Wyoming Livestock Board Rules Governing Livestock Markets, Temporary and Restricted Livestock Sales, Registration of Livestock Dealers and Registration of Internet and Video Livestock Sales

CHAPTER 1

  Section 1. Authority to Create Rules.

  (a) Pursuant to the authority vested in the Agency by virtue of W.S. '11-22-101(a), and W.S. §11-22-102, the following rules are hereby promulgated.

  Section 2. Purpose of Rules.

  (a) These rules are adopted for the purpose of securing uniform Brand, ownership, and health inspection of Livestock sold through a Livestock Market and to ensure compliance with intrastate and interstate Livestock health requirements and animal welfare statutes.

  Section 3. Definitions used in Rules.

  (a) The following definitions are applicable for these rules.

    (i) "Accredited Veterinarian" means an individual who is licensed to practice veterinary medicine and is accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service in the state where he or she practices.

    (ii) "Agency" means the Wyoming Livestock Board, state agency 051, 2020 Carey Avenue, 4th Floor, Cheyenne WY 82002-0051, (307) 777-7515.

    (iii) "Alley" means those common areas of a Livestock Market where animals traverse from a loading chute to a Pen, or from a Pen to another Pen or from a Pen to the Sale Ring and back to Pen or loading chute.

    (iv) "Authorized Livestock Market Veterinarian" means an individual who is licensed to practice veterinary medicine in Wyoming, is accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service and is authorized by the Agency to perform prescribed and required duties at and for the Livestock Market. This individual is hired and compensated by the Livestock Market with the approval of the Wyoming State Veterinarian, the Agency and the United States Department of Agriculture, Animal and Plant Health Inspection Service, Area Veterinarian in Charge for Wyoming.

    (v) "Biosecurity" means the measures taken to prevent disease agents from spreading to or from animal populations or premises where animals are confined.

    (vi) "Bovine" means a ruminant mammal of the genus Bos and crossbred Bovine/Hybrid Animals regardless of age or gender.

    (vii) "Brand" means a brand, mark or other Agency approved means of identification including any electronic device used for Bovine, Equine or Ovine identification as defined by W.S. §11-20-101 (viii).

    (viii) "Brand Inspector" means an employee of the Agency who determines the ownership of Bovine, Equine or Ovine by physical inspection of the animal for Brands, other identifiable characteristics and by examination of proof of ownership documents.

    (ix) "Brand Inspector Bill of Sale" means a form or certificate created and issued by the Agency to Brand Inspectors for the purposes of replacing a Livestock bill of sale originally given from one party to another that documents the change of ownership of Bovine, Equine or Ovine.

    (x) "Brand Inspection Form" means an official form issued by the Agency used to transfer title of Bovine, Equine or Ovine or an official form issued by an agency in the state of origin that is responsible for Animal identification listing all of the identification marks of a specific animal.

    (xi) "Brand Inspection Form G" means an official form used to document the movement of Bovine, Equine or Ovine intrastate to a Wyoming Livestock Market and for the movement of Bovine or Equine interstate to Livestock Markets in St. Onge and Belle Fourche, South Dakota.

    (xii) "Brand Inspector Tally" means an official form issued by the Agency used to record the sale of Bovine, Equine or Ovine at a Livestock Market.

    (xiii) "Brand Inspection Yard Book" means a book or electronic data base recording the arrival and dispersal of Livestock kept by the Brand Inspectors at a Livestock Market.

    (xiv) "Brucellosis Quarantine Eligible" means sexually intact Bovine heifers under twelve (12) months of age to be vaccinated for Brucellosis pursuant to Agency Chapter 2 Rules or imported heifers to be spayed pursuant to Agency Chapter 2 Rules.

    (xv) "Certificate of Veterinary Health Inspection" means an official form documenting the health status of an animal contingent on visual inspection by an Accredited Veterinarian. A Certificate of Veterinary Health Inspection is valid for thirty (30) days after issuance.    

