wv-wv-18508: 61-11 — Regulations Governing Public Markets

6/22/2026 1:37:17 PM Office of West Virginia Secretary Of State NOTICE OF PUBLIC COMMENT PERIOD AGENCY: Agriculture TITLE-SERIES: 61-11 RULE TYPE: Legislative Amendment to Existing Rule: Yes Repeal of existing rule:No RULE NAME: Regulations Governing Public Markets CITE STATUTORY AUTHORITY: §19-1-4B, 19-2, and 2A COMMENTS LIMITED TO: Written DATE OF PUBLIC HEARING: LOCATION OF PUBLIC HEARING: DATE WRITTEN COMMENT PERIOD ENDS: 07/22/2026 12:00 PM COMMENTS MAY BE MAILED OR EMAILED TO: NAME: Amie Minor 1900 Kanawha Boulevard, East ADDRESS: Charleston, WV 25305 EMAIL: rulescomments@wvda.us PLEASE INDICATE IF THIS FILING INCLUDES: Yes RELEVANT FEDERAL STATUTES OR REGULATIONS: (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) INCORPORATED BY REFERENCE: Yes (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) PROVIDE A BRIEF SUMMARY OF THE CONTENT OF THE RULE: The rule establishes regulations for general operating procedures for public markets. SUMMARIZE IN A CLEAR AND CONCISE MANNER CONTENTS OF CHANGES IN THE RULE AND A STATEMENT OF CIRCUMSTANCES REQUIRING THE RULE: Amendments to the Facilities, Weighman, Graders, and Auctioneers, and Operations sections of the rule. SUMMARIZE IN A CLEAR AND CONCISE MANNER THE OVERALL ECONOMIC IMPACT OF THE PROPOSED RULE: A. ECONOMIC IMPACT ON REVENUES OF STATE GOVERNMENT: n/a B. ECONOMIC IMPACT ON SPECIAL REVENUE ACCOUNTS: n/a C. ECONOMIC IMPACT OF THE RULE ON THE STATE OR ITS RESIDENTS: n/a D. FISCAL NOTE DETAIL: Effect of Proposal Fiscal Year 2026 2027 Fiscal Year (Upon Increase/Decrease Increase/Decrease Full (use "-") (use "-") Implementation) 1. Estimated Total Cost 0 0 0 Personal Services 0 0 0 Current Expenses 0 0 0 Repairs and Alterations 0 0 0 Assets 0 0 0 Other 0 0 0 2. Estimated Total 0 0 0 Revenues E EXPLANATION OF ABOVE ESTIMATES (INCLUDING LONG-RANGE EFFECT): n/a BY CHOOSING 'YES', I ATTEST THAT THE PREVIOUS STATEMENT IS TRUE AND CORRECT. Yes Amie J Minor -By my signature, I certify that I am the person authorized to file legislative rules, in accordance with West Virginia Code §29A-3-11 and §39A-3-2. 61CSR11 TITLE 61 LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE SERIES 11 REGULATIONS GOVERNING PUBLIC MARKETS 61-11-1. General. 1.1. Scope. -- These regulations establish general operating procedures for public markets. 1.2. Authority. -- W. Va. Code ''19-1-4B, 19-2 and 2A. 1.3. Filing Date. -- May 14, 2026. 1.4. Effective Date. -- May 14, 2026. 1.5. Sunset Date. -- This rule shall expire and have no further force or effect August 1, 2031. 61-11-2. Incorporation by Reference. 2.1. USDA-Aphis LBMS Uniform Program Standards 2.2. USDA-FSIS Standards for Slaughter and Meat Processing. §61-11-3. Definitions. 3.1. "Bond" means a bond conditioned as the commissioner may require and acceptable to him, payabletotheStateofWestVirginia,forthebenefitoftheconsignorsatapublicmarketoflivestock,poultry, and other agricultural and horticultural products, who have been wronged or damaged by any fraud or fraudulent practices of the market and so adjudged by a court of competent jurisdiction and who shall have the right of action for damage for compensation against such bond. The form of the bond shall be approved by the commissioner and may include, at the option of the applicant, surety bonding, collateral bonding (including costs and securities), establishment of an escrow account or a combination of these methods. If collateral bonding is used, the operator may elect to deposit cash, or collateral securities or certificates as follows: Bonds of the United States or its possessions, of the federallandbank,orofthehomeowners'loancorporation;fullfaithandcreditgeneralobligationbondsofthe State of West Virginia; or other states, and of any county, district or municipality of the State of West Virginia or other states; or certificates of deposit in a bankin this state, which certificates shall be in favor of thedepartment. Thecashdepositormarketvalueofsuchsecuritiesorcertificatesshallbeequaltoorgreater than the sum of the bond. It shall be the duty of the applicant to ensure the market value of such bonds are sufficient. The commissioner shall, upon receipt of any such deposit of cash, securities or certificates, promptlyplacethesamewiththetreasureroftheStateofWestVirginiawhosedutyitshallbetoreceiveand holdthesameinthenameofthestateintrustforthepurposeforwhichthedepositismadewhenthepermitis issued. The applicant making the deposit is made when the permit is issued. The applicant making the depositshallbeentitledfromtimetotimetoreceivefromthestatetreasurer,uponthewrittenapprovalofthe commissioner, the whole or any portion of any cash, securities or certificates so deposited, upon depositing 1 61CSR11 with him in lieu therefore, cash or other securities or certificates of the classes herein specified having value equal to or greater than the sum of the bond. 3.2. "Commissioner,"asdefinedinthelaw,istheCommissionerofAgricultureoftheStateofWest Virginia or his authorized agent. 