CHAPTER 437*
LIVESTOCK DEALERS

      Sec. 22-381. Definitions. As used in this chapter, "commissioner" means the Commissioner of Agriculture; "dealer" or "broker" means any person, copartnership, association, limited liability company or corporation engaged in the business of buying, receiving, selling or exchanging or negotiating or soliciting the sale, resale, exchange, transporting for a fee, transfer or shipment of any livestock; "agent" means any person buying or soliciting or negotiating the sale for a fee, resale or exchange of livestock for or on behalf of any dealer or broker; "livestock" means any camelid or hooved animal raised for domestic or commercial use; and "livestock producer" means a person involved in the keeping, feeding, growing, raising or breeding of livestock for domestic or commercial use.

      (1959, P.A. 573, S. 1; 637, S. 2; 1961, P.A. 67; 1963, P.A. 57, S. 1; 1971, P.A. 872, S. 446, 448; P.A. 95-79, S. 88, 189; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 08-27, S. 1.)

      History: Later 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1963 act added references to swine in definitions of "dealer" or "broker" and "agent"; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 95-79 redefined "dealer" or "broker" to include a limited liability company, effective May 31, 1995; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 08-27 redefined "dealer" or "broker" and "agent", deleted definition of "cattle" and defined "livestock" and "livestock producer", effective April 29, 2008.

      Sec. 22-382. Exceptions. The provisions of this chapter shall not apply to (1) any person, association, copartnership or corporation which by dispersal sale is permanently discontinuing the activities or business of a livestock producer; (2) any person, association, copartnership or corporation which sells livestock that have been raised on the premises of such person, association, copartnership or corporation; (3) any livestock producer who purchases or receives livestock for the purpose of producing milk, meat or other animal products or improving such livestock producer's own herd or flock; (4) any butcher, packer or processor to whom livestock are delivered which are used exclusively for immediate slaughter; (5) any farmer who buys or receives livestock for grazing and feeding and sells or disposes of such livestock after a feeding or grazing period of not less than sixty days; (6) any railroad; (7) any youth project or organization keeping, feeding, breeding, growing, showing or raising livestock; or (8) any person who does not buy, receive, sell, exchange, solicit or negotiate the sale, resale, exchange or shipment of livestock in the aggregate of more than ten head in any one license year.

      (1959, P.A. 573, S. 2; 1963, P.A. 57, S. 2; P.A. 08-27, S. 2.)

      History: 1963 act added references to growers of swine and swine; P.A. 08-27 substantially revised and renumbered section by replacing provisions re dairymen, growers of swine, cattle and swine with provisions re livestock and livestock producers, adding exception for purchasing or receiving livestock for purpose of producing milk, meat or other animal products, deleting exception re trucking concern and adding exception re certain youth projects or organizations, effective April 29, 2008.

      Sec. 22-383. License required. Responsibility of dealer or broker for acts of employees. No dealer or broker shall engage in or carry on the business of buying, receiving, selling, exchanging, transporting or negotiating or soliciting the sale, resale, exchange, transportation or transfer of any livestock within the state unless licensed as hereinafter provided. Such dealer or broker shall be responsible for acts performed or contracts made in connection with buying, receiving, selling, exchanging, transporting or negotiating or soliciting the sale, resale, exchange, transportation or transfer of livestock by any person or individual employed by such dealer or broker.

      (1959 P.A. 573, S. 3; 1963, P.A. 57, S. 3; P.A. 08-27, S. 3.)

      History: 1963 act added references to swine; P.A. 08-27 changed "cattle or swine" to "livestock", effective April 29, 2008.

