.03 Responsibility of Livestock Market Operators.

A. An operator of a livestock market:

(1) Shall provide humane treatment of livestock in its custody;

(2) May not accept downers for sale at its market;

(3) In the case of livestock that become downers after acceptance for sale at the market, shall:

(a) Provide the needed equipment for handling, moving, and, if necessary, euthanizing these animals,

(b) Identify and mark the livestock in a distinctive manner,

(c) Separate and separately pen the livestock from healthy animals, and

(d) Notify the Department that an animal has become a downer; and

(4) Shall properly dispose of all animals that die or are euthanized after acceptance into the market.

B. The operator of a livestock market is permitted to offer or sell 3-D livestock only to a slaughtering establishment for immediate slaughter.

C. At the close of a livestock sale, if any downers remain unsold, the market operator immediately shall:

(1) Euthanize the livestock as provided under 9 CFR 313; or

(2) Place them in the care of a licensed veterinarian.