As used in this subdivision:
I. "Commissioner" shall mean the commissioner of agriculture, markets, and food.
II. "Livestock dealer" shall mean any person, partnership, unincorporated association, or corporation engaged in the business of buying, selling or transporting livestock, or operating a livestock auction or sales ring, including any person acting as an agent or buyer for any other person, partnership, unincorporated association or corporation.
III. "Livestock' shall mean all cattle, goats, sheep, swine, horses, or other equidae.
No livestock dealer shall operate such a business without first obtaining a license from the commissioner. Before being issued a license, the livestock dealer shall file with the commissioner an application for such license, giving such information as the conunissioner shall require. Said application shall be accompanied by the prescribed fee. All licenses shall expire on April 30 of each year. No licenses shall be transferable.
A permit shall be issued for each truck or other conveyance used by said licensee for the transportation of livestock and so described on the application for a license. The permit shall be carried in each vehicle so described. The fee for each permit shall be as prescribed by the commisioner. 427:41. Requirements.
A livestock dealer licensed under this subdivision shall:
I. Maintain in a clean and sanitary condition all premises, buildings and conveyances used in the business of dealing in livestock or operating a livestock auction or sales ring.
11. Submit premises, buildings and conveyances to inspection, and livestock to inspection and test, at any such times as the comniissioner may deem necessary and advisable.
III. Allow no livestock on the livestock dealer's premises from herds or premises quarantined by the comniissioner of agriculture, markets, and food or his agent, except those accompanied by special permit issued by the commissioner of agriculture, markets, and food or his agent.
IV. Maintain, subject to inspection by the commissioner or his agent, a proper record in which all livestock purchased, repossessed, sold or loaned are to be listed, giving breed, date purchased, repossessed, sold or loaned, and from whom obtained and to whom delivered. Such record shall also show the ear tag number of each animal. Registered purebred cattle which do not bear ear tags shall be recorded by giving official tattoo markings, description and such other information as is necessary to identify such cattle;
V. Keep records of all animals destined for market or slaughter indicating identification, farm or origin and destination, and shall submit said records to the commissioner at no more than 30-day intervals; and
VI. Abide by such other reasonable rules as the commissioner may adopt to prevent the spread of disease. The commissioner shall send a copy of such rules to all livestock dealers licensed under the provisions of this subdivision.
The commissioner, after notice to the licensee and opportunity for hearing, as set forth in the rules adopted under RSA 427:44, may deny an application or revoke a license for any of the following reasons:
1. That the applicant or licensee has violated the statutes of the state of New Hampshire or of the United States or any rule adopted by the commissioner pursuant to RSA 427:38-47;
II. That he has made false or misleading statements in his application for a license or that he has made false or misleading statements as to the health or physical condition of animals regarding official tests;
III. That he has knowingly sold, for dairy or breeding purposes, livestock affected with a communicable disease;
IV. That he has ceased to operate the business for which the license was issued; or
V. That he has had his license to deal in livestock, issued in another jurisdiction, revoked or suspended by that jurisdiction as a result of engaging in conduct prohibited by RSA 427:42, II or III, during the preceding 5 years.
1. Any livestock dealer who buys or sells livestock in this state or operates a livestock auction 'or sales ring without having a license to do so as required by this subdivision shall be guilty of a misdemeanor.
11. In addition to the penalty under paragraph I, any livestock dealer who violates any of the provisions of this subdivision or rule adopted under it may be subject to an administrative fine levied by the commissioner, not to exceed $ 1,000 for each violation.
Tne commissioner may adopt rules, pursuant to RSA 541 -A, relative to:
I. The information required from an applicant for a license as a livestock dealer; II. The prescribed fee for a livestock dealer's license;
III. The prescribed fee for a permit issued for each truck or conveyance used by a licensed livestock dealer or for a shipping certificate or both;
IV. The prevention of the spread of any disease prevalent among livestock;
V. Notice and hearing on the refusal to issue or the revocation of a license; and
VI. Any other matter the conunissioner may deem necessary to carry out the provisions of this subdivision.
The provisions of this subdivision relative to requiring a license shall not apply to a fanner who does not go from place to place buying or selling livestock, nor to a farrner holding an auction sale in the regular operation of his farm business.
