Chapter 468

2004 -- H 7716 SUBSTITUTE A

Enacted 07/07/04

A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY

Introduced By: Representatives Shanley, Scott, Lewiss, Enos, and Corvese

Date Introduced: February 11, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. The title of Chapter 4-7 of the General Laws entitled "Cattle Dealers" is

hereby amended to read as follows:

CHAPTER 4-7

Cattle Dealers

CHAPTER 7

LIVESTOCK DEALERS

     SECTION 2. Sections 4-7-1, 4-7-2, 4-7-4, 4-7-5, 4-7-6, 4-7-7, 4-7-8, 4-7-13, 4-7-14, 4-7-

15, 4-7-16, 4-7-17, 4-7-18, 4-7-19, 4-7-20, 4-7-22 and 4-7-23 of the General Laws in Chapter 4-7

entitled "Cattle Dealers" are hereby amended to read as follows:

4-7-1. License required. -- No person, firm or corporation, wherever located, who, in the

judgment of the director of environmental management, is primarily engaged in the business of

buying, selling or exchanging bovine animals livestock within the state shall engage in the

business of buying, selling, or exchanging bovine animals livestock within the state, except for

immediate slaughter within seventy-two (72) hours, without first obtaining a license from the

director of environmental management.

4-7-2. Rules and regulations -- Terms of licenses -- License and renewal fees. -- The

director of environmental management may make rules and regulations governing animal care,

the issuance of licenses and the carrying out of the licensed business and relative to the

maintenance of premises, buildings and conveyances, the health rating of bovine animals

livestock intended for sale, and the method and time of inspection and checking of those animals.

Each license shall expire on the thirtieth (30th) day of June of each year. The fee for every license

or renewal is five one hundred dollars ($5.00). ($100).

4-7-4. Dealing without license. -- Any person, firm or corporation engaged in the

business of buying, selling, or exchanging bovine animals livestock, except for immediate

slaughter within seventy-two (72) hours, without a license shall be deemed guilty of a

misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500).

4-7-5. Notice of imported cattle -- Testing. -- Compliance with importation

regulations. -- Every dealer of cattle imported into the state or acquired for the purpose of sale or

trade shall immediately upon that importation or acquisition notify the director of environmental

management of that importation or acquisition and shall retain the cattle within his or her farm or

stables for a period of seventy-two (72) hours after notification to the department of

environmental management and until the cattle are inspected and tested for tuberculosis and

brucellosis in accordance with chapters 5 and 6 of this title and the regulations promulgated under

these chapters. Every dealer of livestock is required to comply with existing rules and regulations

governing the importation of livestock into the state.

4-7-6. Definitions. -- As used in sections 4-7-6 -- 4-7-23:

      (1) "Cattle" "Livestock" means any livestock bovine, equine, caprine, ovine, camelids,

swine or other animal sold for slaughter any purpose.

      (2) "Director" means the director of the department of environmental management.

      (3) "Farmers' co-operative" means a nonprofit association of producers organized with or

without capital stock for the purpose of producing and/or selling food commodities.

      (4) "License" means the certificate issued by the director to any person, firm,

partnership, or corporation regularly engaged in the business of buying, selling and/or

transporting cattle livestock to be sold or used for food.

4-7-7. Director to supervise movement of cattle. -- Director to supervise movement

of livestock. -- It is the duty of the director of the department of environmental management to

supervise the movement of cattle livestock from place to place within the state.

4-7-8. Application for license. -- Any person, firm, partnership, or corporation, regularly

engaged in the business of buying, selling and/or transporting cattle livestock to be sold or used

for food any purpose, shall annually apply to the director for a license to buy, sell and/or transport

cattle livestock to be sold or used for food any purpose. The application for that license shall be

made upon a form prescribed by the director who may, if he or she is satisfied as to the

responsibility and character of the application, issue a license to the applicant to buy, sell and/or

transport cattle livestock.

4-7-13. Revocation of license -- Hearing. -- Each license provided for in section 4-7-9

4-7-8 shall be issued annually and may be revoked by the director for cause. If in the judgment of

the director any provision of sections 4-7-6 -- 4-7-23 this chapter or any rule or regulation made

under these sections has been violated, the director shall send notice by registered mail to the

licensee who shall be given a hearing and if violation is proven his or her license shall be

revoked.

4-7-14. Vehicle number plates. -- The director shall furnish for each vehicle to be used

by a licensee in the business of buying, selling, and/or transporting cattle livestock, two (2)

number plates. These plates shall be displayed prominently on the vehicle used in the buying,

selling and/or transporting of cattle livestock under sections 4-7-6 -- 4-7-23 this chapter.

4-7-15. Display of license. -- Any person operating a vehicle used in the business of

buying, selling, and/or transporting live cattle livestock shall deposit or display in the vehicle in

some easily accessible place a license to engage in that business as provided by section 4-7-8.