3.3. "Department" means the West Virginia Department of Agriculture. 3.4. "FeedingandBreedingPurposes"meansanylivestockreceived,sold,offeredorexposedforsale for purposes other than immediate slaughter. 3.5. "Grade" means the standards used to grade and classify livestock in West Virginia shall be the sameasthose establishedbytheUnitedStatesDepartmentofAgricultureorthatmightbeestablishedbythe Commissioner. 3.6. "ImmediateSlaughter"meanslivestockpurchasedbypersons,firmsorcorporationsengagedin shipping direct from the market to terminal markets or slaughtering places. Livestock purchased for immediate slaughter shall not be returned to farms. 3.7. “Live Bird Market System” means live bird markets and their production and processing systems. 3.8. "Livestock Technician" means a livestock inspector or other person in the employ of the department and approved by the Commissioner to carry out the provisions of this rule. 3.9. “National Poultry Improvement Plan” or (NPIP) means a cooperative federal-state-industry mechanismforcontrollingcertainpoultrydiseasesassetforthintheNationalPoultryImprovementPlanand AuxiliaryProvisionssetforthinTitle(44)oftheCodeofFederalRegulationsParts145through147andpart 56 published March 22, 2011. 3.10. "Person,"asdefinedinthelaw,includesanyindividual,partnership,corporationorassociation. 3.11. "Product" means any livestock, poultry and other agricultural or horticultural products. 3.12. "PublicMarket"asdefinedinthelawis:(1)Any placeofbusiness wherelivestock,poultryor other agricultural or horticultural products are received and sold at public auction or, (2) any place where livestock is received from producers, assembled and sold or offered for sale, including but not limited to stockyards,buyingstations,consignment,orbyanypublicauction. Thetermpublicmarketshallincludeall such places where such activities are conducted, whether or not such activities are performed according to a scheduled routine or a historically established pattern of days and times: Provided, That sales totally sponsored, organized and financed by the State of West Virginia or by any state, regional or county agricultural fair or festival, or by any 4-H, FFA or other educational activity, shall not be included in this definition. Annual sales held by nonprofit associations or nonprofit corporations devoted to improving the quality of beef cattle or other livestock raised in this state where the net proceeds from such sales are used exclusivelyfortheassociationorcorporationconductingsuchsale,orpurebredlivestocksalesconductedby generally recognized breed associations, shall not be subject to the provisions of sections §61CSR11-8 and §61CSR11-16a of this article: Provided, however, That only members in good standing in such nonprofit 2 61CSR11 associationsornonprofitcorporationsorsuchbreedassociationsshalloffercattleforsaleatsuchannualsale andthebylawsofsuchassociationorcorporationorsuchbreed associationshallprovideeitherforabondto be given as provided in this article or that each member offering stock at such sale shall bear any loss in proportion to the value of each member's stock to the total value of such stock being sold at such sale. 3.13. "Veterinarian" means the State Veterinarian, any accredited veterinarian employed by the Commissioner, and/or any individual designated as an agent of the veterinarian. 3.14. “West Virginia Live Bird Market” means any facility that sells live poultry for customer selection and immediate onsite slaughter. 61-11-4. Permits. 4.1. Permit -- All persons desiring to operate a public market shall obtain a permit from the Commissioner. 4.2. Application for permit. -- All persons applying for a permit to operate a public market shall make applicationtotheCommissioneronformsfurnishedbyhim/her. Theapplicationshallcontainthefollowing: 4.2.1. Proposed location of such market; 4.2.2. Type of ownership: Individual, partnership, corporation or association; 4.2.3. Principal owners and their addresses; 4.2.4. How financed; 4.2.5. A fee of twenty dollars ($20.00); 4.2.6. A plat showing the location and the amount of land, including its elevations, in relation to highways or railroads and general accessibility to the public; 4.2.7. Blueprints which show the details of construction of all barns, buildings and other facilities. 