      Sec. 22-384. Application for license. Fee. Any person before engaging in the business of a dealer or broker shall file an application with the commissioner on a form prescribed by the commissioner and pay a license fee. The fee shall be one hundred fifty dollars, provided the fee may be increased by the commissioner by regulations adopted in accordance with the provisions of chapter 54. Such application shall state the nature of the business, the type of livestock the applicant proposes to handle, the name of the person applying for a license and, if the applicant is a firm, association, partnership or corporation, the full name of each member of such firm, association or partnership or the names of the officers of the corporation, and the name of the agent or agents of the applicant, the municipality and post-office address at which business is to be conducted and such other facts as the commissioner may prescribe. The applicant shall further satisfy the commissioner as to the applicant's character, financial responsibility and good faith in seeking to engage in the business.

      (1959, P.A. 573, S. 4; 1963, P.A. 57, S. 4; P.A. 82-91, S. 13, 38; May Sp. Sess. P.A. 92-6, S. 50, 117; P.A. 08-27, S. 4.)

      History: 1963 act added reference to swine; P.A. 82-91 increased license fee from $25 to $75 and added provision that fee may be increased by commissioner by regulations; May Sp. Sess. P.A. 92-6 raised fee to $150; P.A. 08-27 changed "cattle or swine" to "livestock" and made a technical change, effective April 29, 2008.

      Cited. 4 CA 117.

      Sec. 22-385. Issuance of license. Term. Renewal. Upon compliance by the applicant with section 22-384, the commissioner shall, subject to the provisions of this chapter, issue a license entitling the applicant or the applicant's agents to conduct the business of buying or receiving livestock or receiving, selling, exchanging or soliciting or negotiating the sale, resale, exchange or shipment of livestock at the place named in the application until June thirtieth next following. Such license shall be renewable annually, unless suspended or revoked, on payment of a fee of fifty dollars.

      (1959, P.A. 573, S. 5; 1963, P.A. 57, S. 5; May Sp. Sess. P.A. 92-6, S. 51, 117; P.A. 08-27, S. 5.)

      History: 1963 act added references to swine; May Sp. Sess. P.A. 92-6 raised fee from $25 to $50; P.A. 08-27 changed "cattle or swine" to "livestock" and made a technical change, effective April 29, 2008.

      Sec. 22-386. Suspension or revocation. Hearing. Appeal. For failure or refusal of a licensee to obey the provisions of this chapter, the commissioner may suspend or revoke the license held by such licensee. Whenever the commissioner is satisfied of the existence of any one or more reasons for revoking a license as provided for in this chapter, before revoking such license the department shall give written notice of a hearing to be had thereon to the licensee affected. Such notice shall be sent by registered or certified mail to the licensee at least ten days prior to the date set for the hearing at the department. On the day of the hearing the commissioner may hear the evidence presented by the licensee and any other witnesses, and the commissioner shall within a reasonable time thereafter render a decision. Any licensee aggrieved by the decision of the commissioner may appeal therefrom in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district of New Britain. The following actions by the applicant or licensee shall constitute just cause for revoking or refusing a license: (1) The violation of state laws or official regulations governing intrastate or interstate movement of livestock; (2) where there have been false or misleading statements with regard to the results of official livestock disease diagnostic tests approved by the commissioner and the United States Department of Agriculture or with regard to ownership; (3) the buying or receiving of livestock, selling or exchanging, or soliciting resale, exchange, transport or transfer, of animals officially branded designated by the Department of Agriculture as being diseased, a quarantined animal, or animals from quarantined herds or flocks; (4) failure of the licensee to practice approved measures of sanitation of barns, stables, premises or vehicles used for stabling, holding or transporting of livestock; (5) consistent or continual failure to keep records required by the commissioner or by law, or refusal to produce books, accounts or records of transactions in the carrying on of the business for which the license is granted; (6) failure to comply with any provision of the general statutes or regulations thereunder relating to livestock; and (7) where a license to deal in livestock, issued to the applicant or licensee by another state, has been suspended or revoked by such state within five years next preceding the date of issuance or renewal of a license under the provisions of section 22-385.