    (xvi) "CFR" means the Code of Federal Regulations.

    (xvii) "Commingle" means combining or mixing animals belonging to different owners.

    (xviii) "Commission Basis" means receiving remuneration from the buyer, the seller, or the proceeds of the transaction beyond reimbursement for actual costs incurred and with the expectation of deriving a profit there from.

    (xvix) "Consignment Ticket" means a multi part form created and supplied by Livestock Market Management that must be filled out for each Consignor's consignment. One part of the form must be placed on the Alley side Pen gate where the consignment of animals is confined at the Livestock Market. The Consignment Ticket must contain the Consignor's name, address, species and gender of Livestock.

    (xx) "Consignor" means any person who consigns, ships, or delivers Livestock to a Livestock Market for storage, handling, or sale.

    (xxi) "Direct Movement" means movement in which the animals are not unloaded en route to their final destination and not Commingled with another producer's animals.

    (xxii) "Equine" means a herbivorous mammal that for the purposes of these rules means asses, horses and mules.

    (xxiii) "Farm or Ranch of Origin" means the farm or ranch on which Livestock, owned by one person or entity, have resided immediately prior to being consigned to a Livestock Market.

    (xxiv) "Hybrid Animal" means an animal produced by crossing species or subspecies of animals.

    (xxv) "Immediate Rendering" means the processing of an animal carcass within three (3) working days at a Recognized Rendering Establishment.

    (xxvi) "Immediate Slaughter" means the slaughter of an animal within three (3) working days at a Recognized Slaughter Establishment.

    (xxvii) "Internet and Video Livestock Sales" means any form of internet or video livestock marketing where Consignors and buyers interact with the expressed purpose of changing ownership of livestock.

    (xxviii) "Intrastate Quarantine" means an official document issued by the Agency on Wyoming origin animals that restricts the movement of specified animals and sets forth requirements regarding testing, containment or dispersal of the specified animals.

    (xxix) "Livestock" means any Bison, Bovine, Caprine, Equine, Ovine or Porcine.

    (xxx) "Livestock Dealer" means a person engaged in the business of buying or selling livestock in commerce, either for his own account or as an employee or agent of the seller or buyer; or any person engaged in the regular business of buying or selling livestock in commerce on a Commission Basis. Livestock Dealer does not include any person who buys or sells livestock as part of his own bona fide breeding, feeding, showing, dairy, meat, or wool production operation; any person who takes a security interest, including liquidation of that interest, in livestock in the ordinary course of his business; or any person who buys occasionally but not as a part of his regular business.

    (xxxi) "Livestock Market" means a place operated for profit as a public market place consisting of pens or enclosures and their appurtenances, in which Livestock are received, held for sale, sold or offered for sale at either public auction or private sale, except that this definition does not apply to:

      A. Any place used solely for a dispersal sale of the livestock of a farmer, dairyman, livestock breeder or feeder who is discontinuing business; or

      B. Any place where an association of breeders of livestock assembles, offers for sale and sells under its own management registered livestock or breeding sires, if the association assumes all responsibility of the sale and guarantees title to the livestock and arranges for the proper inspection of all animals sold.

    (xxxii) "Livestock Market Management" means any owner, manager or employee of the Livestock Market who is responsible in any manner for its operation.

    (xxxiii) "Non-Ambulatory Animal" means an animal that is incapable of standing and moving on its own.

    (xxxiv) "Overflow Pen" means those Pens which are not normally used to hold Livestock prior to a sale. Overflow Pens may not constitute over 25% of the Livestock Market's Pens.

    (xxxv) "Ovine" means a ruminant mammal of the genus Ovis.

    (xxxvi) "Pen" means those common areas of a Livestock Market where Livestock is confined prior to and after being offered for sale.

    (xxxvii) "Porcine" means an omnivorous mammal of the genus Suis.

    (xxxviii) "Quarantine" means an official document issued by the Agency that restricts the movement of specified animals and sets forth requirements regarding testing, import, containment or dispersal of the specified animals.

