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19-9-1 Definitions.
The following words, as used in this article, or in any rule or regulation authorized
thereunder, unless the context otherwise requires or a different meaning is specifically
prescribed, shall have the following meanings:
(a) "Commissioner," the state commissioner of agriculture;
(b) "Animal," any domestic equine or bovine animal, sheep, goat, swine, dog, cat or poultry;
(c) "Owner," any person who owns, leases or hires any domestic animal from another, or who allows a domestic animal habitually to remain about the premises inhabited by such person;
(d) "Premises," is to be taken in its widest sense, and shall include land, any structure, building, pen, coop or inclosure thereon, and any vehicle, car or vessel used in transporting passengers, goods or animals by land or water;
(e) "Communicable disease," actinobacillosis, actinomycosis, anaplasmosis, anthrax, apthous fever (foot-and-mouth disease), aujesky's disease (mad itch), bacillary hemoglobinuria, blackleg, brucellosis (cattle, swine and goats), contagious ecthyma (sheep sore mouth), contagious pleuropneumonia, dourine (horses), encephalomyelitis, equine encephalomyelitis, erysipelas (swine), glanders, hemorrhagic enteritis in swine, hemorrhagic septicemia (shipping fever), hog cholera, influenza (horses and swine), infectious equine anemia, infectious keratitis, Johne's disease (paratuberculosis in cattle), laryngo tracheities (poultry), leptospirosis, listerellosis, malignant oedema, necrobacillosis, newcastle disease (avian pneumonencephalitis), psittacosis, pullorum disease, pox (chicken, cow, swine and horse), Q fever, rabies, rinderpest, Rocky Mountain spotted fever (in rodents and dogs), samonellosis, scabies (mange -- in all species), tick fever, tularemia, trichinosis, trichomoniasis, tuberculosis, vesicular exanthema (swine), vesicular stomatitis, vibrio foetus, X-disease (hyperkeratosis), or any other disease which has been or may hereafter be adjudged and proclaimed by the commissioner or the bureau of animal industry of the United States department of agriculture to be contagious, infectious or otherwise transmissible or communicable.
19-9-2 Duties and powers of commissioner.
It shall be the duty of the commissioner, and he shall have authority:
(a) To prevent, suppress, control and eradicate any communicable diseases of animals or poultry;
(b) To make and enforce such rules and regulations as may be necessary to effectuate the provisions of this article;
(c) To collect and disseminate information and statistics by means of circulars and bulletins on the prevalence and control of animal and poultry diseases and their treatment, the proper care and sanitation of stables and other buildings, so as to prevent the existence and spread of communicable diseases among such animals and poultry, and such other information relative thereto as will be of value to the stock industry of the State;
(d) To make or cause to be made any investigations he may deem advisable regarding the causes and methods of preventing, controlling and eradicating diseases of animals or poultry, and exercise such other powers and perform such other duties as may be proper or necessary to prevent the spread of, eradicate or control any communicable disease among animals or poultry, including the power to promulgate, issue, and enforce regulations prohibiting the feeding of garbage to swine unless said garbage has been thoroughly heated to a temperature of at least 212 F. for at least thirty minutes or treated in some other manner equally effective for the prevention of swine diseases and the protection of public health, such regulations not to apply to any individual who feeds only his own household garbage to swine which are raised for such individual's own use;
(e) To prohibit the importation into this State of animals and poultry, when necessary to prevent the spread of disease;
(f) To cause general or special quarantine of premises and of animals and poultry to be established and maintained;
(g) To cause the disinfection of any premises;
(h) To cause the destruction of diseased animals, when such animals are deemed diseased as a result of physical examination or an approved test, and of infected personal property, and to regulate and prohibit the moving or transportation of such animals or property from one place to another in this State;
(i) To have charge of the enforcement of the provisions of this article and the laws of the State relating to diseases of animals and poultry, and the manufacture, preparation, storage, sale and offering for sale of the food and food products derived from diseased animals and poultry.
19-9-3 Consulting veterinarians to assist commissioner.
