32.15.110    LIVESTOCK MARKET YARD REGULATIONS

(1) Every licensed market shall keep and maintain the separate identity of the animals at the market.

(2) All livestock entering such a market enclosure for sale must be checked in to the operator of the market at the time of delivery of the livestock. A list of the livestock offered for sale must be furnished in triplicate showing the number, sex, and holding brand of all livestock offered for sale, and the time that such livestock is checked in at the market. One copy must be furnished to the state stock inspector, one copy placed on the gate of the pen in which such livestock is placed for inspection, and one copy retained and filed by the livestock market.

(3) All livestock entered into a licensed market must be placed in pens and be kept separate by ownership until inspected by the state stock inspector and released. Livestock which has not been inspected cannot be placed in pens containing stock that has already been inspected without authority from the state stock inspector. There must be a check-in ticket or copy thereof in the true owner's name on each pen, and if more than one pen is used for a separate consignment each pen must be listed on the original check-in ticket.

(4) All livestock yarded after sale for an individual purchaser must be placed in pens and be kept separate by ownership until inspected by the state stock inspector and released for removal from the market area. It is the duty of the market operator to furnish the brand inspector the pen number and the number of animals in each pen and the name of purchaser. All animals must be made available by the market operator for inspection. After sale, all livestock must be kept separate by ownership until removal from the market area. A copy of the purchase order, showing the name or names of the consignor, the number of animals and their weight, must be delivered to the inspector before release of the animals purchased. Transfers of ownership must be shown on the purchase order as made after sale.

(5) No cattle or horses delivered to a livestock market for sale may be sold until inspected by the stock inspector, and no cattle or horses may be removed from the premises of the livestock market until clearance has been issued by the stock inspector.

(6) The operator of a licensed market or market agency must furnish necessary help to assist stock inspectors in handling livestock to be inspected for brands prior to sale or removal from market area.

(7) All livestock consigned to a licensed market must be checked in, penned and sold in the true owner's name, and all net proceeds must be paid to such owner except for valid liens and mortgages against the property sold.

(8) Fully modern, regularly maintained and serviced and accurately operated livestock scales must be provided by each livestock market for the determination of accurate weights from which total prices paid for livestock sold are computed.

(a) Competent, experienced and qualified weighmen shall do the actual weighing of all livestock.

(b) Cattle sold for individual owners or for the Montana department of livestock, brands-enforcement division must be weighed in the true owner's name and according to brands as shown by stock inspector's tally, unless sold by the head.

(9) No deductions may be made on estrays or livestock held for any service other than the regular market charges without the authority of the stock inspector.

(10) Proceeds from the sale of cattle or horses ordered paid to the Montana department of livestock, brands-enforcement division may be held by the market agency not longer than 30 days in cases where title to such stock is not clear at time of sale.

(11) Each licensed market shall have good and adequate facilities to operate an auction market consistent with the volume of such business and shall keep and maintain the facilities of the market in good, clean operating condition and must repair such facilities as from time to time may be necessary, and comply with the rules of the Montana department of livestock, animal health division.

(12) "Feed only" or "yard only" livestock not delivered on consignment, must at all times be "checked in" and be kept in separate pens and be in the control of the licensee. Such animals may not be mixed with consigned cattle and are subject to inspection by the Montana department of livestock, brands-enforcement division. Such animals may be released by the market owner only upon approval of the livestock inspector.

History: Sec. 81-8-231 MCA; IMP, Sec. 81-8-231 MCA; Eff. 12/31/72.