    (xxxix) "Quarantine Pen" means a Pen located in an area of the Livestock Market that prohibits Commingling of Livestock and approved by a State or Federal Representative where diseased or suspected diseased Livestock must be isolated. A Quarantine Pen will be marked with a white metal sign bearing the words Quarantine Pen in six (6) inch black lettering. The flooring of a Quarantine Pen must be constructed of an impervious surface.

    (xl) "Recognized Rendering Facility" means any rendering facility approved by the Agency where animal by products are processed.

    (xli) "Recognized Slaughter Establishment" means any slaughter establishment operating under the provision of the Federal Meat Inspection Act of 1906, and as amended, or the Wyoming Food Safety Rule of 2000, and as amended. These documents are available to the public at the office of the Agency.

    (xlii) "Reportable Disease" means a disease required by state statute or Agency rule and those diseases contained on List A and List B of the Office International Des Epizooties to be reported to the Wyoming State Veterinarian and the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.

    (xliii) "Sale Ring" means that area where Livestock are displayed in a Livestock Market where the public may bid with the intention of purchasing the Livestock.

    (xliv) "State or Federal Representative" means the Wyoming State Veterinarian or his designee or the United States Department of Agriculture, Animal and Plant Health Inspection Service, Area Veterinarian in Charge for Wyoming or Veterinary Medical Officer.

    (xlv) "Temporary and Restricted Livestock Sales License" means a document created and issued by the Agency that allows the applicant to offer Livestock for sale under specific guidelines and for a specific amount of time.

    (xlvi) "Trichomoniasis Quarantine Eligible" means a sexually intact male Bovine to be tested for Trichomoniasis pursuant to Agency Chapter 15 Rules.

    (xlvii) "USDA/APHIS/VS" means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.

    (xlviii) "USDA/GIPSA" means the United States Department of Agriculture, Grain Inspection, Packers and Stockyards Administration.

    (xlix) "VS Form 1-27" means an official restricted movement document created and supplied by the USDA/APHIS/VS and issued by an Accredited Veterinarian or the Authorized Livestock Market Veterinarian.

  Section 4. Penalty for a Violation of Rules.

  (a) Penalties for a violation of these rules will be pursuant to law.

  Section 5. Adoption of Federal Regulations.

  (a) Pursuant to W.S. §16-3-103, the Code of Federal Regulations as published January 1, 2002, 9CFR71.20 (Approval of Livestock Facilities); 9CFR71.3 (Interstate Movement of diseased Animals); 9CFR77 (Tuberculosis); 9CFR85 (Pseudorabies); 9CFR89 (Twenty-Eight Hour Law); 9CFR93 (Importation of Animals); 9CFR201 (Regulations Under the Packers and Stockyards Act) ; 9CFR 202 (Rules of Practice); 9CFR203 (Statements of General Policy); 9CFR204 (Organization and Functions); 9CFR205 (Clear Title); 9CFR325 (Transportation of Animals); shall be adopted by the Agency insofar as these federal regulations are not inconsistent with the rules, regulations and laws of the State of Wyoming. These documents are available to the public at the offices of the Agency.

  Section 6. General Requirements for Licensing of Livestock Markets.

  (a) No person shall operate a Livestock Market in Wyoming without a license and bond as required in W.S. §11-22-101 et seq.

  (b) Application to operate a Livestock Market will be made to the Agency on a form provided by the Agency.

  (c) The Agency, after due notice and opportunity for hearing to the applicant involved, may deny an application for a Livestock Market License, suspend or cancel the Livestock Market License when the Agency is satisfied that the applicant has:

    (i) Violated Wyoming state statutes contained in Title 11, chapters 18, 19, 20, 21, 22, 23, 24, 29, 30; Title 33, chapter 30; Title 35, chapter 10 or Agency rules chapters 1, 2, 8, 9, 10, 11, 12, 13 and 15.

    (ii) Made false or misleading statements in their application for licensing.