The commissioner shall have authority to appoint, subject to dismissal by him at any time
such consulting veterinarians as may be necessary from time to time to assist him in
discharging the duties imposed upon him by this article. Each consulting veterinarian
shall be registered as required by article ten [s 30- 10-1 et seq.], chapter thirty of
this Code, and shall receive a per diem, and actual expenses, to be determined by the
commissioner, for the time actually engaged in carrying out the directions of the
commissioner, which per diem and expenses shall be paid out of the current appropriation
made for the enforcement of this article.
Whenever any incorporated city of this State shall have in its employ any veterinary sanitary officer engaged in the inspection of meat, milk or animals, and such officer is a registered veterinarian as aforesaid, the commissioner may appoint such city veterinary sanitary officer a consulting veterinarian, but such officer shall not be entitled to compensation or expenses from both the State and city for the same service.
19-9-4 Inspectors of animals.
The commissioner may appoint, at different points in the State, inspectors to examine and
inspect any of the animals enumerated in this article which are to be moved to states
where the sanitary laws require such examination and inspection, with authority to issue
certificates of inspection in the name of the state department of agriculture in such form
as the commissioner may prescribe. Such inspectors shall be registered veterinarians, and
the appointment of any such inspector may, at any time, be revoked by the commissioner.
The commissioner shall regulate and fix the fees to be charged by the inspector, which fees shall be paid by the owner requesting such examination and inspection, and the inspector shall receive no compensation from the State for any such service he may render.
Upon the request of any owner for an examination and inspection of such animals and tender of the fees authorized to be charged therefor, it shall be the duty of the inspector to examine and inspect such animals and to issue and deliver to such owner a certificate of inspection showing the results of such examination and inspection.
19-9-5 Persons authorized to enter premises; powers thereof; refusal to enforce orders of
commissioner.
The commissioner, the consulting veterinarians, and their duly appointed and authorized
assistants or employees, in the performance of their duties under this article and the
rules and regulations adopted by the commissioner, shall have the power to enter any
premises, public or private, where they have reason to believe that diseased animals or
poultry may be or may have been confined or kept in or on such premises, or for the
purpose of making such examination or applying such tests as may be necessary to determine
whether any contagious or infectious disease exists there. They shall have the same powers
and protection as other peace officers of this State, and shall have power and authority
to require all sheriffs and their deputies, constables, mayors of cities and towns, and
State and municipal police officers, to assist them in carrying out the provisions of this
article and the rules and regulations adopted thereunder. Any officer who fails or refuses
to enforce the lawful orders and quarantine of the commissioner or anyone acting under
him, in the proper execution of the powers conferred by this article, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not less than twenty- five nor
more than two hundred dollars.
19-9-6 Report of communicable diseases by veterinarians and owners; failure to report.
Every veterinarian engaged in the practice of his profession in this State, immediately
upon receiving information thereof, shall report to the commissioner each case of any
communicable disease, or of any animal reacting to a tuberculosis or mallein test; and
every person who has upon his premises or in his possession any domestic animal which is,
or which he has good reason to suspect to be, infected with any communicable disease,
shall immediately report the same to the commissioner. The reports shall be in writing and
shall include a description of each animal affected, with the name and address of the
owner or person in charge of the animal, the locality, and the number of susceptible
domestic animals that have been exposed to the disease.
Any veterinarian or other person who shall knowingly fail to report such a case or who shall attempt to conceal the existence of such disease shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one hundred dollars.
19-9-7 Commissioner may accept federal laws and regulations.
The commissioner shall have authority to accept on behalf of the State the laws, rules and
regulations of the United States bureau of animal industry for the prevention, control and
eradication of communicable diseases among animals and poultry.
19-9-8 Powers of federal inspectors.
The inspectors of the bureau of animal industry of the United States shall have the right
to inspect, quarantine and condemn animals infected with any communicable disease, or
suspected to be so infected, or that have been exposed to any such disease, and for these
purposes are hereby authorized and empowered to enter upon any ground or premises. Such
inspectors shall have power and authority to require sheriffs, constables or peace
officers to assist them in the discharge of their duties in carrying out the provisions of
the acts of Congress, approved May twenty-ninth, eighteen hundred and eighty-four,
establishing the bureau of animal industry, and all acts amendatory thereof, and shall
have the same powers and protection as peace officers while engaged in the discharge of
their duties.
