Minn. Stat. § 17A.01
Citation
This chapter may be cited as the Minnesota Livestock Market Agency and Dealer Licensing Act.
Minnesota Statutes Chapter 17A — Livestock Market Agency and Dealer Licensing
Minnesota · statute · Minn. Stat. ch. 17A · 20 active provisions
Minn. Stat. § 17A.02
Purpose
This chapter establishes jurisdiction and authority with the commissioner of agriculture over livestock marketing by requiring financial responsibility and fair trade practices for the benefit and protection of farmers, livestock producers, marketing agencies, dealers, any business entity engaged in the marketing proce…
Minn. Stat. § 17A.03
Definitions
Subdivision 1. Scope. As used in this chapter, the terms defined in this section have the meanings given them. Subd. 2. Department. "Department" means the Minnesota Department of Agriculture. Subd. 3. Commissioner. "Commissioner" means the commissioner of agriculture or the commissioner's representative. Subd. 4. [Repe…
Minn. Stat. § 17A.036
Custodial Account for Shippers Proceeds
Every market agency engaged in selling livestock on a commission or agency basis in this state shall establish and maintain a separate bank account designated as "custodial account for shippers proceeds."
Minn. Stat. § 17A.04
Licenses
Subdivision 1. Licensing provisions. (a) Licenses shall be issued to livestock market agencies and public stockyards annually and shall expire on December 31 each year, renewable annually thereafter. A separate license must be obtained for each separate geographical location even though operated under the same manageme…
Minn. Stat. § 17A.05
Amount of Bonds
Subdivision 1. Livestock market agencies. The amount of each livestock market agency bond filed with the commissioner shall be not less than $10,000 or such larger amount as required, based on the commissioner's consideration of the principal's financial statement, the volume of business reported, or any other factor t…
Minn. Stat. § 17A.06
Claims Against Bonds
Subdivision 1. Filing of claims. Any person claiming to be damaged by any breach of the conditions of a bond given by a licensee may enter complaint thereof to the commissioner, which complaint shall be a written statement of the facts constituting the complaint, accompanied by documentary proof of the claim against th…
Minn. Stat. § 17A.07
Prohibited Conduct
It shall be unlawful for any person to: (1) carry on the business of a livestock market agency, livestock dealer, livestock dealer agent, meat packing company, meat packing company agent, or public stockyard without a valid and effective license issued by the commissioner under the provisions of section 17A.04; (2) car…
Minn. Stat. § 17A.08
Record Keeping
Every person shall make and retain such accounts, records, and memoranda necessary to fully and correctly disclose all transactions involved in the person's business, including the true ownership of such business by stockholding or otherwise. Whenever the commissioner finds that the accounts, records, and memoranda of…
Minn. Stat. § 17A.09
Feeder Pig Markets
The commissioner may, by rules promulgated in accordance with sections 14.05 to 14.28, establish requirements for record making and retention, of livestock purchases and sales by operators of feeder pig markets, as the commissioner deems necessary to protect the public.
Minn. Stat. § 17A.10
Livestock Scales and Weighing
Subdivision 1. Commercial livestock scales. All livestock scales and monorail scales used for the purpose of buying or selling livestock or livestock carcasses within the state must meet the construction, maintenance, testing, and certification requirements of the Division of Weights and Measures of the Department of C…
Minn. Stat. § 17A.11
Fees for Livestock Weighing
The commissioner shall prescribe the fee necessary to cover the cost of state weighing, to be assessed and collected from the seller in the manner the commissioner may prescribe. The fee assessed must be the same, and the manner of collection of the fee must be uniform at all facilities. At any location where state wei…
Minn. Stat. § 17A.12
Weighmaster Qualifications
No state livestock weighmaster shall, during the weighmaster's term of service, be in any manner financially interested in the handling, shipping, purchase, or sale of livestock or in the employment of any person engaged therein.
Minn. Stat. § 17A.13
Gross Misdemeanors
Any weigher who shall knowingly or carelessly weigh any livestock improperly, or give any false certificate of weight, or accept money or other consideration directly or indirectly for any neglect or improper performance of duty, or who shall be guilty of any neglect of duty, and any person who shall improperly influen…
Minn. Stat. § 17A.14
Penalties
Subdivision 1. Criminal penalties. Any person, duly licensed or otherwise, who violates this chapter, for which violation a penalty has not been specifically set out, is guilty of a misdemeanor. Any subsequent violation is a gross misdemeanor. Subd. 2. Civil penalties. (a) The commissioner, as an alternate to misdemean…
Minn. Stat. § 17A.145
Civil Penalty Procedures
Subdivision 1. Citation. If the commissioner believes that a person has violated this chapter or a rule or order adopted under this chapter, the commissioner shall issue a written citation to the person by personal service or by certified mail. The citation must describe with particularity the nature of the violation,…
Minn. Stat. § 17A.15
Powers and Duties of Commissioner
The commissioner shall enforce the provisions of this chapter and shall promulgate, in the manner provided by law, such rules as the commissioner deems necessary or desirable, and may cooperate with any department of state or government, to carry out the provisions of sections 17A.01 to 17A.15. The commissioner or a du…
Minn. Stat. § 17A.151
Duty to Prosecute
It is the duty of each county attorney or city attorney to whom the commissioner reports a violation of this chapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before a violation of this chapter is reported to a county attorne…
Minn. Stat. § 17A.16
Injunctive Remedy
The operation of a livestock market agency or the buying or selling of livestock as a dealer by a person not licensed and bonded as required by this chapter may be enjoined by the district court on petition from the commissioner upon a showing that a person is engaged in the business of a livestock market agency or liv…
Minn. Stat. § 17A.17
Audit by Department
The department may audit records, including incoming purchase records of a livestock packer and shipping weights or transfer of weight invoices, in order to ensure there are no weight discrepancies in hot weight or grade and yield transactions.