Revised Code of Washington - RCW Title 16 Animals And Livestock (Formerly: Animals, Estrays, Brands, And Fences) - Chapter 16.65 Public Livestock Markets

16.65.005 Purpose
The purpose of this chapter is to ensure the orderly marketing of livestock, to ensure the financial stability of public livestock markets, and to protect ...

16.65.010 Definitions
For the purposes of this chapter: (1) The term "public livestock market" means any place, establishment or facility commonly known as a "public livestock market", ...

16.65.015 Application of chapter -- Exceptions
(1) Except under subsection (2) of this section, this chapter does not apply to: (a) A farmer selling his or her own livestock. (b) A ...

16.65.020 Supervision of markets and special open consignment horse sales -- Rules -- Interference with director's duties
Public livestock markets and special open consignment horse sales shall be under the direction and supervision of the director, and the director may adopt those ...

16.65.030 Public livestock market license -- Application -- Contents -- Fee -- Public hearing
(1) No person shall operate a public livestock market without first having obtained a license from the director. Application for a license shall be in ...

16.65.037 License -- Restrictions -- Fees
(1) Any license issued under the provisions of this chapter shall only be valid at the location and for the sales day or days for ...

16.65.040 Public livestock market license -- Expiration -- Renewal -- Penalty
(1) All public livestock market licenses provided for in this chapter expire on March 1st subsequent to the date of issue. (2) Application for renewal ...

16.65.042 Special open consignment horse sale license required -- Application -- Fee -- Where and when valid
(1) A person shall not operate a special open consignment horse sale without first obtaining a license from the director. The application for the license ...

16.65.044 Public livestock market -- Open consignment horse sale -- Consignor's name
It is lawful for the operator of a public livestock market or an open consignment horse sale, upon receiving a request to do so, to ...

16.65.050 Disposition of fees
All fees provided for under this chapter shall be deposited in an account in the agricultural local fund and used for enforcing and carrying out ...

16.65.060 License to be posted
The licensee's license shall be posted conspicuously in the main office of such licensee's public livestock market or special open consignment horse sale.[1983 c 298 ...

16.65.080 Denial, suspension, revocation of license -- Reasons -- Hearing
(1) The director may deny, suspend, or revoke a license when the director finds that a licensee (a) has misrepresented titles, charges, numbers, brands, weights, ...

16.65.090 Livestock inspection -- Consignor's fee -- Inspection fee
The director shall provide for livestock inspection. When livestock inspection is required the licensee shall collect from the consignor and pay to the department an ...

16.65.100 Livestock inspection -- Purchaser's fee
The licensee of each public livestock market or special open consignment horse sale shall collect from any purchaser of livestock requesting inspection a fee as ...

16.65.120 Disposition of proceeds of sale -- Limitations on licensee
A licensee shall not, except as provided in this chapter, pay the net proceeds or any part thereof arising from the sale of livestock consigned ...

16.65.130 Unlawful use of consignor's net proceeds
It shall be unlawful for the licensee to use for his own purposes consignor's net proceeds, or funds received by such licensee to purchase livestock ...

16.65.140 Custodial account for consignor's proceeds -- Authorized withdrawals -- Accounts and records
Each licensee shall establish a custodial account for consignor's proceeds. All funds derived from the sale of livestock handled on a commission or agency basis ...

16.65.150 Penalty for failure to disclose unsatisfied lien, mortgage
The delivery of livestock, for the purpose of sale, by any consignor or vendor to a public livestock market or special open consignment horse sale ...

16.65.160 Delivery of proceeds and invoice to consignor or shipper
The licensee shall deliver the net proceeds together with an invoice to the consignor or shipper within twenty-four hours after the sale or by the ...

16.65.170 Records of licensee -- Contents
The licensee shall keep accurate records which shall be available for inspection to all parties directly interested therein, and the records shall contain the following ...

16.65.180 Unjust, unreasonable, discriminatory rates or charges prohibited
All rates or charges made for any stockyard services furnished at a public livestock market or special open consignment horse sale shall be just, reasonable, ...

16.65.190 Schedule of rates and charges
No person shall operate a public livestock market or special open consignment horse sale unless that person has filed a schedule with the application for ...

16.65.200 Licensee's bond to operate market or special open consignment horse sale
Before the license is issued to operate a public livestock market or special open consignment horse sale, the applicant shall execute and deliver to the ...

16.65.210 Licensee's bond to operate market -- Amount determined by prior business operations -- Minimum amount
The sum of the bond to be executed by an applicant for a public livestock market license shall be determined in the following manner: (1) ...

16.65.220 Licensee's bond to operate market -- Amount when no prior business operations -- Minimum and maximum amount
If the application for a license to operate a public livestock market is from a new public livestock market which has not operated in the ...

16.65.230 Licensee's bond to operate market -- One bond for each market
Any licensee operating more than one public livestock market shall execute a bond, as herein provided, for each such licensed public livestock market.[1959 c 107 ...

16.65.232 Licensee's bond to operate special open consignment horse sale -- Amount determined by estimate of business -- Minimum amount
The sum of the bond to be executed by an applicant for a special open consignment horse sale license shall be determined by estimating the ...

