330 CMR, § 4.03 - Dealing and Transportation of Cattle
(1)
License Required. No person may engage in the business
of dealing in cattle in Massachusetts without a valid livestock dealer license
issued by the Department, and no such person may transport cattle in any
vehicle lacking a valid dealer license plate on the driver's side.
(2)
License
Application. Any person needing a livestock dealer license should
submit the appropriate fee and an application on a form provided by the
Department. If the applicant's facilities and vehicles fail to pass Department
inspection or the Department otherwise finds that the applicant is not in
compliance with regulations, the Department may deny a license. Applicants may
appeal any license denial within seven days.
(3)
License Plate.
The Department will issue a livestock dealer license plate to each licensee, to
be valid for the term of the license. Licenses will expire on November 30 of
each year unless renewed. The Department will provide renewal decals with
license renewals. If the license is ever revoked, the revokee must promptly
return the dealer license plate and decal(s) to the Department.
(4)
Duties of
Licensees. Licensees must keep all areas and vehicles used for
cattle in a clean and sanitary condition. Unless acting pursuant to a written
waiver issued by the Director based on satisfactory test results, licensees
must allow on premises only cattle that are moved directly from herds or states
that are accredited-free from tuberculosis and certified-free from brucellosis
by USDA. Such waivers shall issue solely at the Director's
discretion.
(5)
Inspection and Testing. Licensees must submit cattle,
and areas and vehicles used for cattle, to inspection and testing at any time
the Department may deem it necessary.
(6)
Recordkeeping.
Licensees must maintain, subject to Department inspection, for a minimum of two
years, a record book listing every cattle transaction, giving Official ID, date
purchased, repossessed, sold, traded or loaned, from whom obtained, and to whom
transferred.
(7)
Reporting. Licensees with dairy cattle must forward to
the Department's Bureau of Animal Health each month, on forms furnished by the
Department, a report of each and every dairy cow or bull bought, sold, loaned,
traded or repossessed the preceding month, giving the Official ID, breed, date,
from whom obtained, and to whom transferred of each animal for each
transaction.
(8)
Revocations and Suspensions; Appeals. The Department
may, after a full and fair hearing, revoke or suspend any license if it finds
that applicable Department laws or regulations have been violated. Any person
aggrieved by such a decision may, within seven days, appeal to the Commissioner
of the Department. The Commissioner or his or her designee may, after a full
and fair hearing, order the decision to be affirmed, modified or annulled. No
such appeal will stay any decision of the Department. Further appeals may be
made pursuant to MGL c. 30A.
Notes
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