      (1959, P.A. 573, S. 6; 637, S. 2; 1961, P.A. 67; 1963, P.A. 57, S. 6; February, 1965, P.A. 25, S. 1; 1971, P.A. 872, S. 446, 448; P.A. 76-436, S. 459, 681; P.A. 77-603, S. 101, 125; P.A. 78-280, S. 5, 127; P.A. 81-231, S. 4, 6; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 99-215, S. 24, 29; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1; P.A. 08-27, S. 6.)

      History: Later 1959 act replaced commissioner and department of agriculture with commissioner and department of agriculture, conservation and natural resources; 1961 act replaced commissioner and department of agriculture, conservation and natural resources with commissioner and department of agriculture and natural resources; 1963 act added references to swine in Subdivs. (1), (3) and (4); 1965 act allowed revocation or suspension of license for burying, selling, etc. quarantined animals in Subdiv. (3) and added Subdiv. (6) allowing revocation or suspension of license for failure to comply with statutes or regulations re cattle or swine; 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of agriculture; P.A. 76-436 required appeals to superior court rather than court of common pleas, effective July 1, 1978; P.A. 77-603 replaced previous appeal provision with statement requiring that appeals be made in accordance with Sec. 4-183 but retained venue in Hartford county; P.A. 78-280 replaced "Hartford county" with "judicial district of Hartford-New Britain"; P.A. 81-231 added Subdiv. (7) making suspension or revocation of a license to deal in livestock issued by another state grounds to revoke a license under Sec. 22-385; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain", effective June 29, 1999; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 08-27 made technical changes, changed "cattle or swine" to "livestock" and, in Subdiv. (3), deleted exemption for cattle that have reacted to any official tuberculosis or brucellosis test, effective April 29, 2008.

      Cited. 4 CA 117.

      Sec. 22-387. Keeping and inspection of records. Every dealer or broker shall keep accounts, records and memoranda which shall fully and clearly disclose all transactions of such dealer's or broker's business, including the true ownership of the business. Such records shall be made available at any time for inspection by the commissioner or the commissioner's designated agent to determine the origin and destination of any livestock handled by the licensee but information relating to the general business of any such person disclosed by the investigation and not related to the immediate purpose thereof shall be treated as of a confidential nature by the commissioner or the commissioner's designated agent.

      (1959, P.A. 573, S. 7; P.A. 08-27, S. 7.)

      History: P.A. 08-27 made technical changes, effective April 29, 2008.

      Sec. 22-388. Periodic testing of livestock for infectious diseases. Quarantine. (a) All livestock owned by a livestock dealer or held by a livestock dealer, pending sale, exchange, resale or shipment on premises owned, rented, leased or borrowed by such dealer may be subjected periodically to diagnostic tests for infectious diseases, including, but not limited to, tuberculin and brucellosis tests. Such tests shall be conducted, at no expense to the dealer, by the State Veterinarian or the commissioner's designated agent, a veterinarian employed by the United States Department of Agriculture, or a licensed accredited veterinarian. In the case of an animal or animals that test positive to such diagnostic tests, or if the commissioner has reason to believe that an infectious disease is present in such animal or animals, the commissioner, the commissioner's designated agent or the State Veterinarian may issue a quarantine order pursuant to subsection (c) of this section.

      (b) Any reactors to the brucellosis or tuberculin test shall be identified in a manner acceptable to the commissioner or the commissioner's designated agent. Such reactors shall be disposed of in a manner acceptable to the commissioner or the commissioner's designated agent. Indemnity shall be paid on all such reactors in the manner provided in section 22-288, provided such reactor shall have passed at least one negative test since entering the state and shall have been acquired by the dealer in compliance with existing state regulations on interstate and intrastate movements of cattle.

      (c) If a quarantine, due to the presence of an infectious, communicable livestock disease, is imposed on livestock owned by a livestock dealer or held by a livestock dealer pending sale, exchange, resale or shipment on premises owned, rented, leased or borrowed by such dealer, such dealer shall not be prohibited from engaging in business as a dealer, provided such dealer shall comply with all quarantine restrictions and orders and any isolation, bio-security and sanitation requirements of the department in respect to quarantined livestock, including identifying quarantined livestock in a manner acceptable to the commissioner or the commissioner's designated agent as prescribed on the quarantine form, or quarantine order issued by the commissioner or the commissioner's designated agent.