4.2.8. Before a permit shall be issued by the Commissioner, the applicant shall furnish a bond payable to the State of West Virginia for the benefit of consignors, who may be wronged or damaged by any fraud or fraudulent practices of the market, in the amount prescribed by the Commissioner, but in no case shallthebondbelessthantheaveragebondmaintainedbyallotherpublicmarketsinthestatethathavebeen in operation more than twelve (12) months. 4.3. Permit renewal. -- Persons operating a public market shall renew their permit annually. Applications for renewal of the permit shall be made on forms furnished by the Commissioner. The application shall be presented on or before the first day of July of each year and shall be accompanied by a bondpayabletotheStateofWestVirginiaintheamountnottoexceedonehundredtwentypercent(120%)of the average of its sales during the preceding calendar year. A check or money order in the amount of twenty dollars ($20.00) shall accompany the application. 4.3.1. The Commissioner shall require a bond in an amount fixed by him when a public market has not operated for one (1) year previous to the date of application; however, in no case shall the bond be less than the average bond maintained by all other public markets in the state that have been in operation more 3 61CSR11 than twelve (12) months. 4.4. Transferof permit. -- No person holding a permit to operate a public market shall sell or otherwise transfer such permit. 4.5. The license of a public market may be suspended or revoked by the Commissioner upon not less than fifteen (15) days notice to the licensee for his failure to grade and classify according to the standards established by the United States Department of Agriculture upon the written request of the licensee, the Commissioner shall hold a hearing on the suspension or revocation in accordance with W. Va. Code '19-2A-14. 61-11-5. Facilities. 5.1. Scales, type and location. -- Persons operating a public market shall install a sufficient number of scales to accommodate the minimum volume of business of the market at any time. All scales shall be equipped with a dial and printer or adjustable indicator, type-registering beams, and be located where easily accessible to the docks. 5.2. Pens for holding and testing cattle. -- All persons operating a public market where cattle will be offeredforsaleshallprovidetwo(2)holdingpenstobeusedforthepurposeoftestingandexaminingcattle. These holding pens shall be constructed so that cattle may be safely worked from one through a catching chute into the other. The catching chute, gates and working area shall be constructed and maintained for maximum safety and efficiency. 5.3. Pensforholdingswineforfeedingandbreedingpurposes. -- Allpersonsoperatingapublicmarket where swine will be offered for sale shall construct or allocate, under roof, a sufficient number of pens to be usedexclusivelyforthepurposeofexaminingandadministeringmedicationtoswinereceivedandofferedfor sale for feeding and breeding purposes. These pens shall be constructed with floors of impervious material, shall be well lighted and shall be properly cleaned after each sale. 5.4. Pensforholdingsheepforfeedingandbreedingpurposes. -- Allpersonsoperatingapublicmarket where sheep and lambs will be offered for sale shall construct, under roof, a sufficient number of pens to be usedforsheepandlambsofferedforsaleforfeedingandbreedingpurposes. Thesepensshallbewelllighted and shall be properly cleaned after each sale. 5.5. Pens for holding goats for feeding and breeding purposes. – All persons operating a public market where goats and kids will be offered for sale shall construct, under roof, a sufficient number of pens to be used for goats and kids offered for sale for feeding and breeding purposes. These pens shall be well lit and shall be properly cleaned after each sale. 5.6. Pens for holding horses for feeding and breeding purposes. – All persons operating a public market where horses and foals will be offered for sale shall construct, under roof, a sufficient number of pens to be used for horses and foals offered for sale for feeding and breeding purposes. These pens shall be well lit and shall be properly cleaned after each sale. 5.57. Pens (grading). -- All persons operating a public market where livestock and poultry will be offeredforsaleshallprovidepensforgradingandclassifyinglivestockandpoultry. Allpensshallbelocated under roof and shall be properly cleaned after each sale. 4 61CSR11 5.68. Watering facilities. -- All persons operating a public market where livestock are offered for sale shall have fresh potable water available to all livestock. Any livestock held more than 48 hours must have fresh potable water. 