47-1001. Definitions.

47-1001

Chapter 47.--LIVESTOCK AND DOMESTIC ANIMALS
Article 10.--PUBLIC LIVESTOCK MARKETS

      47-1001.   Definitions.As used in this act, except where the context clearly indicates adifferent meaning:

      (a)   "Commissioner" means the livestock commissioner of thestate of Kansas.

      (b)   "Livestock" means and includes cattle, swine, sheep,goats, horses, mules, domesticated deer, all creatures of theratite family that are not indigenous to this state, including but not limitedto ostriches, emus and rheas, and any other animalas deemed necessary by thecommissioner established through rules and regulations.

      (c)   "Person" means and includes any individual,partnership, corporation or association.

      (d)   "Producer" means any person engaged in the business ofbreeding, grazing or feeding livestock.

      (e)   "Consignor" means any person who ships or deliversto any public livestock market livestock for handling, sale or resale at apublic livestock market.

      (f)   "Public livestock market" means any place,establishment or facility commonly known as a "livestock market,""livestock auction market," "sales ring," "stockyard," "community sale" assuch term is used in article 10 of chapter 47 of the Kansas StatutesAnnotated, which includes any business conducted or operated forcompensation or profit as a public market for livestock, consisting ofpens, or other enclosures, and their appurtenances, in which livestock arereceived, held, sold or kept for sale or shipmentexcept that this term shall not apply to any livestock market wherefederal veterinary inspection is regularly maintained.

      (g)   "Public livestock market operator" means any personwho, in this state, receives on consignment, or solicits from the produceror consignor thereof, or holds in trust or custody for another, anylivestock for saleor exchange, on behalf of such producer or consignor at a public livestockmarket, or sells, or offer for sale, at a publiclivestock market, for the account of the producer or consignor thereof, anylivestock or directly or indirectlyowns, conducts or operates a public livestock market. The term "publiclivestock market operator" shall not beconstrued to include any packer or agent of a packer who receives orpurchases livestock for prompt slaughter.

      (h)   "Packer" means any person engaged in the business ofbuying livestock for purposes of slaughter, or of manufacturing orpreparing meats or meat food products for sale or shipment, or ofmanufacturing or preparing livestock products for sale or shipment, or ofmarketing meats, meat food products, livestock products, dairy products,poultry or poultry products.

      (i)   "Board" means any three members ofthe Kansas animal health board designated bythe chairperson of theKansas animal health board for each particular hearing. The chairpersonmay be included in such designation.

      (j)   "Dealer" as used in article 10 of chapter 47of the Kansas Statutes Annotated, to which this act is amendatory andsupplemental, shall have the same meaning as the term "public livestock marketoperator."

      (k)   "Domesticated deer" means any member of the family cervidae which waslegally obtained and isbeingsold or raised in a confined area for breeding stock; for any carcass, skin orpart of such animal; for exhibition; or for companionship.

      (l)   "Occasional livestock sale" means livestock auctions or sales, thatreceive on consignment, or solicits from the producer or consignor thereof, orholds in trust or custody for another, any livestock for sale or exchange, onbehalf of such producer or consignor at such auction or sale, or sells, oroffers for sale, at such auction or sale, for the account of the producer orconsignor thereof, any livestock or directly or indirectly owns, conducts oroperates such auction or sale and such auctions or salesare held 12 or less times per year.

      (m)   "Electronic auction" means a live audio-visual broadcast of an actualauction where livestock are offered for sale and shall include auctionsconducted by satellite communications and over the internet.

      History:   L. 1937, ch. 262, § 1;L. 1939, ch. 224, § 1;L. 1965, ch. 333, § 1;L. 1989, ch. 156, § 51;L. 1992, ch. 100, § 3;L. 1993, ch. 143, § 5;L. 1994, ch. 79, § 5;L. 1996, ch. 133, § 1;L. 2000, ch. 111, § 6; July 1.