19-9-9 County court [county commission] may cooperate in control and eradication of
communicable diseases.
The county court [county commission] of any county is hereby authorized to cooperate with
the commissioner of agriculture and the United States department of agriculture in the
control and eradication of bovine tuberculosis, or any other communicable disease of
livestock, and in creating modified accredited free areas, and all expenses incurred by
such county through this cooperative agreement shall be paid out of the county treasury as
other claims against the county.
19-9-10 Commissioner may prescribe tests for diseases.
The commissioner may prescribe methods of making tests with tuberculin, mallein or other
recognized tests for the diagnosis of animal diseases.
19-9-11 Reports of sales of and tests with diagnostic materials.
Every sale in this State of a biological product intended for diagnostic or therapeutic
purposes with animals, and each injection or test made therewith, shall be reported in
writing to the commissioner within one week after such sale or test. Each such report
shall be signed by the person who made the sale or test. In the case of a sale, the report
shall state the name of the purchaser of the biological product, with the amount sold, and
the date of sale. In the case of a test, the report shall state the name and address of
the owner of the animal tested or treated, the locality where such test or treatment was
made, a description of the animal or animals tested or treated, and a complete statement
of the actual result of such test or treatment. Any person whose duty it is to make such
report, who shall fail or refuse to do so, shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not exceeding one hundred dollars.
19-9-13 Quarantine of premises or animals; general and special quarantine defined.
Whenever any communicable disease shall exist anywhere in the State a quarantine of any
locality or premises, or of any infected or exposed animals, may be established.
Quarantine shall be of two kinds:
(a) "Special quarantine," which shall mean a quarantine of a single animal; or a quarantine of a single building, structure, pen, coop, car, vessel, vehicle, field or inclosure; or a quarantine of any number of animals when confined or contained in the same building, structure, pen, coop, car, vessel, vehicle, field or inclosure;
(b) "General quarantine," which shall include all quarantines not included under the term "special quarantine" as herein defined.
19-9-14 Establishment of special quarantine.
The commissioner or his authorized agent shall have the power to establish and maintain a
special quarantine, whenever any domestic animal shall be affected with or exposed to any
communicable disease, or whenever he deems it necessary to have any animal examined or
tested. When a special quarantine is established, the commissioner, or his agent, shall
post on the building, structure, pen, coop, car, vessel, vehicle, field, or enclosure,
wherein the animal or animals quarantined are confined or contained, a notice declaring
the quarantine and containing a description of the animal or animals and of the premises
where quarantined. Such quarantine may continue for such time as the commissioner, or his
agent, may deem advisable.
19-9-15 Establishment of general quarantine.
A general quarantine may be established and maintained whenever any communicable disease
of domestic animals shall exist in any locality in the State larger in extent than that
which may be included in a special quarantine. A general quarantine shall be established
and maintained by order of the commissioner only; but in establishing and maintaining such
quarantine the commisioner may act through and by an officer or agent employed by him, to
whom such power is delegated, and the establishment and maintenance of such quarantine by
any officer, agent or employee of the commissioner shall be prima facie the establishment
and maintenance of quarantine by the commissioner. Such quarantine shall include such
premises, locality or territorial district, and such animals, and shall continue for such
time, as may be deemed necessary by the commissioner. Whenever any premises or any
locality or territorial district shall be placed under a general quarantine, it shall be
the duty of the officer, agent or employee by whom the order of quarantine is executed, to
post at least ten notices in the most public places within the premises, locality or
territorial district quarantined, declaring the quarantine and the duration thereof, the
extent and limits of the premises, locality, or territorial district so quarantined, and
the animals subject thereto. A copy of such notice shall be published as a Class I legal
advertisement in compliance with the provisions of article three [s 59-3-1 et seq.],
chapter fifty-nine of this Code, and the publication area for such publication shall be
the quarantined area. If the quarantine shall be for the purpose of preventing the spread
of rabies or hydrophobia, and in the case of other communicable diseases, if the
commissioner deems such action necessary, the notice shall require all dogs within the
quarantined area to be confined by their owners.