    (iii) Made false or misleading statements as to the health or physical conditions of Livestock regarding official test results or status of the herd of origin.

    (iv) Knowingly sold Livestock that were affected with a communicable disease.

    (v) Demonstrated their inability or unwillingness to carry out the record keeping requirements contained in this rule.

    (vi) Violated any of the provisions listed in W.S. §11-22-106.

  Section 7. Livestock Entering a Livestock Market to be Sold.

  (a) All Livestock entering a Livestock Market will be registered into the Livestock Market and into designated Pens. The registration information must be recorded on a Consignment Ticket with a copy of the Consignment Ticket posted on the Alley side of the corresponding Pen gate.

  (b) All Livestock entering a Livestock Market must be physically inspected by the Authorized Livestock Market Veterinarian for infectious and contagious diseases prior to the Livestock being offered for sale. The Authorized Livestock Market Veterinarian will document the Livestock's health status on a Certificate of Veterinary Health Inspection after having physically examined each head of Livestock.

    (i) Any animal that is exhibiting signs of a disease that is a Reportable Disease may not be offered for sale and must be isolated and placed in the Quarantine Pen immediately. The Authorized Livestock Market Veterinarian must notify the Wyoming State Veterinarian immediately and comply with Section 14 of these rules.

  (c) All Bovine, Equine and Ovine entering a Livestock Market must be physically inspected by a Brand Inspector to determine and verify ownership prior to the animal being offered for sale. Each consignment will be entered into the Brand Inspection Yard Book.

  Section 8. Livestock Leaving a Livestock Market.

  (a) No Bovine, Equine or Ovine may leave the Livestock Market for intrastate or interstate shipment until the Brand Inspector has inspected the animal and the Brand Inspector has issued the proper Brand Inspection Form.

  (b) No Livestock may leave the Livestock Market for intrastate or interstate shipment until the Authorized Livestock Market Veterinarian has inspected the Livestock, and the inspections have been documented on the proper forms when required.

  (c) No Livestock that have been imported from out of state may leave the Livestock Market until the requirements of Agency Chapter 8 import rules have been met.

  (d) No Livestock may leave the Livestock Market for intrastate or interstate shipment until all state and federal Livestock identification requirements have been met.

  (e) No Livestock may leave the Livestock Market for interstate shipment until the state of destination import requirements have been met.

  (f) If animals leaving the Livestock Market intrastate are Brucellosis Quarantine Eligible or Trichomoniasis Quarantine Eligible a Quarantine must be issued to the ranch of destination, and the Authorized Livestock Market Veterinarian must notify the Agency of the Quarantine eligibility of the Livestock immediately.

  (g) A copy of the Consignor's invoice stating the Consignor's name and Pen number must be furnished to the Brand Inspector to substantiate clearance.

  Section 9. Duties of Livestock Market Management.

  (a) The management of a Livestock Market must keep adequate records to allow accurate trace back of all Livestock to the prior owner. At a minimum, those records must include:

    (i) The date on which each consignment was received;

    (ii) The date each consignment was sold;

    (iii) The name and address of the Consignor;

    (iv) The name and address of the Purchaser;

    (v) The number of Livestock;

    (vi) The species of Livestock;

    (vii) The health status of the Livestock;

    (viii) Any marks and brands;

    (ix) All gross selling prices; and

    (x) All commission charges.

  These records will be accessible for the prior twenty-four (24) month period to State and Federal Representatives.

  (b) Livestock Market Management will insure that all Livestock that is moved interstate to Livestock Markets within the State of Wyoming will comply with the provisions set forth in Agency Chapter 8 Rules which govern the importation of Livestock into the State of Wyoming. All Livestock that is moved interstate, which has not complied with Agency Chapter 8 Rules, must be held in Quarantine and be inspected and tested as provided by state statute and Agency rules.

  (c) When a vacancy occurs for a Livestock Market Veterinarian, Livestock Market Management will submit the name(s) of one or more qualified candidates to the Agency for consideration and approval.