All fees collected under the provisions of this subdivision shall be deposited with the state treasurer.
Any livestock dealer licensed under this subdivision shall not be required to procure a license to transport livestock by motor vehicle as set forth in RSA 427:54.
No person or common carrier shall ship or transport livestock within this state in mixed loads unless the different kinds of stock shall be separated, each kind from the other, by strong partitions; provided that milch cows may be shipped with not more than 3 calves for one cow, and sheep may be shipped with calves.
Statute text Livestock shall not be transported in upper decks unless such decks are constructed with tight floors of adequate strength.
Animals found to be so far diseased or so badly injured as to be unable to stand, and the carcasses of any which may die or are killed because of disease or injuries, may be removed from the car, reshipped or otherwise disposed of in accordance with rules of the department of health and human services, division of public health services.
427:51. Diseased Animals.
Cattle which have reacted to the tuberculin or agglutination test for brucellosis or any animal or animals infected with a contagious or infectious disease shall not be shipped, transported, received for transportation or otherwise ed .noved for immediate slaughter, unless the Following conditions and restrictions are compledi with:
1. The cattle shall be shipped, transported or moved to an establishment or a public stockyard where state or federal inspection is maintained and shall there be slaughtered under such inspection.
II. The cattle shall be marked for identification by branding and tagging as provided in RSA 436:70.
III. The cattle shall be accompanied to destination by a certificate issued by the commissioner of agriculture, markets, and food.
IV. Transportation companies shall plainly write or stamp upon the face of waybills, conductors, manifests and memoranda pertaining to such shipment the words, "Diseased Animals."
V. All trucks, vehicles or equipment used for the transportation of diseased animals shall be properly cleaned after each shipment.
I. Whoever knowingly violates any provision of RSA 427:48-51 shall be guilty of a nidsdemeanor if a natural person, or guilty of a felony if any other person.
II. In-;iddition to the penalty under paragraph I. whoever violates any of the Divisions of RSA 427:40-51 er rule adopted under such provisions may be subject to an administrative fine levied by the commissioner, not to exceed $ 1,000 for each violation.
The commissioner of agriculture, markets, and food, either by himself or his agents, shall have authority to enforce the provisions of this subdivision, and for that purpose may, without expense to the state, designate as his agent any officer or agent of the society for the prevention of cruelty to animals.
No person, except a common carrier, shall transport livestock in a motor vehicle upon any public highway in this state without being licensed so to do as provided in this subdivision.
Upon application, the commissioner of agriculture, markets, and food may, if he is satisfied with the responsibility and character of the applicant, issue a license to such applicant, upon payment of the fee as provided in RSA 427:56, to transport livestock by motor vehicle upon any public highway in this state. Said license shall be for the current calendar year and may be renewed, upon payment of the renewal fee, so long as the commissioner is satisfied as to the responsibility and character of the applicant. It shall be carried by the licensee or'be in his motor vehicle when said vehicle is being used for such transportation.
The fee for each license shall be $50. All fees received under this section shall be paid to the comniissioner of agriculture, markets, and food for the payment of expenses incurred under this subdivision.
A person so tr n 0 n livestock shall have in his possession a bill of sale or other memorandum signed by the vendor, ownera@gttgof the same, containing the address of the owner or vendor, the date of sale or other transaction involving the transfer of possession, the breed, age, approximate weight and number of animals being transported.
A farmer resident of the state shall be excepted from the provisions of RSA 427:54-57 when engaged in the transportation in daylight of only his own livestock.
1. Any person violating the provisions of RSA 427:54-58 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. In addition to the penalty under paragraph I, any person who violates the provisions of RSA 427:54-58 may be subject to an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