19-9-16 Unlawful to remove, deface or destroy quarantine notice.
It shall be unlawful for any person, during the continuance of any quarantine, to tear
down, deface or destroy any notice of quarantine posted by any officer, agent, or employee
of the commissioner, or to remove or destroy any portion of a building or tree or fence
whereon the same shall have been posted.
19-9-17 Care of quarantined animals; expense.
The owner of animals placed in quarantine by the commissioner or his agents shall provide
suitable quarters for them and feed and water them. If he fails or refuses to do so, the
commissioner or his agents shall provide such quarters and feed and water such animals at
the expense of the owner. If such expense shall not be paid within ten days after the
lifting of the quarantine, the commissioner may sell or cause to be sold any such animal,
at public sale, after ten days' notice thereof, and shall apply the proceeds of such sale,
first to the payment of the costs and expenses aforesaid, and the residue to the owner. No
animal shall be removed from a quarantined area prior to such sale, except upon payment of
such expense.
19-9-18 Removal of animals, etc., from quarantined area; running at large of dogs in such
area.
After the establishment of any quarantine authorized by this article, and the posting of
the notices required by law, it shall be unlawful for any person, during the continuance
of such quarantine, without a special permit in writing from the commissioner, to remove
any animal from or to any premises within the limits of the quarantine, or to remove from
any quarantined area or premises any hay, straw, grain, fodder, or other food, or to
remove any coop, car, wagon, vehicle, vessel or premises so quarantined, or to sell,
exchange, give away, lease, lend or remove, or allow to be removed, any quarantined
domestic animal or animals. It shall be unlawful, during the continuance of such
quarantine, after notice as aforesaid, for the owner of any dog to permit such dog to run
at large in any such quarantined locality, or for any person to remove, or permit to be
removed, any dog from such quarantined area. Any dog found running at large in such
quarantined area, known to have been removed from or to have escaped from such area, as
aforesaid, may be secured and confined, or may be shot or otherwise destroyed by any
person, without liability therefor.
19-9-19 Domestic animal within quarantined area running at large.
When any quarantine shall be established under this article, it shall be unlawful for the
owner of any domestic animal within the limits of the quarantined area to allow such
domestic animal to run at large during the continuance of the quarantine. Any animal so
found running at large shall be taken up by any constable or deputy sheriff of the county
knowing the facts, or by an agent or employee of the commissioner, and kept at the expense
of the owner until the lifting of the quarantine. For such service he shall be entitled to
one dollar for each animal. Each animal shall be kept until such fee and all cost of
keeping such animal shall have been paid. If not paid within two weeks after after the
lifting of the quarantine, the animal may be sold as provided in section seventeen [s
19-9-17] of this article; and after the deduction of all fees, costs and expenses, the
residue shall be paid to the owner, if known, and if not known, shall be paid into the
state treasury. This section shall not apply to dogs, or affect the special provisions of
this article with reference to dogs.
19-9-20 Bringing animals into State; health certificate.
It shall be unlawful for any person or his agents or employees knowingly to drive, cause
to be driven, bring or cause to be brought into this State any domestic animal infected
with any communicable disease. Every domestic animal being brought into the State for any
purpose, by any means of transportation, shall be subject to the restrictions imposed by
section twenty-one [s 19-9-21] of this article, unless such animal is accompanied by a
certificate of good health issued by the state veterinarian or other accredited authority
of the state from which such animal originates, or the certificate of a veterinary
inspector of the bureau of animal industry of the United States department of agriculture,
setting forth that such animal is free from all communicable diseases and does not
originate from a district of quarantine or infection, and showing inspection to have been
made within a period of thirty days prior to the arrival of such animal: Provided,
however, That in the case of bovine animals the duration of such period of test shall be
sixty days or such other period as shall conform to the regulations of the United States
department of agriculture. Such certificate shall be made in triplicate, the original to
be retained by the owner or person in charge of such animal, and by him attached to the
bill of lading accompanying shipment of the animal, the duplicate to be forwarded to the
commissioner, and the triplicate to be retained by the veterinarian making the inspection.