5.79. Public facilities. -- All persons operating a public market shall provide: toilet and hand washing facilitiesforthepublicandsuchfacilitiesshallbemaintainedinacleanandsanitaryconditioninaccordance with the requirements of the State Health Department. 5.810. Openinghourofsale. -- Apublicmarketshallkeepthepublicinformedastothestartingtimeof all sales and shall begin all sales no later than 30 minutes past the approved sale time. 5.911. Weighed on day of sale. -- All products sold by weight at any public market shall be weighed at the market on the day of the sale. 5.1012. Scales, maintenance. -- A public market shall maintain its scales so as to ensure accurate weights,andshallhavethescaletestedatleastonceeverytwelve(12)monthsormoreoftenifrequiredbythe Commissioner of Labor. 61-11-6. Weighmen, Graders and Auctioneers. 6.1. Weighman, grader, auctioneer, employment of. -- A public market shall utilize a licensed weighman, a licensed grader and a licensed auctioneer at every sale where weighed and graded products are sold at auction. 6.2. Grades,classifications,standards. -- Apublicmarketrepresentingoradvertisingthatagriculturalor horticultural products are being sold on grades, classifications or standards adaptable to such products, shall utilize a licensed grader to sort, grade and classify such products. Such grades or standards shall conform to the grades, classifications or standards established by the United States Department of Agriculture or that might be established by the Commissioner. 6.3. Licenses: Weighman, grader, auctioneer. -- Application for weighman or grader's license shall be filed with the Commissioner on forms provided by him/her and shall be accompanied by check or money order in the amount of five dollars ($5.00). Application for auctioneer's license shall be filed with the Commissioner as provided in W. Va. Code §19-2C and the regulations promulgated thereunder. 6.4. License Renewal: Auctioneer, Weighman, Grader - Any weighman or grader desiring to renew his license shall make application for such renewal on application forms provided by the Commissioner, on or before the first day of July of each year. Such application shall be accompanied by a check or money order made payable to the West Virginia Department of Agriculture in the sum of five dollars ($5.00). Any auctioneer desiring to renew his license shall make application to the Commissioner for such renewal as provided in Chapter 19, Article 2C and the regulations promulgated thereunder. 6.5. Grader, application and duties. -- The applicant is required to qualify in accordance with the standardrulesforgradinglivestockandotheragriculturalorhorticulturalproductsestablishedbytheUnited States Department of Agriculture and any special requirements established by the Commissioner. 6.5.1. The grader shall grade or classify all products in conformity with grades, classifications and standards established by the United States Department of Agriculture or that might be established by the Commissioner. 5 61CSR11 6.5.2. Agraderisauthorizedtosettledisputesongradesandclassificationsandhis/herdecisionshall be final unless appealed to the Commissioner. 6.5.3. At the end of each sale, a report shall be prepared showing the kinds of products graded or classified, the number in each grade or classification, and any other information required by the Commissioner. Suchreportsshallbeintriplicate,theoriginaltobeforwardedtotheCommissionernot later than the day following the sale, one (1) copy to be given to the public market and one (1) copy to be retained by the grader. 6.5.4. Apublicmarketshallemploysufficienthelptoassistthegraderingradingandclassifyingthe products. Such employees shall be available to the grader at all times while grading is being conducted. 