Louisiana Revised Statutes 3:563 – A.(1) All market agencies and livestock dealers shall secure an annual permit from the Louisiana Board of Animal Health for the privilege of conducting business.
Terms Used In Louisiana Revised Statutes 3:563
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Applicant: means a person or place of business that makes a formal application for a license, permit, certification, registration, or certificate issued pursuant to this Title. See Louisiana Revised Statutes 3:1
- Board: means the Louisiana Board of Animal Health. See Louisiana Revised Statutes 3:561
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
- Fraud: Intentional deception resulting in injury to another.
- Livestock: means cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, and other equine; sheep; goats; swine; domestic rabbits; fish, turtles, and other animals identified with aquaculture that are located in artificial reservoirs or enclosures that are both on privately owned property and constructed so as to prevent, at all times, the ingress and egress of fish life from public waters; imported exotic deer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and other farm-raised exotic animals; chickens, turkeys, and other poultry; and animals placed under the jurisdiction of the commissioner of agriculture and forestry and any hybrid, mixture, or mutation of any such animal. See Louisiana Revised Statutes 3:561
- Livestock dealer: means any person, not a market agency, engaged in the business of buying or selling livestock. See Louisiana Revised Statutes 3:561
- Market agency: means any persons, firm, or corporation engaged in the business of buying or selling livestock in commerce on a commission basis, either at a public stockyard or at a privately owned and operated sales pen or concentration point, or any persons engaged in the furnishing of services for the conduct of such business, including but not limited to livestock video auctions. See Louisiana Revised Statutes 3:561
- Person: means an individual, partnership, corporation, or association of such persons acting as a unit. See Louisiana Revised Statutes 3:561
A.(1) All market agencies and livestock dealers shall secure an annual permit from the Louisiana Board of Animal Health for the privilege of conducting business.
(2) It shall be a violation of this Part to operate as a market agency or livestock dealer without a permit from the Louisiana Board of Animal Health.
(3) The provisions of this Part shall not apply to farmers or other actual producers of the livestock who offer it for sale either at public stockyards or at a privately owned sales pen or concentration point.
B. Any person seeking to be permitted as a livestock dealer or market agency shall apply for a permit annually on a form prescribed by the board.
C. The board may deny, revoke, or suspend any permit for any of the following reasons:
(1) Material misstatement in the application for the original permit, or in the application to reissue a permit pursuant to this Part.
(2) Violation of this Part or of a rule or order of the board.
(3) Allowing a permit issued pursuant to this Part to be used by an unpermitted person.
(4) Conviction of a crime, an essential element of which is misstatement, fraud, or dishonesty.
(5) Conviction for violating a law or regulation of another state or of the United States that is materially similar to a substantive provision of this Part or a rule of the board.
(6) Suspension or other disciplinary action taken by the secretary of the United States Department of Agriculture pursuant to the Packers and Stockyards Act of 1921, 7 U.S.C. § 181 through 229, as amended, if it appears that the applicant or permittee committed or participated in the violation covered by the disciplinary action.
(7) Failure to possess the qualifications determined by the board to be necessary for, or failing to meet the requirements of, this Part for the issuance or holding of a permit.
(8) Any unpaid fines, fees, or penalties imposed by the board.
D. Proceedings for the denial, revocation, or suspension of a permit pursuant to the authority of this Part shall be conducted in compliance with the board’s rules, regulations, and procedures and in accordance with the Administrative Procedure Act.
E. The board may require a person against whom disciplinary action has been taken to pay the reasonable costs incurred by the board for any hearing or proceeding, including its legal fees and stenographer, investigator, or witness fees, and any costs and fees incurred by the board on any judicial review or appeal.
Acts 2008, No. 920, §1, eff. July 14, 2008; Acts 2018, No. 429, §1.