19-9-21 Animals entering State without health certificate.
It shall be the duty of the owner or owners of any domestic animal, which is to enter this
State without a certificate of health, to notify the commissioner in writing stating when,
where and how the animal is to be brought into this State. Such notice must reach the
commissioner before the animal arrives at the point of destination. Any animal entering
the State without a certificate of health may be placed in quarantine by the commissioner
under such rules and regulations as he may approve, and held therein at the expense of the
owner, and if such animal is found infected with any communicable disease, it shall, at
the option of the owner, be killed, without compensation to the owner, or continued in
quarantine at the expense of the owner. The expenses incurred in providing such animal or
animals with proper quarters, food and water may be recovered by the commissioner from the
owner in a suit in the name of the State, as other debts are by law collectible. It shall
be unlawful to remove any such domestic animal from quarantine unless it shall have passed
a satisfactory examination, and the tuberculin test in the case of bovine animals for
dairy or breeding purposes, and unless the charge for the quarters, feed, water and
attendance have been paid to the person entitled thereto.
19-9-22 Unlawful possession of animal brought into State.
When notified by the commissioner, or any of his agents or employees, not to do so, it
shall be unlawful for any person to receive, keep or have in his possession any domestic
animal imported or brought into this State in violation of any of the provisions of this
article, or to allow any such domestic animal to come in contact with any other domestic
animal.
19-9-23 Regulation of imported dairy or breeding animals.
No domestic animal that has been, or is to be, used for dairy or breeding purposes shall
be imported or brought into this State except under the following regulations: There shall
be provided for each bovine animal a health certificate and a tuberculin test chart, each
in triplicate, from a veterinary inspector of the United States bureau of animal industry,
or from the state veterinarian, or duly authorized and officially certified veterinarian
of the state whence the animal has been transported or moved. The originals of the
certificate and of the chart shall be attached to the waybill, when the animal shall be
transported by common carrier, and the duplicates sent so as to reach the office of the
commissioner before the animal reaches the point of destination, and the triplicates shall
be retained by the veterinarian issuing the certificate. If the animal be brought into the
State other than by common carrier, the office of the commissioner shall be notified
before such animal shall be brought in. The original certificate and chart shall be in the
possession of the person who shall bring such animal into the State, and shall be
surrendered to any officer or agent of the commissioner on demand. The duplicates thereof
shall be sent to the commissioner as aforesaid. Such notice to the commissioner shall
state when, where and how the animal is to be brought into the State. Such certificates
and chart shall show that the animal is free from Texas fever ticks, and all communicable
diseases. The chart must show that an approved preparation of tuberculin has been used,
and that an examination and tuberculin test have been carried out in a manner approved by
the commissioner: Provided, however, That from herds which are recorded and certified as
free from tuberculosis, either by the state veterinarian or other accredited authority of
such state as the commissioner may see fit to recognize for this purpose, or may be so
recorded and certified by the United States bureau of animal industry, animals may be
permitted to enter the State upon such herd certificate in lieu of the tuberculin test
chart hereinbefore required.
19-9-24 Importation of dairy or breeding animal unaccompanied by health certificate and
test chart.
Any bovine animal, not accompanied by the health certificate and tuberculin test chart
required by section twenty-three [s 19-9-23] of this article, may be brought into this
State only under the direct supervision of an officer, or agent of the commissioner,
subject to the provisions of section twenty-one [s 19-9-21] of this article and to the
following regulations: Each animal shall be held in close quarantine, at the cost and
expense of the owner, at such place, under such conditions and during such time as may be
prescribed by the commissioner, and during the period of such quarantine shall be
submitted to a physical examination and tuberculin test by an agent of the commissioner.
The examination and test shall be at the expense of the owner. If the costs and expenses
aforesaid are not paid by the owner, they may be recovered by the commissioner as provided
in section twenty-one of this article.
19-9-25 Commissioner may decline to accept health certificate or test chart.
