47-1008.Prohibition on sale of certain infected orinjured livestock;euthanasia or order to remove from market, expenses; inspection by accreditedveterinarian; contracts for service andfiling certificates of inspection; inspection fees; minimumper diem for inspector to be negotiated; use and disposition of fees;veterinaryinspection fee fund; rules and regulations; electronic auctions; healthcertificate sale requirements.(a) Livestock shall not be offered for sale or sold at any licensed publiclivestock market if such livestock:
(1) Is infected with a disease that permanently renders thelivestock unfit for human consumption;
(2) has severe neoplasia;
(3) has severe actinomycosis;
(4) is unable to rise to its feet by itself; or
(5) has anobviously fractured long bone or other fractures or dislocation of a joint thatrenders the livestock unable to bear weight on the affected limb without thatlimb collapsing.
(b) If, in the judgment of an accredited veterinarian, the livestockconsigned and delivered on the premises of any licensed public livestock marketisin any of the conditions described in subsection (a), such veterinarian shalleuthanize humanely the livestock or direct the consignor to immediately removethe livestock from the premises of the public livestock market. All expensesincurred for euthanasia and disposal of the livestock under the provisions ofthis subsection shall be the responsibility of the consignor. Collection ofexpenses shall not be the responsibility of the consignee.
(c) All livestock consigned and delivered on the premises of any licensedpublic livestock market, beforebeing offered for sale, shall beinspected by a veterinarian authorized by thecommissioner who shall visually examine or test, or both, eachanimal consigned to such market, for the purpose of determining itscondition of health and freedom of clinical signs of infectious orcontagious animaldiseases that are determined to be reportable by the livestockcommissioner. Such regulatory veterinary services shall be contracted forby the livestock commissioner who shall select an accreditedveterinarian for each public livestock market.The public livestock marketoperator, for each public livestock market, shall submit to the livestockcommissioner a list of accredited veterinarians to be considered for theposition or positions. Suchveterinarian shall be authorized to make all requiredexaminations and tests, and to issue certificates of inspection at thepublic livestock market where such veterinarianserves. All livestock sold,resold,exchanged or transferred, or offered for sale or exchange at a livestockmarket shall be treated as may be necessary toprevent the spread ofcontagious or infectious diseases. A certificate of inspection, on aform to be approved by the commissioner, shall be issued to thepurchaser by the inspector. For the visual inspection of livestock offeredforsale, there shall be collected by the market operator from the consignora fee which shall be determined by negotiation between the market operatorand the market veterinarian but shall not be less than $.07 perhead, exceptthat no fee for inspectionshall be collected unless the inspection actually has been made. If thecharges per head collected on all livestock inspected at a livestockmarket on any sales day do not amount to a minimum per diem of $40or anyamount greater than $40 negotiated by the operator, the marketoperator shall be requiredto supply sufficient funds to provide such amount. Any amount lesser orgreater than the $40 amount specified, shall bedetermined by negotiation between the market operator and the marketveterinarian. A copy of any agreement or contract shall be on file withthe commissioner. Payments for veterinary services rendered under acontract as provided in this section shall be paid from theveterinary inspection fee fund, and for such services rendered prior tothe end of a fiscal year, payment may be made within 90 daysafter the end of the fiscal year.
(d) Livestock market operators shallpay amounts received andamountsdueunder this section to the livestock commissioner. The commissioner shallremit all such amounts received to the state treasurer in accordance with theprovisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of each suchremittance,the state treasurershall deposit the entire amount in the state treasury to the credit ofthe veterinary inspectionfee fund. Allexpenditures from such fund shall be made in accordance withappropriation acts upon warrants of the director of accounts and reportsissued pursuant to vouchers approved by the commissioner or by a personor persons designated by such commissioner.
(e) The livestock commissioner shall promulgate rules andregulations asmay be necessary to carry out the purposes of this section, including, butnot limited to, rules and regulations designating any disease as a disease thatrenders livestock or the carcasses thereof permanentlyunfit for human consumption. The livestock commissioner shall promulgate allsuch rules and regulations in accordance with existing antemortem inspectionregulations promulgated by the United States department of agriculture foodsafety andinspectionservice, as in effect on July 1, 1997.
(f) All livestock sold by a licensed electronic auction, before beingdelivered to an out-of-state buyer, shall have a health certificate issued bya licensed, accreditedveterinarian.Kansas buyers shall be furnished a health certificate upon request.