4-7-16. License fees. -- License plate fees. -- The fee for the first license issued to any

one individual or corporation in accordance with sections 4-7-6 -- 4-7-23 is ten dollars ($10.00)

this chapter is fifty dollars ($50.00), which entitles the licensee to one set of number plates. The

fee for each additional license and set of number plates is five twenty-five dollars ($5.00)

($25.00).

4-7-17. Bill of sale required. -- No person shall transport cattle livestock in connection

with the sale of the cattle livestock from place to place upon any public highway or road in this

state unless he or she has in his or her possession a bill of sale signed by the vendor or agent of

the vendor and containing the vendor's address, the date of transaction, number of cattle livestock,

and/or weight, breed and price of cattle livestock and such other information as in the discretion

of the director will describe the cattle livestock and establish the proper ownership. The

information shall be available at any time to the director or his or her authorized agent or agents.

4-7-18. Exceptions from provisions. -- Sections 4-7-6 -- 4-7-23 This chapter shall not

apply to a merchant or a producer of cattle livestock who does not go from place to place buying,

selling, and/or transporting cattle livestock nor shall it apply to a farmers' cooperative

transporting cattle livestock in connection with the operation of a cooperative.

4-7-19. Administration -- Rules and regulations. -- The director has authority to

administer sections 4-7-6 to 4-7-23 the provisions of this chapter. He or she shall make and may

modify rules and regulations necessary or incidental to the provisions of sections 4-7-6 to 4-7-23

this chapter.

4-7-20. Enforcement. -- It is the duty of the director to enforce sections 4-7-6 -- 4-7-23

the provisions of this chapter and to prosecute any and all persons who, in his or her opinion, are

guilty of violating any of the provisions of those sections, and the director or his or her duly

appointed agent or agents are not required to enter into recognizance or become liable for costs.

4-7-22. Treble damages in civil action by producer -- Alternative remedy. -- Any

person failing to pay for cattle livestock purchased from the cattle livestock producer, and who is

or should be licensed under sections 4-7-6 -- 4-7-23 this chapter, is liable for damages three (3)

times the amount unpaid plus reasonable attorney fees as liquidated damages in a civil suit

brought by the cattle livestock dealer under the applicable rules of law in the courts. This

provision is an additional or alternative remedy to the cattle livestock producer.

4-7-23. Penalty for violations. -- Any person who violates any of the provisions of

sections 4-7-6 -- 4-7-23 this chapter shall be punished for the first offense by a fine of not more

than one hundred dollars ($100) and for any subsequent offense by a fine of not less than one

hundred dollars ($100) nor more than two hundred dollars ($200) or by imprisonment revocation

of license for not more than one year, or by both. .

     SECTION 3. Sections 4-7-9, 4-7-10, 4-7-11, 4-7-12 and 4-7-21 of the General Laws in

Chapter 4-7 entitled "Cattle Dealers" are hereby repealed.

4-7-9. Limited and unlimited licenses -- Bond. -- Licenses shall be issued in two (2)

forms:

(1) A limited license which permits the licensee to do business on a United States

currency basis only.

(2) An unlimited license issued to any person, firm, or corporation as referred to in

section 4-7-8, who may buy on credit and furnishes a bond with sufficient surety in the amount of

ten thousand dollars ($10,000), executed by a surety company authorized to do business within

this state, payable to any cattle producer residing in Rhode Island that has sold cattle to that

licensed dealer, conditioned upon the faithful performance of all legal obligations incurred in the

buying of cattle from the cattle producer.

4-7-10. Purpose of unlimited licensee's bond. -- The bond required by section 4-7-9(2)

shall be held by the director of environmental management to satisfy any claims held against any

licensee because of failure to pay for cattle purchased by that licensed dealer from the cattle

producer.

4-7-11. Hearing on default in payments -- Payment from bond. -- (a) Upon receipt of

a written notice of a default in payment, the director of environmental management shall order a

hearing to be held before him or her within two (2) weeks. If the claim is approved by the director

of environmental management, he or she may order payment to be made directly to the seller of

the cattle by the bonding company. The payment shall be made within two (2) weeks after

approval of the claim by the director of environmental management.

(b) All unpaid claims against licensed dealers must be made to the director within three

(3) weeks from the date of sale of the cattle, but the right to civil suit provided in section 4-7-22 is

subject to existing statutes of limitations.

4-7-12. Prorated claims. -- If unpaid claims against dealers licensed under section 4-7-

9(2), made within the period of time prescribed in section 4-7-11, are in excess of the surety

bond, and are approved by the director of environmental management, the amounts may be

prorated among the claimants by the director of environmental management.

4-7-21. Prosecution. -- It is the duty of the attorney general to conduct the prosecution of

all cases brought by the director or his or her duly appointed agent or agents under sections 4-7-6

-- 4-7-23.

     SECTION 4. This act shall take effect upon passage.

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LC02139/SUB A/2

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