Wash. Rev. Code § 16.65.005
Purpose
The purpose of this chapter is to ensure the orderly marketing of livestock, to ensure the financial stability of public livestock markets, and to protect persons who consign livestock to markets and sales.
Revised Code of Washington Chapter 16.65 — Public Livestock Markets
Washington · statute · Wash. Rev. Code ch. 16.65 · 52 active provisions
Wash. Rev. Code § 16.65.010
Definitions
For the purposes of this chapter:(1) The term "public livestock market" means any place, establishment or facility commonly known as a "public livestock market", "livestock auction market", "livestock sales ring", yards selling on commission, or the like, conducted or operated for compensation or profit as a public liv…
Wash. Rev. Code § 16.65.015
Application of chapter—Exceptions
(1) Except under subsection (2) of this section, this chapter does not apply to:(a) A farmer selling his or her own livestock.(b) A farmers' cooperative association or an association of livestock breeders when any class of their own livestock is assembled and offered for sale at a special sale under the association's m…
Wash. Rev. Code § 16.65.020
Supervision of markets and special open consignment horse sales—Rules—Interference with director's duties
Public livestock markets and special open consignment horse sales shall be under the direction and supervision of the director, and the director may adopt those rules as are necessary to carry out the purpose of this chapter. It shall be the duty of the director to enforce and carry out the provisions of this chapter a…
Wash. Rev. Code § 16.65.030
Public livestock market license—Application—Contents—Fee—Public hearing
(1) No person shall operate a public livestock market without first having obtained a license from the director. Application for a license shall be in writing on forms prescribed by the director, and shall include the following:(a) A nonrefundable original license application fee of two thousand dollars.(b) A legal des…
Wash. Rev. Code § 16.65.037
License—Restrictions—Fees
(1) Any license issued under the provisions of this chapter shall only be valid at the location and for the sales day or days for which the license was issued.(2) The license fee shall be based on the average gross sales volume per official sales day of a market in the previous twelve months or, for a new market, the p…
Wash. Rev. Code § 16.65.040
Public livestock market license—Expiration—Renewal—Penalty
(1) All public livestock market licenses provided for in this chapter expire on March 1st subsequent to the date of issue.(2) Application for renewal of a public livestock market license shall be in writing on forms prescribed by the director, and shall include:(a) All information under RCW 16.65.030(1) (d), (e), and (…
Wash. Rev. Code § 16.65.042
Special open consignment horse sale license required—Application—Fee—Where and when valid
(1) A person shall not operate a special open consignment horse sale without first obtaining a license from the director. The application for the license shall include:(a) The schedule of rates and charges the applicant proposes to impose on the owners of horses for services rendered in the operation of the horse sale;…
Wash. Rev. Code § 16.65.044
Public livestock market—Open consignment horse sale—Consignor's name
It is lawful for the operator of a public livestock market or an open consignment horse sale, upon receiving a request to do so, to allow the announcement of the correct and accurate name of the consignor of any cattle or horses being presented for sale to potential buyers.
Wash. Rev. Code § 16.65.050
Disposition of fees
All fees provided for under this chapter shall be deposited in an account in the agricultural local fund and used for enforcing and carrying out the purpose and provisions of this chapter and chapter 16.57 RCW.
Wash. Rev. Code § 16.65.060
License to be posted
The licensee's license shall be posted conspicuously in the main office of such licensee's public livestock market or special open consignment horse sale.
Wash. Rev. Code § 16.65.080
Denial, suspension, revocation of license—Reasons—Hearing
(1) The director may deny, suspend, or revoke a license when the director finds that a licensee (a) has misrepresented titles, charges, numbers, brands, weights, proceeds of sale, or ownership of livestock; (b) has attempted payment to a consignor or the department by a check the licensee knows not to be backed by suff…
Wash. Rev. Code § 16.65.090
Livestock inspection—Consignor's fee—Inspection fee—Call out fee. (Effective until July 1, 2030.)