      (1959, P.A. 573, S. 8; 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; June Sp. Sess. P.A. 91-10, S. 9, 20; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1; P.A. 08-27, S. 8.)

      History: Later 1959 act replaced department of agriculture with department of agriculture, conservation and natural resources; 1961 act replaced department of agriculture, conservation and natural resources with department of agriculture and natural resources; 1971 act replaced department of agriculture and natural resources with department of agriculture; June Sp. Sess. P.A. 91-10 made this section discretionary rather than mandatory; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 08-27 deleted provision requiring periodic tuberculin and blood tests, added new Subsec. (a) re livestock testing for infectious diseases and quarantine orders, designated remaining provisions as Subsecs. (b) and (c), deleted metal tag branding and immediate slaughter requirements and substituted "in a manner acceptable to the commissioner" in Subsec. (b) and, in Subsec. (c), deleted "animal" and "cattle" references and substituted "livestock", added language re quarantine orders and isolation and bio-security requirements, deleted language re separate set of premises at least 100 yards distant from all quarantined premises and pastures used by quarantined animals and made technical changes, effective April 29, 2008.

      See Sec. 22-287 re tuberculin tests.

      Sec. 22-389. Copy of license to be posted. Identification card. Every person licensed under the provisions of this chapter and conducting business under such license shall keep a copy thereof, to be furnished by the commissioner, posted in a conspicuous place in such person's motor vehicle, on their person or at such person's place of business and exposed to inspection by any person entitled to make such inspection. The licensee and each of such licensee's agents shall, at all times when buying or receiving, selling, exchanging or soliciting or negotiating the sale, resale or shipment of livestock, carry an identification card, issued by the commissioner, stating that such licensee or the principal of such agent is so licensed. The licensee or agent shall exhibit such card to persons with whom the licensee or agent is negotiating or from whom the licensee or agent is soliciting business and to the commissioner or the commissioner's designated assistant.

      (1959, P.A. 573, S. 9; 1963, P.A. 57, S. 7; 1967, P.A. 584, S. 1; P.A. 08-27, S. 9.)

      History: 1963 act added reference to swine; 1967 act added provision re special license plates issued to licensees using motor vehicles in course of business; P.A. 08-27 made technical changes, changed "cattle or swine" to "livestock", required license posting in licensee's motor vehicle, on licensee's person or at licensee's place of business and deleted provision re display of license plate on motor vehicle, effective April 29, 2008.

      Sec. 22-390. Enforcement. Regulations. The commissioner shall enforce the provisions of this chapter and may adopt regulations, in accordance with the provisions of chapter 54, as are necessary to carry out the provisions of this chapter.

      (1959, P.A. 573, S. 10; 1963, P.A. 57, S. 8; P.A. 08-27, S. 10.)

      History: 1963 act added reference to regulations re swine dealers or brokers; P.A. 08-27 made adoption of regulations to carry out provisions of chapter discretionary, added reference to chapter 54 and deleted provision re licensing of cattle or swine dealers or brokers, effective April 29, 2008.

      Sec. 22-391. Penalty. Any person who violates or refuses to comply with any provision of this chapter may be fined not less than two hundred dollars or more than five hundred dollars for a first offense and not less than five hundred dollars or more than one thousand dollars for a second and each subsequent offense, or assessed an administrative civil penalty in accordance with section 22-7.

      (1959, P.A. 573, S. 11; P.A. 07-217, S. 101; P.A. 08-27, S. 11.)

      History: P.A. 07-217 made technical changes, effective July 12, 2007; P.A. 08-27 made fine provision discretionary and added administrative civil penalty provision, effective April 29, 2008.