6.6. Weighman, application and duties. -- An applicant for weighman license shall be a person trained and proficient in weighing the products being offered for sale. 6.6.1. The weighman shall have complete and unmolested charge of the scale at all times he/she is engaged in weighing; 6.6.2. Shall record the true and accurate weight of all products weighed; 6.6.3. Shall record the weight by typed impression after all other information has been entered and recorded on the ticket; 6.6.4. Shall show on the scale ticket the amount of dockage, if any, on livestock and live poultry in addition to the information required to be on the scale ticket; 6.6.5. Shall make a certified copy of scale ticket when requested by the owner or consignor of the product; 6.6.6. Inthecaseofanerrorinpreparingthescaleticket,theweighmanshallmakeacorrectedscale ticket after reweighing of the product. The correction ticket shall be attached to the original ticket and shall showonitsfacethatitisacorrectedticket. Aweighmanisauthorizedtosettledisputesonweightsandscale records, or other matters pertaining to weights, and his/her decision shall be final unless appealed to the Commissioner. 6.7. Auctioneer,applicationandduties. -- AuctioneersshallbelicensedasrequiredunderW.Va.Code §19-2C. 6.7.1. In case of a dispute between bidders, the auctioneer is authorized to settle such dispute by reopening the bid and reselling to the highest bidder. 6.7.2. Anauctioneer,whenofferinglivestockforsaleatanypublicmarketforimmediateslaughter, shall publicly announce that such livestock may be purchased for immediate slaughter only. 6.7.3. An auctioneer, when selling livestock received, entered and/or offered for sale by any public market for feeding andbreeding purposes, shall publicly announce that such livestock may be purchased for feeding or breeding purposes. 6 61CSR11 6.7.4. An auctioneer, when selling livestock by weight, shallannounce the weight of such livestock beforesameissold. Whenanylivestockissoldhe/sheshallannouncethenameofthepersonorfirmbuying said livestock. When livestock is sold to a person representing himself/herself as agent or order buyer for anotherperson,theauctioneershallannouncethenameoftheagentororderbuyer,and,ifpossible,thename ofthepersonforwhomsuchlivestockwaspurchased. Theauctioneershallalsoannouncethepriceatwhich said livestock was sold. Such announcements shall be in an audible voice that can be heard throughout the sale arena by persons of average hearing. 61-11-7. Operations. 7.1. Clerkshallrecordpriceandpurchaser-Apublicmarketclerkshallrecordthenameofthebuyerand the price at which the products are sold as announced by the auctioneer. 7.2. Animals, identification of. -- It shall be the responsibility of each public market to individually identify by numbered tag each animal consigned to said market. Such tag number shall be recorded on the scale ticket in the space provided. 7.2.1. The consignor shall bear the responsibility for delivering correctly paired cows and calves to the market. 7.3. Agents, order buyers, purchases by. -- When purchases are made at a public market by a person representing himself as agent or order buyer for another person, such public market shall record on the manifest, invoice and other records the name of the agent or order buyer, and for what person such was purchased. 7.3.1. West Virginia Live Bird Markets shall source poultry from West Virginia participants registered in the National Poultry Improvement Plan (NPIP), or NPIP participants from other states if imported birds are sold. Birds sourced from other states must meet West Virginia import requirements, including testing requirements. All birds not selected and custom-slaughtered for customers will be processed weekly under state and federal meat inspection to be provided for storefront sales in registered West Virginia establishments. All held birds shall be maintained in caging and provided care to standards set forth for slaughter facilities by USDA-FSIS for meat processing facilities. Received live birds shall only be moved offsite under special permit and not out-of-state. 7.4. Scale tickets. -- A public market shall use scale tickets made in quadruplicate, or triplicate where manifest sheets are used, numbered serially, and shall containthe following information: (refer to Appendix A) 7.4.1. A public market shall record in spaces provided on the scale ticket all required information. The weighman shall record the true and actual weight of livestock, poultry and other agricultural or horticulturalproductsenteredandrecordedforsalebythepound. Apublicmarketshalldeliverone(1)copy of the scale ticket to the consignor, one (1) copy to the purchaser, if requested, one (1) copy to the Commissioner of Agriculture or his agent, and retain one (1) copy for permanent record. 7.4.2. Incaseofadisputeoveranyweights,apublicmarketofficial shall,uponrequestofeitherthe consignororbuyer,reweighanylivestock,poultry,agriculturalorhorticulturalproductinquestion. Disputes arising from such reweighing may be appealed to the Agriculture Commissioner or his/her duly authorized agent. 