In this subtitle the following words have the meanings indicated. “Livestock” means cattle, swine, sheep, horses, asses, mules, or goats notwithstanding any other provision of this article. “Livestock dealer” means any person who engages in the business of selling, buying, exchanging, or transferring livestock at any place and at any time. “Livestock market” means an established location where livestock are offered for sale. “3–D livestock” means livestock that is unable to rise even with assistance (a “downer”), is debilitated, or is diseased. “Trucker or hauler” means a person who engages in the business of transporting livestock in trucks or other conveyances to or from a farm, a livestock auction, sales agency, or dealer’s premises.

The license fees received by the Secretary pursuant to § 3–303 of this subtitle constitute a fund to defray partially expenses incurred in administering this subtitle.

No person may be a livestock dealer without first obtaining an annual livestock dealer’s license from the Secretary. No person may operate a livestock market without first obtaining an annual livestock market license from the Secretary for each market he operates. An agent of a person who possesses a livestock dealer’s license is not required to obtain a livestock dealer’s license. A dealer who possesses a livestock market license is not required to obtain a dealer’s license if he sells livestock only at the licensed livestock market. Each license shall be issued upon payment of a $50 fee and shall be effective until June 30, following, unless revoked. The Secretary shall issue an identification card to each licensee and his agent who shall carry it on his person. The licensee or agent shall display the license at each place of business.

The Secretary may refuse to issue a license or may suspend or revoke a license on any of the following grounds: Fraudulent or deceptive statement on an application for a license; Conviction of a violation of any of the provisions of this subtitle or the rules or regulations adopted pursuant to it; or Frequent or numerous violations of departmental rules and regulations.

Each licensed livestock market operator and licensed livestock dealer shall maintain a record covering all animals received and disposed of by him or his agents. The record shall include date of receipt, date of sale, and name and address of consignor and purchaser. Each animal shall be identified by any of the following (1) by a metal ear tag number, tattoo number, purebred name and registry number, or horn or hoof brand number, or any other method approved by the Secretary, and (2) by breed, sex, age, approximate weight, and health status. The record also shall show the purpose for which the animals are consigned, that is, whether for breeding, feeding, grazing, or milk production. Every record shall be retained for three years. Individual identification is not required for (1) steers, (2) spayed heifers, or (3) calves under eight months of age of beef type for feeding and grazing purposes.

Every owner or consignor shall furnish the trucker or hauler of animals being moved to a farm or to sale with a health certificate or a declaration giving the name and address of the owner or consignor of the animals and the name and address of the consignee. Each trucker or hauler shall ensure that the operator of the truck or other vehicle possesses the appropriate health certificate or declaration for each animal. Any consignment of animals not accompanied by the appropriate health certificate or declaration may be quarantined.

The Secretary may adopt regulations: Establishing standards of sanitation and sanitary practices to be observed on all premises used by any person licensed pursuant to this subtitle; and Governing the humane treatment of 3-D livestock at a livestock auction.

The provisions of this subtitle do not apply to the following: Any person who by dispersal sale is permanently discontinuing the business of dairying, breeding, raising, or feeding animals. The part of the business of a farmer which consists of buying and receiving animals for grazing and feeding purposes and the sale or disposal of these animals after the grazing and feeding period. The sale by a farmer of any breeding, surplus, or unprofitable animal owned by him. The private sale, exchange, or transportation of any equine.

Any State’s Attorney to whom any violation is reported shall institute appropriate judicial proceedings without delay. Before the Secretary reports a violation for prosecution, the person against whom proceedings are contemplated shall be given the opportunity to present his view.

Notwithstanding the existence of other remedies at law, the Secretary may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of this subtitle or any rule or regulation adopted pursuant to it. The injunction shall be issued without bond.