HOUSE BILL NO. 413
AS AMENDED BY HOUSE AMENDMENT NOS. 1, 2, 3 AND 4
AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE BY ADDING A CHAPTER 76 THERETO RELATING TO REGISTRATION OF LIVESTOCK DEALERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each House thereof concurring therein):
Section 1. Part VI of Title 3, Delaware Code is hereby amended by adding a new chapter thereto to be designated as Chapter 76 and to read as follows:
"CHAPTER 76. REGISTRATION OF LIVESTOCK DEALERS.
§7601. Declaration of Purpose.
The purpose of this chapter is to provide for the registration of livestock dealers to enable the Department to trace the movement of livestock for the purpose of controlling or eradicating serious livestock diseases. This chapter establishes the Department's jurisdiction and authority over the animal transportation recordkeeping practices of persons transporting livestock or operating a livestock auction or sales facility.
For the purpose of this chapter, unless the context otherwise requires:
(1) "Department" means the State Department of Agriculture.
(2) "Secretary" means the Secretary of the State Department of Agriculture or his designee.
(3) "Person" means any individual, partnership, association, corporation, or organized group of persons whether incorporated or not.
(4) "Livestock" means any cattle, sheep, swine, goats, horses, mules, or other equines.
(5) "Livestock Dealer" means every recognized dealer engaged in the business of buying, selling or transporting livestock or operating a livestock auction or a livestock sales facility.
§7603. License Fee.
Any person desiring to engage in the business of a livestock dealer subject to this chapters shall obtain a license from the Department. Every application for a license shall be submitted to the Department on forms obtained from the Department with a $10.00 fee. All fees shall be forwarded to the State Treasurer. The license shall be for the first fiscal year ending June 30, and shall be renewed annually thereafter. A license may be denied at the time of application or revoked if the livestock dealer is found violating any section of this chapter or rules and regulations of the Department.
§7604. Exemptions from License.
Those livestock markets and their owners and officers which are approved and are classified as State-Federal Approved Livestock Markets are exempt from this chapter. Exempt companies are expected to abide by the provisions of the Codes of Federal Regulations applying to livestock markets and duties of the livestock markets concerning the identification of livestock.
§7605. Revocation of Buyer's License; Right of Appeal; Jurisdiction.
The Department of Agriculture may revoke the license of any person for the violation of any of the provisions of this chapter or of any rule or regulation which may be prescribed by the Department. Notice of revocation shall be sent to the licensee by registered mail setting forth the reason for the revocation and fixing the time for a hearing, should one be desired by the licensee. At the hearing, should the reason set out in the notice be sustained, the Department may continue the revocation indefinitely or for such other period of time as the Department deems advisable or may make such other order as it deems equitable. Any person affected by the ruling of the Department of Agriculture, under this chapter, may take an appeal within 10 days from notification of the Department's decision to the Superior Court.
The Superior Court for the three counties is vested with jurisdiction to hear and determine all such appeals and may by proper rules prescribe the procedure to be followed in such appeals. Every such appeal shall be determined by the Court. Costs may be awarded by the Court and when so awarded the same shall be collected as other costs are collected.
§7606. Rules and Regulations.
The Department of Agriculture, after conducting public hearings on any proposed rules or regulations, may make such rules and regulations as it deems advisable to aid in carrying out the purposes of this chapter and relative to the enforcement thereof. These rules may include requirements for record keeping by livestock dealers to identify animals and sales for the purpose of tracing animals found to be diseased at a later date.
§7607. Penalty for Violations.
Whoever violates any provisions of the chapter or any rules or regulations promulgated hereunder shall be guilty of a Class C misdemeanor. The Superior Court shall have jurisdiction over all offenses under this chapter."
Approved July 21, 1982.