# Title 48.1 — State Board of Animal Health

## Article 48.1-02 — Auction Markets

## Chapter 48.1-02-01 — Auction Markets

Hauling Diseased Animals at Auction Markets
### § 48.1-02-01-01. Auction markets - Definition.

Auction market means any licensed livestock market, public stockyard, and animal auction sale.
Auction markets shall comply with this chapter. A producer on that producer's property, selling animals,
other than farmed elk, owned by that producer is exempt from this chapter.
History: Effective July 1, 2016.
General Authority: NDCC 4.1-27-14
Law Implemented: NDCC 4.1-27-10
### § 48.1-02-01-02. Testing and inspections.

Auction market operators shall employ a licensed accredited veterinarian as the veterinary
inspector for the auction market for required inspection, testing, and vaccination. The veterinary
inspector shall act as an authorized agent of the board to enforce inspection laws and regulations.
1. Animals rejected by the veterinary inspector must be consigned direct for slaughter to an
inspected establishment. A report of sales must be furnished by sale management upon
request of the state veterinarian.
2. The state veterinarian may order unfit animals to return to the farm of origin.
History: Effective July 1, 2016.
General Authority: NDCC 4.1-27-14
Law Implemented: NDCC 4.1-27-14
### § 48.1-02-01-03. Diseased animals at auction markets.

Auction markets shall set aside paved pens for diseased animals delivered to the market.
Diseased animals must be marked in a manner approved by the state veterinarian and sold directly
to slaughter facilities. The official permit of the United States department of agriculture for
movement of diseased animals must accompany shipment of diseased animals from market to
slaughter.
History: Effective July 1, 2016.

General Authority: NDCC 36-01-08
Law Implemented: NDCC 4.1-27-10
### § 48.1-02-01-04. Pens.

Auction markets must be maintained in sanitary condition.
1. Three-inch [7.62-centimeter] concrete floors are required for all hog pens and alleys and must
be cleaned and disinfected periodically as may be prescribed by the board.
2. All cattle alleys and seventy-five percent of the total yard area used for cattle in auction
markets must be paved with concrete, so constructed as to ensure proper drainage and
disinfection.
History: Effective July 1, 2016.
General Authority: NDCC 36-01-08
Law Implemented: NDCC 4.1-27-10
### § 48.1-02-01-05. Cleaning and disinfection of trucks, trailers, and other conveyances used for

hauling diseased animals to auction markets.
Persons hauling diseased animals to auction markets shall clean and disinfect trucks by a method
approved by the state veterinarian before leaving auction markets.
History: Effective July 1, 2016.
General Authority: NDCC 36-01-08
Law Implemented: NDCC 36-01-08
### § 48.1-02-01-06. Auction market facilities.

Licensed auction markets shall provide and maintain adequate facilities that are safe, sanitary, and
in good condition and that adequately allow brand inspectors and veterinary inspectors to perform their
required duties.
History: Effective July 1, 2016.
General Authority: NDCC 36-01-08
Law Implemented: NDCC 4.1-27-10, 4.1-27-14
### § 48.1-02-01-07. Fees.

Auction market operators may levy a charge on purchasers of animals for use of testing or
vaccination facilities or labor furnished to assist the veterinary inspector. The rate of the charge must be
posted in a conspicuous place on the premises. The charge must be kept separate from and not
included in veterinary fees.
History: Effective July 1, 2016.
General Authority: NDCC 4.1-27-16
Law Implemented: NDCC 4.1-27-16
### § 48.1-02-01-08. Farmed elk auction.

A farmed elk auction permit is required to conduct auctions where farmed elk are offered for sale or
trade.
1. The application for an auction permit must be submitted to the board at least thirty days prior
to the date of auction.
2. Once issued, the permit is valid for that date and an alternate date.

a. Information concerning reporting requirements, disease testing, certificates of veterinary
inspection, and animal welfare must be clearly stated in the auction announcement.
b. All potential buyers and sellers shall register at the auction and provide their name,
address, and phone number. An accredited veterinarian shall be available during the
auction.
c. Animals unfit for sale as defined in North Dakota Century Code section 36-05-10.1 must
receive veterinary care and may not be offered for sale.
d. Access to the auction ground must be controlled at all times. All animals must be
checked in and out by auction personnel.
3. The auction sale permit holder shall notify the board within twenty-four hours of any
unexplained diseases or deaths that occur in farmed elk while on the permitholder's premises.
4. The auction sale permitholder shall submit to the board records from the sale within thirty days
after the sale. Any documents required by the board must be provided.
History: Effective July 1, 2016.
General Authority: NDCC 36-25-02
Law Implemented: NDCC 36-25-02
### § 48.1-02-01-09. Nontraditional livestock category 2 and category 3 auction.

1. Sales of category 2 and category 3 nontraditional livestock, as defined in section
48.1-09-01-02, conducted through a process in which they are held out for sale to the public,
through auction, bidding, or otherwise published or announced for sale, require a
nontraditional livestock auction permit, and veterinary inspection of animals. All nontraditional
livestock are subject to all other regulations while in the state.
2. The application for an auction permit must be submitted to the board at least thirty days prior
to the date of auction. Once issued, the permit is valid for that event only.
3. Immediately prior to the beginning of the auction of a nontraditional livestock animal,
information concerning requirements for nontraditional livestock license, disease testing, and
certificates of veterinary inspection, must be provided by sales management to potential
buyers.
4. All potential buyers and sellers shall register at the auction and provide nontraditional livestock
license numbers, if applicable.
a. A ten-day grace period, in which to apply for a license, may be granted to purchasers of
category 2 animals provided adequate facilities are available to house the animals.
b. Purchasers of category 3 animals shall have a current nontraditional livestock license for
that species in place prior to taking possession of category 3 animals.
5. The nontraditional livestock auction permitholder shall ensure that an accredited veterinarian,
licensed in the state, is available during the permitted nontraditional livestock auction sale.
a. The accredited veterinarian shall inspect the animals prior to sale on the day of sale.
b. Nontraditional livestock unfit for sale, as determined by the veterinarian, may not be
accepted for sale or trade.
6. Auction sale operators shall submit records on all animals consigned for the auction to the
board as specified in the auction permit within ten days of the date of the auction.

7. Facilities and records may be inspected by the board or its agent during standard working
hours. Any documents required by the board must be provided.
8. A nontraditional livestock private treaty sale, that does not meet the above criteria, is exempt
from the requirements of this chapter. However, prior to a private treaty sale of nontraditional
livestock, the seller shall notify the buyer if a North Dakota nontraditional license is required.
9. Private sales or exchanges on the auction grounds on the dates of auction are prohibited.
10. The board of animal health may deny a nontraditional livestock auction permit to individuals
who have failed to comply with health and recordkeeping sale requirements.
History: Effective July 1, 2016; amended effective July 1, 2024.
General Authority: NDCC 36-01-08
Law Implemented: NDCC 36-01-08, 36-01-12
