75-27-201 - Unlawful to sell or purchase livestock by weight except where weighed by licensed or registered weigher; exceptions.
§ 75-27-201. Unlawful to sell or purchase livestock by weight except where weighed by licensed or registered weigher; exceptions.
If shall be unlawful for any person, firm or corporation or an agent thereof, or person acting therefor, to be engaged in whole or in part:
(a) In the business of operating a packing house where livestock is purchased by weight, or
(b) In the business of selling livestock by auction, or otherwise, for others by weight, or
(c) In the business of selling livestock by weight on a commission basis, fee or for other compensation, or
(d) To thus sell, buy, dispose of, trade, offer for sale, or cause or permit to be sold, disposed of or offered for sale, any livestock, by weight, unless such animals are first weighed by a licensed and bonded weigher, or a weigher registered under the Federal Packers and Stockyards Act of 1921, as amended, on a scale, or other weighing device, tested and approved by the state commissioner of agriculture and commerce. Each separate location where any of the businesses heretofore described are carried on shall be considered a separate business within the meaning of the provisions of this article even though all of such separate operations are owned by and under the control of the same person, firm or corporation. Provided, however, this article does not apply to bona fide farmers who trade livestock between themselves or who make purchases or sales. Provided, further that this article shall not apply to cold storage plants, pork processing, or local community slaughterers of livestock for retail. It shall be the responsibility of the owner or operator of such business to see that all scales and equipment used are maintained in good and accurate condition.
Sources: Codes, 1942, § 5145.5-01; Laws, 1956, ch. 138, § 1; Laws, 1958, ch. 154, § 1; Laws, 1962, ch. 172, § 1, eff from and after passage (approved June 1, 1962).