47-1008.Prohibition on sale of certain infected orinjured livestock;euthanasia or order to remove from market, expenses; inspection by accreditedveterinarian; contracts for service andfiling certificates of inspection; inspection fees; minimumper diem for inspector to be negotiated; use and disposition of fees;veterinaryinspection fee fund; rules and regulations; electronic auctions; healthcertificate sale requirements.(a) Livestock shall not be offered for sale or sold at any licensed publiclivestock market if such livestock:
(1) Is infected with a disease that permanently renders thelivestock unfit for human consumption;
(2) has severe neoplasia;
(3) has severe actinomycosis;
(4) is unable to rise to its feet by itself; or
(5) has anobviously fractured long bone or other fractures or dislocation of a joint thatrenders the livestock unable to bear weight on the affected limb without thatlimb collapsing.
(b) If, in the judgment of an accredited veterinarian, the livestockconsigned and delivered on the premises of any licensed public livestock marketisin any of the conditions described in subsection (a), such veterinarian shalleuthanize humanely the livestock or direct the consignor to immediately removethe livestock from the premises of the public livestock market. All expensesincurred for euthanasia and disposal of the livestock under the provisions ofthis subsection shall be the responsibility of the consignor. Collection ofexpenses shall not be the responsibility of the consignee.
(c) All livestock consigned and delivered on the premises of any licensedpublic livestock market, beforebeing offered for sale, shall beinspected by a veterinarian authorized by thecommissioner who shall visually examine or test, or both, eachanimal consigned to such market, for the purpose of determining itscondition of health and freedom of clinical signs of infectious orcontagious animaldiseases that are determined to be reportable by the livestockcommissioner. Such regulatory veterinary services shall be contracted forby the livestock commissioner who shall select an accreditedveterinarian for each public livestock market.The public livestock marketoperator, for each public livestock market, shall submit to the livestockcommissioner a list of accredited veterinarians to be considered for theposition or positions. Suchveterinarian shall be authorized to make all requiredexaminations and tests, and to issue certificates of inspection at thepublic livestock market where such veterinarianserves. All livestock sold,resold,exchanged or transferred, or offered for sale or exchange at a livestockmarket shall be treated as may be necessary toprevent the spread ofcontagious or infectious diseases. A certificate of inspection, on aform to be approved by the commissioner, shall be issued to thepurchaser by the inspector. For the visual inspection of livestock offeredforsale, there shall be collected by the market operator from the consignora fee which shall be determined by negotiation between the market operatorand the market veterinarian but shall not be less than $.07 perhead, exceptthat no fee for inspectionshall be collected unless the inspection actually has been made. If thecharges per head collected on all livestock inspected at a livestockmarket on any sales day do not amount to a minimum per diem of $40or anyamount greater than $40 negotiated by the operator, the marketoperator shall be requiredto supply sufficient funds to provide such amount. Any amount lesser orgreater than the $40 amount specified, shall bedetermined by negotiation between the market operator and the marketveterinarian. A copy of any agreement or contract shall be on file withthe commissioner. Payments for veterinary services rendered under acontract as provided in this section shall be paid from theveterinary inspection fee fund, and for such services rendered prior tothe end of a fiscal year, payment may be made within 90 daysafter the end of the fiscal year.
(d) Livestock market operators shallpay amounts received andamountsdueunder this section to the livestock commissioner. The commissioner shallremit all such amounts received to the state treasurer in accordance with theprovisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of each suchremittance,the state treasurershall deposit the entire amount in the state treasury to the credit ofthe veterinary inspectionfee fund. Allexpenditures from such fund shall be made in accordance withappropriation acts upon warrants of the director of accounts and reportsissued pursuant to vouchers approved by the commissioner or by a personor persons designated by such commissioner.
(e) The livestock commissioner shall promulgate rules andregulations asmay be necessary to carry out the purposes of this section, including, butnot limited to, rules and regulations designating any disease as a disease thatrenders livestock or the carcasses thereof permanentlyunfit for human consumption. The livestock commissioner shall promulgate allsuch rules and regulations in accordance with existing antemortem inspectionregulations promulgated by the United States department of agriculture foodsafety andinspectionservice, as in effect on July 1, 1997.
(f) All livestock sold by a licensed electronic auction, before beingdelivered to an out-of-state buyer, shall have a health certificate issued bya licensed, accreditedveterinarian.Kansas buyers shall be furnished a health certificate upon request.