  (d) Livestock Market Management will insure that Certificates of Veterinary Health Inspections, issued by the Authorized Livestock Market Veterinarian, are forwarded to the Agency the next business day after each sale.

  (e) Livestock Market Management will insure that all Livestock gathered in a Livestock Market are handled in a humane manner so as not to cause undue injury to the Livestock.

  (f) Livestock Market Management will insure that all statutes and Agency rules pertinent to animal health and brand inspection are adhered to in their entirety.

  (g) Livestock Market Management is required to transmit the proceeds of the sale of Livestock according to the directions of the Brand Inspector.

  (h) Livestock Market Management is required to send the proceeds for sale of Livestock that are returned on account of wrong address to the Agency unless the Consignor can furnish a correct address.

  (i) Livestock Market Management will cooperate fully with State and Federal Representatives to maintain adequate Biosecurity standards.

  (j) Livestock Market Management will insure the removal of dead animals located at the Livestock Market within forty-eight (48) hours pursuant to W.S. '35-10- 101 et seq.

  (k) Livestock Market Management will cooperate with the Authorized Livestock Market Veterinarian and support his or her efforts in complying with responsibilities without interference.

  (l) Livestock Market Management will cooperate with the Brand Inspectors and support his or her efforts in complying with responsibilities without interference.

  (m) Livestock Market Management will cooperate fully with State and Federal Veterinarians or their designee.

  (n) Livestock Market Management will inform the Agency of any illegal Livestock imports.

  (o) Livestock Market Management will insure that all necessary assistance shall be provided for the inspection of Bovine, Equine or Ovine for Brands and ownership by a Brand Inspector.

  (p) Livestock Market Management will insure that all necessary assistance shall be provided for the physical inspection of Livestock by the Authorized Livestock Market Veterinarian.

  (q) Livestock Market Management will insure the public announcement of Quarantine conditions to be met for any Livestock prior to the immediate sale of the Livestock.

  Section 10. Livestock Market Facilities.

  (a) Plans for a new Livestock Market in Wyoming, or a major renovation, remodeling or relocation of an existing Livestock Market currently located in Wyoming will be reduced to writing including the requirements of W. S. §11-22-101 et seq. and be submitted to and approved by the Agency before construction begins.

  (b) Livestock Markets will be equipped with all the necessary facilities and equipment for the humane inspection, identification, and treatment of Livestock.

  (c) Livestock Markets will be equipped with a Quarantine Pen:

    (i) A Quarantine Pen will not be used for any other purpose than to hold diseased or suspected diseased Livestock and will be thoroughly cleaned with a disinfecting agent after each use.

  (d) All facilities of a Livestock Market, including loading and unloading chutes, holding Pens and restraint equipment will be constructed and operated in such a manner as to insure the humane, sanitary and efficient handling of Livestock.

  (e) Livestock Markets must contain adequate office and storage area, as determined by the personnel and physical needs of the Agency, to facilitate Brand and health inspections.

  (f) All service charges and fees imposed by the Livestock Market shall be posted in a conspicuous public area of the Livestock Market.

  (g) All floors of all Pens, Sale Rings, Alleys and Chutes shall have an impervious surface and must be constructed so as to ensure adequate footing and drainage.

    (i) The following are exceptions to this requirement:

      (A) Overflow Pens.

         (I) Overflow Pens shall not constitute more than twenty-five percent (25%) of the total number of pens. All Overflow Pens must be graveled or otherwise adequately surfaced and drained.

  (h) All Pens must be equipped so as to provide adequate feed and potable water for the number of Livestock housed in each Pen.

  (i) All Pens and Alleys in the Livestock Market must be sequentially numbered utilizing

  a white metal background and black four (4) inch lettering.

  (j) Information on any Livestock confined in a Pen in the Livestock Market must be recorded on a Consignment Ticket and posted on the Alley side of a Pen gate.