7 61CSR11 7.4.3. Organizations exempted under the definition of a public market when selling agricultural or horticultural products by weight shall deliver to each consignor, at time of consignment, a scale ticket indicating the correct weight of the product(s) consigned. 7.5. Records and account. -- A public market shall keep a complete and accurate record of all transactions. TheCommissionerorhisdulyauthorizedagentsshallhavetherighttoenterthepremisesofany public market, at all reasonable hours, to examine the books and records of such market and to make any other inspection deemed necessary. 7.6. Reports, statistical. -- A public market, when requested, shall make and furnish reports or other statistical information to the Commissioner on forms furnished by the Commissioner. The Department will assemble an annual report of the public markets identified in this section of code summarizing the data required via this section of code. 7.7. Inspection and test certificates. -- A public market shall complete test or inspection certificates issued by the veterinarian covering livestock tested or inspected by writing in the name and address of the purchaser in the blank spaces provided for same. 7.8. Records, disposition of. -- A public market shall keep any and all books, records, documents or other papers which contain or explain transactions of its business for a period of at least five (5) years. 7.9. Proceeds of sale, prompt accounting. -- All moneys received from the sale of agricultural or horticultural products by a public market are hereby declared to be the property of the consignor. A public marketshallberesponsibletoaconsignorforthefullmarketvalueofallagriculturalorhorticulturalproducts receivedorenteredforsale. Apublicmarketshallwithinseventy-two(72)hoursfollowingtheconclusionof the daily activities of such market, transmit or deliver by check to the consignors or the consignor's duly authorized agent, or by mail, the net proceeds received from the sale of the consignor's products, and a true written account of such sale showing the number, weight and price of each kind of livestock, poultry, agricultural or horticultural product sold, the name of the purchaser, the purchaser's agent or order buyer, if any,thedateofthesale,thecommission,yardageandanyotherlawfulcharges,andanyotherfactsasmaybe necessary to complete the account. 7.10. Market zone establishment. -- The Commissioner shall establish and define an area surrounding each public market as the market zone for such public market and shall enter the boundaries of such market zone upon the records of the Department and cause such boundaries to be posted. All agricultural and horticultural products entering a market zone shall be handled and sold through the market and shall be subject to all the rules and regulations governing a public market. 7.11. Veterinarian, Authority of. -- Accredited veterinarians or Agent of the Commissioner shall have the righttoenter any publicmarket or premises, publicor private, within suchmarket or market zone, where they have reason to believe that diseased animals or poultry may have been confined or kept in or on such premises, make examinations or apply such tests as may be necessary to determine whether or not any contagious or infectious disease exists. 7.12. Livestock, inspected or tested, disposition of. -- A public market shall not permit the removal of anylivestockorpoultryinspectedorsubjecttoinspection,ortestedorsubjecttotestforanycommunicableor infectious disease affecting livestock orpoultry, unlessand until released by the veterinarian orAgent of the Commissioner. 8 61CSR11 7.13. Veterinary biological, furnished by, disposition of. -- A public market shall furnish all necessary veterinary biologicals for testing livestock. Such veterinary biological products shall be approved by the Commissioner, shall be administered by an accredited veterinarian or an agent under his supervision, and shall be used exclusively for testing livestock received, sold or offered for sale through the public market. 7.14. Veterinaryassistant,employedby. -- Apublicmarketshallemployutilizesufficienthelptoassist the veterinarian or his agent in testing livestock at the market. Such employees help shall be available to the veterinarian or his agent at all times on the day of the sale. 7.15. Diseasedanimals,dispositionof. -- Livestockreceivedbyapublicmarketwhichshowsymptoms ofcontagious,infectiousorcommunicabledisease,maybeheldinquarantine,onthepremisesofsuchpublic market, at the expense of the owner. 