47-1008.Prohibition on sale of certain infected orinjured livestock;euthanasia or order to remove from market, expenses; inspection by accreditedveterinarian; contracts for service andfiling certificates of inspection; inspection fees; minimumper diem for inspector to be negotiated; use and disposition of fees;veterinaryinspection fee fund; rules and regulations; electronic auctions; healthcertificate sale requirements.(a) Livestock shall not be offered for sale or sold at any licensed publiclivestock market if such livestock:
(1) Is infected with a disease that permanently renders thelivestock unfit for human consumption;
(2) has severe neoplasia;
(3) has severe actinomycosis;
(4) is unable to rise to its feet by itself; or
(5) has anobviously fractured long bone or other fractures or dislocation of a joint thatrenders the livestock unable to bear weight on the affected limb without thatlimb collapsing.
(b) If, in the judgment of an accredited veterinarian, the livestockconsigned and delivered on the premises of any licensed public livestock marketisin any of the conditions described in subsection (a), such veterinarian shalleuthanize humanely the livestock or direct the consignor to immediately removethe livestock from the premises of the public livestock market. All expensesincurred for euthanasia and disposal of the livestock under the provisions ofthis subsection shall be the responsibility of the consignor. Collection ofexpenses shall not be the responsibility of the consignee.
(c) All livestock consigned and delivered on the premises of any licensedpublic livestock market, beforebeing offered for sale, shall beinspected by a veterinarian authorized by thecommissioner who shall visually examine or test, or both, eachanimal consigned to such market, for the purpose of determining itscondition of health and freedom of clinical signs of infectious orcontagious animaldiseases that are determined to be reportable by the livestockcommissioner. Such regulatory veterinary services shall be contracted forby the livestock commissioner who shall select an accreditedveterinarian for each public livestock market.The public livestock marketoperator, for each public livestock market, shall submit to the livestockcommissioner a list of accredited veterinarians to be considered for theposition or positions. Suchveterinarian shall be authorized to make all requiredexaminations and tests, and to issue certificates of inspection at thepublic livestock market where such veterinarianserves. All livestock sold,resold,exchanged or transferred, or offered for sale or exchange at a livestockmarket shall be treated as may be necessary toprevent the spread ofcontagious or infectious diseases. A certificate of inspection, on aform to be approved by the commissioner, shall be issued to thepurchaser by the inspector. For the visual inspection of livestock offeredforsale, there shall be collected by the market operator from the consignora fee which shall be determined by negotiation between the market operatorand the market veterinarian but shall not be less than $.07 perhead, exceptthat no fee for inspectionshall be collected unless the inspection actually has been made. If thecharges per head collected on all livestock inspected at a livestockmarket on any sales day do not amount to a minimum per diem of $40or anyamount greater than $40 negotiated by the operator, the marketoperator shall be requiredto supply sufficient funds to provide such amount. Any amount lesser orgreater than the $40 amount specified, shall bedetermined by negotiation between the market operator and the marketveterinarian. A copy of any agreement or contract shall be on file withthe commissioner. Payments for veterinary services rendered under acontract as provided in this section shall be paid from theveterinary inspection fee fund, and for such services rendered prior tothe end of a fiscal year, payment may be made within 90 daysafter the end of the fiscal year.
(d) Livestock market operators shallpay amounts received andamountsdueunder this section to the livestock commissioner. The commissioner shallremit all such amounts received to the state treasurer in accordance with theprovisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of each suchremittance,the state treasurershall deposit the entire amount in the state treasury to the credit ofthe veterinary inspectionfee fund. Allexpenditures from such fund shall be made in accordance withappropriation acts upon warrants of the director of accounts and reportsissued pursuant to vouchers approved by the commissioner or by a personor persons designated by such commissioner.
(e) The livestock commissioner shall promulgate rules andregulations asmay be necessary to carry out the purposes of this section, including, butnot limited to, rules and regulations designating any disease as a disease thatrenders livestock or the carcasses thereof permanentlyunfit for human consumption. The livestock commissioner shall promulgate allsuch rules and regulations in accordance with existing antemortem inspectionregulations promulgated by the United States department of agriculture foodsafety andinspectionservice, as in effect on July 1, 1997.
(f) All livestock sold by a licensed electronic auction, before beingdelivered to an out-of-state buyer, shall have a health certificate issued bya licensed, accreditedveterinarian.Kansas buyers shall be furnished a health certificate upon request.
