SECTION 49.3. Requirements for Dealer Recordkeeping

(a) A dealer is defined as a person engaged in the business of buying or selling animals in commerce:

(1) On the person's own account;

(2) As an employee or agent of the vendor, the purchaser, or both; or

(3) On a commission basis.

(b) A dealer as defined in subsection (a) of this section does not include a person who buys or sells animals as part of the person's bona fide breeding, feeding or stocker operations, but does include livestock markets and commission merchants.

(c) Any dealer must maintain records of equine purchased and sold. Such records shall show the buyer's and seller's name and address, county of origin, number of animals, and a description of each animal, including sex, age, color and color markings, registration number, if any, and any individual identification such as tattoo, brand, or microchip number. Records at auctions and commission firms shall show the delivery vehicle license number. All dealer records must be maintained for a minimum of two years after the date of the transaction.

(d) Slaughter buyers. A slaughter buyer is someone who buys an equine on their own account, as an employee or agent of a slaughter facility, or on a commission basis for the purpose of being slaughtered. A slaughter buyer must maintain records required under subsection (c) of this section, which includes the VS Form 1-27 permit number and the name of the person who issued it.

Source Note: The provisions of this §49.3 adopted to be effective January 1, 1997, 21 TexReg 5687; amended to be effective June 11, 2000, 25 TexReg 5329