16.65.235 Cash or other security in lieu of surety bond -- Rules
In lieu of the surety bond required under the provisions of this chapter, an applicant or licensee may file with the director a deposit consisting ...

16.65.240 Action on bond -- Fraud of licensee
Any vendor or consignor creditor claiming to be injured by the fraud of any licensee may bring action upon said bond against both principal and ...

16.65.250 Action on bond -- Failure to comply with chapter
The director or any vendor or consignor creditor may also bring action upon said bond against both principal and surety in any court of competent ...

16.65.260 Licensee's failure to pay vendor, consignor -- Complaint -- Director's powers and duties
In case of failure by a licensee to pay amounts due a vendor or consignor creditor whose livestock was handled or sold through or at ...

16.65.270 Licensee's failure to pay vendor, consignor -- Failure of vendor, consignor to file claim
If a vendor or consignor creditor so addressed fails, refuses or neglects to file in the office of the director his or her verified claim ...

16.65.280 Licensee's failure to pay vendor, consignor -- Duties of director when names of creditors not available
Where by reason of the absence of records, or other circumstances making it impossible or unreasonable for the director to ascertain the names and addresses ...

16.65.290 Licensee's failure to pay vendor, consignor -- Settlement, compromise of claims -- Demand on bond -- Discharge
Upon ascertaining all claims and statements in the manner herein set forth, the director may then make demand upon the bond on behalf of those ...

16.65.300 Licensee's failure to pay vendor, consignor -- Refusal by surety company to pay demand -- Action on bond -- New bond, suspension or revocation of license on failure to file
Upon the refusal of the surety company to pay the demand, the director may bring an action on the bond in behalf of vendor and ...

16.65.310 Licensee's failure to pay vendor, consignor -- Settlement, compromise -- Creditors share -- Priority of state's claim
In any settlement or compromise by the director with a surety company as provided in RCW 16.65.290, where there are two or more consignor and/or ...

16.65.320 Investigations by director -- Complaints
For the purpose of enforcing the provisions of this chapter, the director on the director's own motion or upon the verified complaint of any vendor ...

16.65.330 Investigations -- Powers of director
For the purpose of making investigations as provided for in RCW 16.65.320, the director may enter a public livestock market and examine any records required ...

16.65.340 Testing, examination, etc., of livestock for disease -- Veterinarian employed by the market
The director shall, when livestock is sold, traded, exchanged, or handled at or through a public livestock market, require such testing, treating, identifying, examining and ...

16.65.350 Examinations -- Sanitary and health practices and standards -- Rules
The director shall adopt rules regarding sanitary practices, health practices and standards, and the examination of animals at public livestock markets.[2003 c 326 § 83; ...

16.65.360 Facilities -- Sanitation -- Requirements
Licensees shall provide facilities and sanitation for the prevention of livestock diseases at their public livestock markets, as follows: (1) The floors of all pens ...

16.65.370 Watering, feeding facilities -- Unlawful acts
Pens used to hold livestock for a period of twenty-four hours or more in a public livestock market shall have watering and feeding facilities for ...

16.65.380 Adequate facilities and space required for veterinarians to function
Public livestock market facilities shall include adequate space and facilities necessary for market, federal, or state veterinarians to properly carry out their functions as prescribed ...

16.65.390 Adequate space and facilities required for livestock inspectors and veterinarians to function
Public livestock market facilities shall include space and facilities necessary for livestock inspectors and veterinarians to properly carry out their duties, as provided by law ...

16.65.400 Weighing of livestock at public livestock market
(1) Each public livestock market licensee shall maintain and operate approved weighing facilities for the weighing of livestock at such licensee's public livestock market. (2) ...

16.65.410 Packer's interest in market limited
It shall be unlawful for a packer to own or control more than a twenty percent interest in any public livestock market, directly or indirectly ...

16.65.420 Application for change of or additional sales days, special sales -- Considerations for allocation
(1) Any application for a change of sales day or days or additional sales day or days for an existing salesyard shall be subject to ...

16.65.424 Additional sales days limited to sales of horses and/or mules
The director has the authority to grant a licensee an additional sales day, or days, limited to the sale of horses and/or mules and may ...

16.65.430 Information and records available to director and news services
Information and records of the licensee that are necessary for the compilation of adequate reports on the marketing of livestock shall be made available to ...

16.65.440 Penalty (as amended by 2003 c 326)
Any person who ((~~shall~~)) violates any provisions or requirements of this chapter or rules ((~~and regulations~~)) adopted by the director ((~~pursuant to~~)) under this chapter ...

16.65.440 Penalty (as amended by 2003 c 53)
Any person who ((~~shall~~)) violates any provisions or requirements of this chapter or rules ((~~and regulations~~)) adopted by the director ((~~pursuant to~~)) under this chapter ...

16.65.445 Public hearings
The director shall hold public hearings upon any proposal to adopt any new or amended rules and all hearings for the denial, revocation, or suspension ...

16.65.450 Orders -- Appeal
Any licensee or applicant who feels aggrieved by an order of the director may appeal to the superior court of the county in the state ...

16.65.900 Severability -- 1959 c 107
If any section or provision of this chapter shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ...

16.65.910 Severability -- 1963 c 232
See RCW 15.61.900. ...