion, determines that a person is buying, selling, or transporting livestock or taking other action in a manner intended to circumvent the requirements of this section. (Amended 1959, No. 91, § 2, eff. April 7, 1959; 1975, No. 220 (Adj. Sess.), § 5; 1981, No. 8, eff. March 20, 1981; 1989, No. 257 (Adj. Sess.), § 6; 1995, No. 186 (Adj. Sess.), § 7, eff. May 22, 1996; 2003, No. 42, § 2, eff. May 27, 2003; 2013, No. 72, § 18; 2015, No. 149 (Adj. Sess.), § 9; 2017, No. 30, § 1; 2021, No. 47, § 3; 2021, No. 105 (Adj. Sess.), § 86, eff. July 1, 2022.)

• § 763. Exemptions from license

  The provisions of section 762 of this title relative to requiring a license shall not apply to a farmer going from place to place buying or selling livestock in the regular operation of his or her farm business. (Amended 1959, No. 91, § 5, eff. April 7, 1959; 2017, No. 30, § 1.)

• § 764. Bond

  (a) Before the Secretary issues a livestock dealer or packer license under this chapter, an applicant shall furnish the Secretary with a surety bond in the amount of not less than $10,000.00 executed by a surety company authorized to do business in this State.

  (b) [Repealed.]

  (c) All bonds required under this section shall be in the form required under 9 C.F.R. § 201.30, as amended over time. In lieu of a surety bond required under this section, the Secretary may accept a financial instrument or alternate form of surety authorized under 9 C.F.R. § 201.30.

  (d)-(g) [Repealed.] (Amended 1959, No. 91, § 3, eff. April 7, 1959; 1961, No. 38; 1973, No. 76, § 1, eff. April 13, 1973; 1983, No. 36; 1987, No. 17; 1989, No. 15; 1993, No. 74, §§ 2, 3; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 1.)

• §§ 764a, 765. Repealed. 2017, No. 30, § 1.

• § 766. Repealed. 1989, No. 257 (Adj. Sess.), § 22.

• § 767. Possession of license; expiration date; licenses not transferable

  (a) A livestock dealer, packer, or transporter shall keep a copy of the license required under this chapter in his or her possession. At the time of the initial issuance of the license, the Secretary shall issue to the dealer, packer, or transporter a unique vehicle plate for each applicable conveyance used by the licensee to contain or transport livestock. The dealer, packer, or transporter shall attach the vehicle plate to each applicable conveyance. All such plates shall be removed from the conveyance immediately after expiration of the license.

  (b) [Repealed.]

  (c) A livestock dealer license, packer license, or transporter license shall not be transferred. (Amended 1959, No. 91, § 3, eff. April 7, 1959; 1963, No. 3; 1975, No. 220 (Adj. Sess.), § 6; 1993, No. 74, § 4; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 1.)

• § 768. Duties of dealers, transporters, and packers

  A livestock dealer, transporter, or packer licensed under section 762 of this title shall:

  (1) Maintain in a clean and sanitary condition all premises, buildings, and conveyances used in the business of buying, selling, or transporting livestock or operating a livestock auction or sales ring.

  (2) Submit premises, buildings, and conveyances to inspection and livestock to inspection and test at any and such times as the Secretary may deem it necessary and advisable.

  (3) Allow no livestock on livestock dealer’s premises from herds or premises quarantined by the Secretary of Agriculture, Food and Markets.

  (4)(A) Maintain, subject to inspection by the Secretary of Agriculture, Food and Markets or his or her agent, a record compliant with applicable State and federal statutes, rules, and regulations specified by the Secretary, including the U.S. Department of Agriculture Animal Disease Traceability rule, 9 C.F.R. Part 86. When not required under the requirements set forth in State and federal statute, the records required under this subdivision shall include:

  (i) all livestock purchased, repossessed, sold, or loaned by a livestock dealer, transporter, or packer;

  (ii) the complete name and address of the person from whom livestock was obtained and to whom delivered; and

  (iii) the official individual identification number that is required to be applied to each livestock under the requirements of sections 1460, 1461, and 1461a of this title.

  (B) For equine livestock, the requirements for the records to be maintained and the method of individual identification are set forth under chapter 102, subchapter 2 of this title.

  (5) Abide by other reasonable rules that may be adopted by the Secretary of Agriculture, Food and Markets to prevent the spread of disease. A copy of all applicable rules shall be provided to all livestock dealers, packers, and transporters licensed under the terms of section 762 of this title at the time they first obtain a license.

  (6) Pay the seller within 72 hours following the sale of the animal or animals.

  (7) [Repealed.] (Amended 1973, No. 76, § 2, eff. April 13, 1973; 1975, No. 203 (Adj. Sess.), § 2, eff. Jan. 1, 1977; 1993, No. 74, § 5; 1999, No. 94 (Adj. Sess.), § 1, eff. May 2, 2000; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 1; 2019, No. 129 (Adj. Sess.), § 2.)

• § 769. Cancellation of license

  Failure of any livestock dealer, transporter, or packer to abide by the terms of this chapter, or of any of the State or federal laws, rules, or regulations relating to livestock, or of a procedure that the Secretary of Agriculture, Food and Markets adopts as necessary to prevent the spread of disease shall be deemed sufficient cause after notice and hearing for the cancellation of a license issued under section 762 of this title. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 30, § 1.)

• § 770. Penalty

  Any livestock dealer, transporter, or packer who buys, sells, or transports livestock in this State or operates a livestock auction or sales ring without having a license so to do, issued either to such person or to the firm or corporation that the person represents in conducting the business, shall be assessed an administrative penalty under section 15 of this title. (Amended 1959, No. 91, § 4, eff. April 7, 1959; 1963, No. 43, eff. April 16, 1963; 2017, No. 30, § 1; 2021, No. 105 (Adj. Sess.), § 87, eff. July 1, 2022.)

• § 771. Repealed. 1999, No. 49, § 114(2).

• § 772. Repealed. 2017, No. 30, § 1.