40-15A-5. Bond required of dealer, packer or packer buyer--Proof of bond filed under federal law--Exemption for employees of bonded packers--Board as obligee--Promulgation of rules--Violation as misdemeanor.

Every livestock dealer, packer or packer buyer applying for a license under this chapter shall file with the animal industry board and maintain a fully executed duplicate of a valid and effective bond in the form and amount to be determined by the board. If the livestock dealer, packer, or packer buyer is registered and bonded under the provisions of an act of Congress cited as the "Packers and Stockyards Act, 1921," adopted August 15, 1921, as amended to January 1, 2002, and codified at 7 U.S.C. Chapter 9, the livestock dealer, packer, or packer buyer shall file a statement in the form prescribed by the board evidencing that the livestock dealer, packer, or packer buyer is maintaining a valid and effective bond or its equivalent under said act. If a packer buyer is in full-time employ of a packer bonded under this section, the packer buyer need not be bonded. The bond shall be for the benefit of all persons sustaining a loss which may be covered by the obligation of the bond. The obligee of the bond shall be the Animal Industry Board with the executive secretary of the board as trustee, with full power and authority to consider claims and pay valid claims from bond proceeds subject to applicable federal law. The Animal Industry Board may promulgate rules, pursuant to chapter 1-26, to establish procedures for the consideration, processing, and payment of claims from bond proceeds in accordance with this section. Any livestock dealer, packer, or packer buyer in violation of this section is guilty of a Class 1 misdemeanor.

Source: SL 1972, ch 221, § 10; SL 1975, ch 259, § 3; SL 1990, ch 325, § 280; SL 2002, ch 191, § 6.