  (k) The Sale Ring, Scales, Pens, Alleys, Chutes and storage areas must be kept in a clean and sanitary condition. State and Federal Representatives must be allowed access to maintain surveillance of Livestock Markets for compliance.

  (l) After the completion of each day's sale, the Sale Ring, Scales, entering and exit Alleys shall be thoroughly cleaned. If considered necessary by the Authorized Livestock Market Veterinarian, they shall also be disinfected.

  (m) All Pens and Alleys shall be thoroughly sprayed during the fly season with a suitable product.

  (n) When a State or Federal Representative finds any portion of the Livestock Market unsafe, unsanitary, unsuitable or not in compliance with federal or state law or Agency rule, the Livestock Market may be closed after consultation and concurrence with the Executive Officer of the Agency.

  (o) All Livestock Market weighing devices shall comply with W.S. §40-10-117 et seq.

  (p) All Livestock Markets must contain adequate personnel and physical laboratory space as determined by the Agency, to facilitate veterinary medical testing.

  Section 11. Duties of Authorized Livestock Market Veterinarian.

  (a) The Authorized Livestock Market Veterinarian will ensure that Certificates of Veterinary Health Inspection are issued and submitted pursuant to Agency Chapter 14 Rules entitled Certificates of Veterinary Health Inspection.

  (b) The Authorized Livestock Market Veterinarian will examine all animals consigned for sale to determine health status and record that examination on a form provided by the Agency.

  (c) The Authorized Livestock Market Veterinarian will ensure that all applicable state and federal animal health laws and rules are complied with in their entirety.

  (d) The Authorized Livestock Market Veterinarian will immediately inform the Agency of any Livestock that need to be placed under Quarantine.

  Section 12. Livestock Market Brand Inspection Procedures.

  (a) In accordance with W.S. §11-20-205, the person in charge of the Livestock at the Livestock Market shall hold all Livestock at a designated place until the Livestock have been inspected for brands and ownership. All Livestock Market personnel shall provide the Brand Inspector with adequate facilities and render any assistance necessary while the required inspection is being made. After the Livestock have been inspected, the Livestock Market Management shall not commingle the Livestock with any other Livestock prior to sale.

  (b) Livestock Market Management shall provide any assistance necessary to facilitate the Brand Inspector in issuing an official certificate of brand inspection, including tagging or identifying individual Livestock when deemed necessary and access to any essential sales receipts and records of any Livestock consigned to the Livestock Market.

  (c) Brands properly recorded with the Agency or brand recording authority in the state of origin, or the title copy of a Brand Inspection Certificate or any other legal proof of ownership as specified by W. S. §11-20-208 or W.S. §11-20-222 shall be the basis for payment of the proceeds from the sale of Bovine, Equine or Ovine.

  (d) Any Brand, that the Brand Inspector cannot see clearly, shall be clipped.

  (e) If there is any doubt as to the Brand, ownership or point of origin of any Bovine, Equine or Ovine, the matter will be noted on the Brand Inspector Tally and the proceeds will be held by Livestock Market Management and given immediately to the Brand Inspector after the sale. If after sixty (60) days ownership has not been determined, the proceeds shall be forwarded to the Agency to be placed in the estray account created by W.S. §11-24-101 et seq.

  (f) The furnishing of title to Bovine, Equine or Ovine or the securing of adequate proof of ownership shall at all times remain the responsibility of the Consignor.

  (g) Livestock Market Management must surrender all proceeds from the sale of estrays to the Brand Inspector who will forward the money, copies of the Brand Inspection Tally, Copies of the estray report and sale invoices to the Agency immediately after the sale to be placed in the estray account created by W.S. §11-24-101 et seq.

  (h) When Brand Inspection Forms A, B or out of state Brand clearances are used for proof of ownership and all animals covered by the certificates or clearances are not sold and the form or clearances are returned, the Brand Inspector must note on the Brand Inspector Tally the type of clearance, place of issuance, date and number, if any, and must also enter the words "endorsed and returned."

