§ 761. Definitions
As used in this chapter:
(1) “Camelids” has the same meaning as in section 1151 of this title.
(2) “Domestic deer” has the same meaning as in section 1151 of this title.
(3) “Equines” has the same meaning as in section 1151 of this title.
(4) “Livestock” means cattle, equines, sheep, swine, goats, camelids, domestic deer, American
bison, and any other domestic animal that the Secretary deems livestock for the purposes
of this chapter.
(5) “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.
(6) “Packer” means a person who is solely involved in the purchase of livestock for purpose
of slaughter at the person’s own slaughter facility.
(7) “Person” means any individual, partnership, unincorporated association, or corporation.
(8) “Transporter” means a person who transports livestock for remuneration and who does
not buy or sell livestock. A transporter 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; 2023, No. 141 (Adj. Sess.), § 7, eff. July 1, 2024.)
§ 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 each applicable license, a person shall file an application
on Agency-provided forms with the Secretary. 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; 2023, No. 141 (Adj. Sess.), § 8, eff. July 1, 2024.)
§ 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.