7.15.1. A designated area shall be clearly labeled and readily identifiable for isolationor quarantine of any animal suspect of having a disease. When the area is not being used for isolation or quarantine purposes, it may be utilized as a regular holding pen. 7.16. Swine,responsibilityforpenning,identificationandinspection. -- Apublicmarketshallplaceall swine to be offered for sale for feeding or breeding purposes in swine pens, for identification and inspection bymethodsapprovedbytheCommissioner. Allpensallottedforswinereceived,offered,soldorexposedfor sale for feeding and/or breeding purposes shall be thoroughly cleaned and disinfected after each sale by the public market. 7.17. Reports false and misleading. -- A public market shall not issue or circulate any false or misleading reports, records or representations concerning market conditions or the price of any products. 7.18. Marketresponsibilitytopurchaser. -- Apublicmarketshallberesponsibletothepurchaserofany product until the responsibility for such is signed for by the purchaser or his authorized agent. 7.19. Settlements, based on weights. -- When livestock or live poultry is boughtand/or sold by weight, settlement therefor shall be on the basis of the weight shown on the original scale ticket or corrected scale ticket. Shrinkage deductions in weight of livestock must be shown in writing on all copies of the scale ticket and the consignor's sale invoice. 7.20. Products to be sold on own merits to highest bidder. -- A public market shall offer all products consigned for sale at auction and shall sell such products to the highest bidder. 7.21. Livestock intermingling. -- A public market shall notpen livestock entered or received to be sold for immediate slaughter, with cattle entered or received to be sold for feeding and/or breeding purposes. 7.22. Livestock,conditionof. -- Publicmarketofficialsshallcausetheconditionofanyobviouslysick, injuredorotherwiseunhealthyanimalstobenotedonthescaleticketandsuchconditionmustbeannounced by the auctioneer prior to the sale of such animal. 7.23. Price guarantees prohibited. -- No public market, other than buying stations, in soliciting consignment of products, shall guarantee to the owner or others thereof that such products will be sold at a specific price or prices if consigned to its market. 9 61CSR11 7.24. Marketmanager’swiththeexceptionofbuyingstationowners,areprohibitedfrombuying,selling or trading in livestock in the market. -- A public market shall not permit its manager to engage in buying, selling or otherwise trading in livestock for himself, his agent or partner at said markets. 7.24.1. Licensed weighmen, graders and auctioneers employed as such at a public market shall not buy or trade in agricultural or horticultural products at the public markets at which they are employed as weighmen, graders or auctioneers. 7.24.2. When it appears to the manager of a public market that the product being offered for sale is selling below a reasonable market price, the manager may buy said product in the name of the public market atwhichheisemployed. Heshallhavetherighttosellsuchproductpurchasedbythemarkettoanyoneother than himself, and if there be a loss on the sale of such product, the public market shall absorb such loss. On suchpurchasesandsales,thepublicmarketshallsetupaspecialaccountonwhichallsuchtransactionsareto be recorded, and shall make an itemized report to the commissioner on forms furnished by him, when requested. 7.25. Schedule of rate and charges for Public Markets. Each public market shall file with the Commissioner, a signed copy of all schedules of rates and charges, supplements and amendments thereto. Theschedules,supplementsandamendmentsmustbeconspicuouslypostedforpublicinspectionatthepublic markets and filed with the Commissioner at least ten (10) days before their effective dates. Each schedule, supplementandamendmentshallsetforthitseffectivedate,adescriptionoftheservicesrendered,thepublic marketatwhichitapplies,thenameandaddressofthepublicmarketowner,thekindofproductscoveredby the schedule and any rules and regulations which effect any rate or charge contained therein. 7.25.1. The rate schedule may be based on either a base rate or a percentage rate. The rates for special sales for unusual services, such as are included in purebred or dispersal sales, shall be determined under special arrangements agreed to between the parties priorto such sales. Such tariff rate schedules shall be forwarded to the U.S. Department of Agriculture, Packers and Stockyards Administration for their consideration at least ten (10) days prior to their effective date with a copy of such correspondence provided to the Commissioner. 