Connecticut Seal

General Assembly

 

Raised Bill No. 146

February Session, 2016

 

LCO No. 1427

 

*01427_______ENV*

Referred to Committee on ENVIRONMENT

 

Introduced by:

 

(ENV)

 

AN ACT CONCERNING CERTAIN REQUIREMENTS OF COMMISSION SALES STABLES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 22-277 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) As used in this section, "livestock animal" means any camelid or hooved animal raised for domestic or commercial use. The Commissioner of Agriculture shall supervise commission sales stables where livestock animals are sold at public auctions. Any person, firm or corporation engaged in the business of selling livestock animals at such auctions or sales shall [annually] obtain approval from the United States Department of Agriculture's Animal Plant Health Inspection Service, remain in good standing to operate as a livestock marketing facility and biennially apply to said commissioner for a license upon a form to be prescribed by the commissioner. The fee for each such license shall be [one hundred ninety] three hundred eighty dollars, payable to said commissioner. Each such license shall be issued for the period of [one year] two years from July first and may be revoked for cause. If, in the judgment of the commissioner, any provision of this section has been violated, the commissioner shall send notice by registered or certified mail to the licensee, who shall be given a hearing, and, if violation is proven, the license shall be revoked. If a license to deal in livestock, issued to any person, firm or corporation 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 to such person, firm or corporation under the provisions of this section, such suspension or revocation shall constitute just cause for revocation under this section. All dairy and breeding animals originating from this state to be sold at such auction shall be segregated from [beef] slaughter animals prior to such sales. The sale of dairy and breeding animals shall precede the sale of those assigned for slaughter. [All bovines more than three hundred pounds in weight, except dairy and breeding animals, that are delivered to a sale shall be branded with the letter "S" in a conspicuous place or identified] All animals designated for slaughter shall be conspicuously identified in a manner acceptable to the commissioner or the commissioner's designee by the operator of the sale or the operator's representative. All dairy and breeding animals from within the state arriving at a sale shall be from a herd that: (1) Is under state supervision for the control of brucellosis and tuberculosis and that has been tested for brucellosis and tuberculosis less than fourteen months before the sale, (2) has been tested for tuberculosis less than fourteen months before the sale and is regularly tested under the brucellosis ring test program of the Department of Agriculture, or (3) is certified to be brucellosis-free under the program established pursuant to section 22-299a. All dairy and breeding animals arriving at a sale from outside the state shall comply with section 22-304 and be accompanied by a health certificate issued by the livestock official of the state of their origin and by a permit from the commissioner. All animals offered for dairy or breeding purposes [over six months of age] shall be identified by an official ear tag [, a tattoo or registration papers] or an official animal identification device approved by the commissioner or the commissioner's designated agent. [All female dairy or breeding animals over six months of age shall have been calfhood vaccinated against brucellosis.] Animals consigned for slaughter shall be sold only to owners or agents of recognized slaughtering establishments and moved directly to such slaughtering establishments for [immediate] slaughter not later than three days after the date of sale. All stables and sales rings shall be kept clean and shall be suitably disinfected prior to each sale. The provisions of this section shall not apply to the sale of an individual herd at an auction conducted by the owner thereof. Any person, or any officer or agent of any corporation, who violates any provision of this section or who obstructs or attempts to obstruct the Commissioner of Agriculture or the commissioner's deputy or assistants in the performance of their duty, shall be guilty of a class D misdemeanor.

(b) Any person, firm or corporation licensed pursuant to subsection (a) of this section shall make, execute and thereafter maintain on file with the Commissioner of Agriculture a bond to the state, satisfactory to the commissioner, to secure the performance of obligations incurred in this state or in lieu thereof, and a bond filed with the United States Department of Agriculture in the amount as required herein, pursuant to the provisions of the Packers and Stockyards Act (7 USC 181 et seq.). The amount of each such bond shall be based on the amount of one average sale of such person, firm or corporation. One average sale shall be computed by dividing the total yearly gross receipts from the sale of all livestock during the preceding twelve months by the number of sales during such time, provided the number of sales used to compute one average sale shall not be greater than one hundred thirty. If the amount of one average sale is ten thousand dollars or less the amount of the bond shall be ten thousand dollars. If the amount of one average sale is more than ten thousand dollars but not more than twenty-six thousand dollars, the amount of the bond shall be not less than the next multiple of two thousand dollars above such amount. If the amount of one average sale is more than twenty-six thousand dollars but not more than thirty thousand dollars, the amount of such bond shall be thirty thousand dollars. If the amount of one average sale is more than thirty thousand dollars, the amount of the bond shall be not less than the next multiple of five thousand dollars above such amount.

(c) The sale of wild animals, captive cervidae, pets and companion animals, including pet birds and all psittacine birds, by a commission sales stable licensed pursuant to this section is prohibited. The sale of equines shall comply with chapter 438a including, but not limited to, obtaining any required licenses. The sale of poultry shall comply with chapter 434 including, but not limited to, obtaining any required licenses.

(d) Each commission sales stable shall retain a veterinarian who is licensed in this state and who maintains state and federal accreditation to practice veterinary medicine. Such veterinarian shall verify compliance with livestock importation requirements, examine and issue certificates of veterinary inspection for animals traveling interstate. Such veterinarian shall be present whenever livestock are offered for sale.

(e) The Commissioner of Agriculture may adopt regulations, in accordance with the provisions of chapter 54, to carry out the provisions of this section. Such regulations may include, but need not be limited to, requirements concerning animal identification, health and handling, standards for animals, other than livestock animals, that are raised for food or fiber production, facility design and construction requirements, sanitation standards, provisions concerning required records and recordkeeping.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2016

22-277

Statement of Purpose:

To provide for a two-year license for commission sales stables while amending certain animal identification and slaughtering requirements and providing the Commissioner of Agriculture with the authority to adopt regulations for animal handling and sanitation standards and commission sales stables recordkeeping requirements.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]