When livestock inspection is required the licensee shall collect from the consignor and pay to the department an inspection fee, as provided by law, for each animal inspected. However, if in any one sale day the total fees collected for inspection do not exceed $150, then the licensee shall pay $150 for the inspection…
Wash. Rev. Code § 16.65.100
Livestock inspection—Purchaser's fee
The licensee of each public livestock market or special open consignment horse sale shall collect from any purchaser of livestock requesting inspection a fee as provided by law for each animal inspected. This fee shall be in addition to the fee charged to the consignor for inspection and shall not apply to the minimum…
Wash. Rev. Code § 16.65.120
Disposition of proceeds of sale—Limitations on licensee
A licensee shall not, except as provided in this chapter, pay the net proceeds or any part thereof arising from the sale of livestock consigned to the said licensee for sale, to any person other than the consignor of such livestock except upon an order from a court of competent jurisdiction, unless (1) such licensee ha…
Wash. Rev. Code § 16.65.130
Unlawful use of consignor's net proceeds
It shall be unlawful for the licensee to use for his or her own purposes consignor's net proceeds, or funds received by such licensee to purchase livestock on order, through recourse to the so-called "float" in the bank account, or in any other manner.
Wash. Rev. Code § 16.65.140
Custodial account for consignor's proceeds—Authorized withdrawals—Accounts and records
Each licensee shall establish a custodial account for consignor's proceeds. All funds derived from the sale of livestock handled on a commission or agency basis shall be deposited in that account. The account shall be drawn on only for the payment of net proceeds to the consignor, or other person or persons of whom the…
Wash. Rev. Code § 16.65.150
Penalty for failure to disclose unsatisfied lien, mortgage
The delivery of livestock, for the purpose of sale, by any consignor or vendor to a public livestock market or special open consignment horse sale without making a full disclosure to the agent or licensee of such public livestock market or special open consignment horse sale of any unsatisfied lien or mortgage upon suc…
Wash. Rev. Code § 16.65.160
Delivery of proceeds and invoice to consignor or shipper
The licensee shall deliver the net proceeds together with an invoice to the consignor or shipper within twenty-four hours after the sale or by the end of the next business day if the licensee is not on notice that any other person or persons have a valid interest in the livestock.
Wash. Rev. Code § 16.65.170
Records of licensee—Contents
The licensee shall keep accurate records which shall be available for inspection to all parties directly interested therein, and the records shall contain the following information:(1) The date on which each consignment of livestock was received and sold.(2) The name and address of the buyer and seller of the livestock…
Wash. Rev. Code § 16.65.180
Unjust, unreasonable, discriminatory rates or charges prohibited
All rates or charges made for any stockyard services furnished at a public livestock market or special open consignment horse sale shall be just, reasonable, and nondiscriminatory, and any unjust, unreasonable, or discriminatory rate or charge is prohibited and declared to be unlawful.
Wash. Rev. Code § 16.65.190
Schedule of rates and charges
No person shall operate a public livestock market or special open consignment horse sale unless that person has filed a schedule with the application for license to operate a public livestock market or special open consignment horse sale. The schedule shall show all rates and charges for stockyard services to be furnis…
Wash. Rev. Code § 16.65.200
Licensee's bond to operate market or special open consignment horse sale
Before the license is issued to operate a public livestock market or special open consignment horse sale, the applicant shall execute and deliver to the director a surety bond in a sum as herein provided for, executed by the applicant as principal and by a surety company qualified and authorized to do business in this…
Wash. Rev. Code § 16.65.210
Licensee's bond to operate market—Amount determined by prior business operations—Minimum amount
The sum of the bond to be executed by an applicant for a public livestock market license shall be determined in the following manner:(1) Determine the dollar volume of business carried on, at, or through, such applicant's public livestock market in the twelve-month period prior to such applicant's application for a lic…
Wash. Rev. Code § 16.65.220
Licensee's bond to operate market—Amount when no prior business operations—Minimum and maximum amount
If the application for a license to operate a public livestock market is from a new public livestock market which has not operated in the past twelve-month period, the director shall determine a bond, in a reasonable sum, that the applicant shall execute in favor of the state, which shall not be less than ten thousand…
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