7.26. Sales, regular and special. -- All public markets shall continue to operate on the same day of the week on which they are holding regular sales as of the effective date of these regulations. A public market desiring to make a change in its regular sale day shall file an application at least sixty (60) days prior to the date of such contemplated change with the Commissioner. A public market shall not advertise and hold special livestock sales on days other than their regular sale day, until such public market has been given permission by the Commissioner to hold such sale. When a public market desires to hold a special sale, it shallmakeapplicationinwritingatleastthirty(30)dayspriortothedateitcontemplatesholdingsuchsale,to the Commissioner, and shall include all information pertaining to the character of the sale. 7.26.1. A public market that discontinues a regular sale day or the operation of the market for a periodoftimeduringtheyearshallnotifytheCommissioner,inwriting,atleastfourteen(14)daysinadvance of such discontinuance, and shall again notify the Commissioner at least fourteen (14) days in advance, in writing, of the scheduled reopening of the market. 7.26.2. Livestock and poultry sold at special sales by public markets are subject to the same health requirements as regular scheduled sales. 10 61CSR11 7.26.3. Salestotallysponsored,organizedandfinancedbytheStateofWestVirginiaorbyanystate, regionalorcountyagriculturalfairorfestival,orbyany4-H,FFAorothereducationalactivityshallfiletheir reasons,inwriting,forexemptionfromthedefinitionofapublicmarketwiththeCommissioneratleastthirty (30) days prior to the event This shall be sent to the West Virginia Department of Agriculture, Executive Division, 1900 Kanawha Boulevard, East, Charleston, WV 25305. 7.26.4. Nonprofitassociations,nonprofitcorporationsandbreedassociationsplanninglivestocksales within the state shall file in writing with the Commissioner annually the place and date of all such sales if an annual event, or at least thirty (30) days prior to the event if it is held irregularly or is being held for the first time. ThisshallbesenttotheWestVirginiaDepartmentofAgriculture,ExecutiveDivision,1900Kanawha Boulevard, East, Charleston, WV 25305. 7.26.5. Nonprofitassociations,nonprofitcorporationsandbreedassociationsplanningsalesinWest Virginia shall file with the Commissioner at least thirty (30) days prior to the sale a bond in the amount no lessthantheaverageofallotherpublicmarketsthathavebeeninoperationmorethantwelve(12)monthsor shallfileacertifiedcopyofthebylawsofthecorporationorassociationwiththeCommissioneradvisinghim that the members offering stock at the sale shall bear any loss in proportion to the total value of such stock being sold at such sale. This shall be sent to the West Virginia Department of Agriculture, Executive Division, 1900 Kanawha Boulevard, East, Charleston, WV 25305. 7.26.6. At the conclusion of each nonprofit association, nonprofit corporation or breed association sale, each organization conducting such sale shall certify to the Commissioner in writing that only active members in good standing sold livestock at such sale. Such reports must state that all proceeds due consignorshavebeenpaidinfull. Anydeficienciesinpaymentfrompurchasesmustbereportedimmediately totheCommissionerandshallincludethename,addressandphonenumberofsuchpurchaserandtheamount of the deficiency. This shall be sent to the West Virginia Department of Agriculture, Executive Division, 1900 Kanawha Boulevard, East, Charleston, WV 25305. 7.27. Clerkshallrecordpriceandpurchaser. -- Apublicmarketclerkshallrecordthenameofthebuyer and the price at which agricultural or horticultural products are sold as announced by the auctioneer. 7.28. Pursuant to §61-11B, a farmer may hold one auction in a 12 month period on their own farm for their own livestock without holding an auctioneer license. 11 61CSR11 Title 61-11 APPENDIX A SCALE TICKET (Printed) (Printed) (No. Serially) (Name of Market)Public Market _________19__ Received from ________________ Address_______________ ___________________________________________ HOGS CATTLE CALVES LAMBS SHEEP HORSES POULTRY Tag and/or Mark________________ Pen. No_______________ Buyer______________________ Price_______________ Remarks_________________ Amount__________________ Weighman__________________________ 12 61CSR11 13