  Section 13. Livestock passing through more than one Livestock Market.

  (a) Livestock entering any Wyoming Livestock Market from another Livestock Market (in-state or out-of -state) are required to meet all state and federal health requirements before leaving the first Livestock Market.

  (b) Livestock Market Management must maintain records to insure the traceability of animals to the original market where the animals previously sold.

  Section 14. Sale of Diseased Livestock.

  (a) No Livestock infected with, or suspected to be infected with, a contagious disease may knowingly be offered for sale at a Wyoming Livestock Market.

  (b) At the discretion of the Livestock Market Veterinarian, Livestock with a non contagious or infectious malady may be consigned to the Livestock Market and sold.

  (c) Diseased or condemned Livestock for which indemnity is to be paid shall be handled and sold in such a manner as not to invalidate the owner's claim for indemnity.

  Section 15. Transfer of Livestock Market License.

  (a) A Livestock Market license is only transferable to another person or entity with prior written approval of the Agency.

    (i) A change in the membership of a partnership, limited liability corporation, business, association or any other entity authorized by the state of Wyoming owning or having an interest in a Livestock Market, or the sale or transfer of a twenty five percent (25%) or greater interest in the stock ownership of a Livestock Market shall be considered a transfer of the Livestock Market license and is subject to the requirements of this section.

  (b) Application in accordance with the requirements of W.S. §11-22-101 et seq. to allow transfer of a Livestock Market license shall be made to the Agency on a form prescribed and furnished by the Agency.

  Section 16. Temporary and Restricted Livestock Sales Licenses.

  (a) No person shall operate a Livestock Market in Wyoming without a license and bond as required in W.S. §11-22-101 et seq.

  (b) Application to operate a Livestock Market will be made to the Agency on a form provided by the Agency.

  (c) The Agency, after due notice and opportunity for hearing to the applicant involved, may deny an application for a Livestock Market License, suspend or cancel the Livestock Market License when the Agency is satisfied that the applicant has:

    (i) Violated Wyoming state statutes contained in Title 11, chapters 18, 19, 20, 21, 22, 23, 24, 29, 30; Title 33, chapter 30; Title 35, chapter 10 or Agency rules chapters 1, 2, 8, 9, 10, 11, 12, 13 and 15.

    (ii) Made false or misleading statements in their application for licensing.

    (iii) Made false or misleading statements as to the health or physical conditions of Livestock regarding official test results or status of the herd of origin.

    (iv) Knowingly sold Livestock that were affected with a communicable disease.

    (v) Demonstrated their inability or unwillingness to carry out the record keeping requirements contained in this rule.

    (vi) Violated any of the provisions listed in W.S. §11-22-106.

    (vii) Operated as a Temporary and Restricted Livestock Sale without meeting proper licensing and bonding requirements.

  Section 17. Livestock Dealer Registration.

  (a) No person shall operate as a Livestock Dealer in Wyoming without first being registered with the Agency.

    (i) The following are not considered Livestock dealers and do not need to register with the Agency:

      (A) A livestock producer or feeder who purchases animals to be retained in his own operation for production purposes;

      (B) A livestock producer or feeder who sells animals from his own operation;

      (C) An individual who purchases livestock to be shown by the purchaser or a member of his family or to be donated for show purposes;

      (D) An individual who sells livestock that has been held for show purposes by the seller or a member of his family;

      (E) A lender who holds or liquidates a security interest in livestock; and

      (F) A person who purchases livestock not more than two times per month on behalf of other provided that the total value of any one purchase shall not exceed $10,000.00 and the total annual value of such purchases shall not exceed $30,000.00 and provided that no compensation is received above reimbursement for actual expenses.

  (b) Registration shall be made on a form provided by the Agency.

  Section 18. Internet and Video Livestock Sale Registration.

  (a) No person shall operate Internet or Video Livestock sales in Wyoming without first being registered with the Agency.

  (b) Registration shall be made on a form provided by the Agency.