345 IAC 7-3.5-3 Individual and market facility dealer license and exceptions

Sec. 3. (a) A person may not engage in the business of operating a market facility, buying, selling, or otherwise dealing in livestock without obtaining a license from the state veterinarian. The following persons and activities are exempt from the livestock dealer license requirement: (1) The purchase of livestock by an individual for the individual's own use other than resale on the livestock market. (2) The distribution of livestock in connection with programs dedicated to improvement of breeding practices or experimental procedures and ownership of the livestock remains, in whole or in part, in the distributor or breeder. (3) The sale or purchase of livestock by a producer or farmer that buys or sells livestock in connection with a business of raising, feeding, grazing, or breeding livestock as part of a farming enterprise, as distinguished from that of a dealer or trader, and does not follow a definite or routine pattern of disposing of acquired livestock through the channels of trade in less than sixty (60) days from the date of acquisition. (4) Purchases of livestock by operators of restaurants, grocery stores, meat processing plants, and slaughtering plants for the sole purpose of processing and sale in connection with the business enterprise if the total number of head of livestock purchased does not exceed twenty (20) head in any one (1) week. (b) Nothing contained in this rule shall apply to any of the following: (1) Pens or enclosures where livestock is housed or kept temporarily for the purpose of public exhibition. (2) Pens and enclosures maintained by slaughtering establishments and used for the temporary deposit and holding of livestock immediately prior to their being slaughtered and processed for human consumption. (c) No person may continue the business of operating a market facility, buying, selling, or otherwise dealing in livestock after his or her license has expired or been suspended or revoked.