If the commissioner shall suspect the genuineness of any health certificate or tuberculin
test chart relating to imported animals, or shall question the competency of the person of
the state of export who shall have issued such chart or certificate, he may decline to
accept the same, and refuse to permit the importation of the animals concerned, unless a
certificate and chart be furnished from the proper inspector of the bureau of animal
industry of the United States, or upon such other certificate or tests as the commissioner
shall determine.
19-9-26 Animals brought into State for slaughter or for exhibition purposes.
Sections twenty to twenty-five [ss 19-9-20 to 19-9-25], both inclusive, of this article,
shall not apply to animals brought into the State for immediate slaughter, or for
temporary exhibition purposes only, if a permit, conditioned as the commissioner may
prescribe, for each animal intended for exhibition, shall first have been obtained from
him.
19-9-27 Unlawful sale of animals for breeding or dairy purposes.
It shall be unlawful for any person to sell for dairy or breeding purposes any domestic
animals brought into the State for immediate slaughter, or to use or permit to be used any
such animal for dairy or breeding purposes, unless and until such animals are first
subjected to the test required by this article.
19-9-28 Indemnity for slaughter of infected or exposed animals; agreement.
Whenever, to prevent the spread of any communicable disease, which cannot be cured or
controlled by isolation and adequate or proper veterinary treatment, it shall be deemed
necessary by the commissioner or any of his agents to cause any animal found to be
infected with or directly exposed to any infectious, contagious, or communicable disease,
which cannot be cured or controlled by isolation and adequate or proper veterinary
treatment, to be killed, and the owner of such animal shall desire to receive indemnity
therefor, he shall be required by the commissioner before the appraisal and slaughter of
the animal to execute an agreement that he will thoroughly clean and disinfect all
premises that may have been infected by such animal in such manner as the commissioner may
prescribe, and, in case such animal is tuberculous, that he will have his entire herd of
bovine animals tested with tuberculin by the commissioner or his agent at such times as
the commissioner may designate, and will not admit to his herd any bovine animal that has
not given a negative reaction to the test. Such agreement shall be in duplicate, one copy
to be retained by the signer, and in such form as the commissioner shall prescribe, and
shall be signed by the owner or his agent, and shall be effective for a period of two
years from the date thereof. All such animals, for which indemnity is claimed by the
owner, shall be appraised before being slaughtered, and the owners indemnified as
hereinafter provided: Provided, however, That any animal infected with rabies may be
slaughtered by the owner or any person authorized to do so without such agreement and
appraisal first being had, and if the disease is caused by the bite of a dog, the animal
shall be appraised and compensation therefor obtained as provided in article twenty [s
19-20-1 et seq.] of this chapter.
19-9-29 When right of indemnity does not exist.
The right of indemnity shall not exist nor shall payment be made in any of the following
cases:
(a) For animals owned by the United States, this State, or any county, city, town or village in this State;
(b) For animals brought into this State contrary to the provisions of this article, or where the owner of the animals or person claiming compensation has failed to comply with the provisions of the same;
(c) When the owner or claimant at the time of coming into possession of the animal knew or had reason to believe it to be afflicted with a communicable disease;
(d) When the owner has been guilty of negligence or carelessly exposed such animals to a communicable disease;
(e) When the owner has refused or neglected to comply with the sanitary requirements of the commissioner of agriculture or his agents;
(f) When the animals are fully sexed males over six months of age and are not registered.
19-9-30 Appraisal of infected or exposed animals; amount; arbitration; fees of
arbitrators.
The commissioner or his agent shall act as appraiser and appraise each infected or
directly exposed animal within five days prior to the date of slaughter, basing the amount
upon the class and market value of the animal at the time of the appraisal, whether for
breeding purposes or for milk or meat production. Animals reacting to any approved test,
but not exhibiting any physical evidence of disease, shall be appraised without
considering the presence of a diseased condition, but animals exhibiting any physical
evidence of disease shall be appraised as infected animals: Provided, however, that where
indemnities are claimed for directly exposed animals slaughtered on account of being
infected with rabies, appraisement shall be based on the value of the animal before it
became infected. The amount of appraisal for a nonregistered equine animal shall not
exceed seventy-five dollars, for a registered equine animal one hundred dollars, for a
nonregistered bovine animal one hundred and fifty dollars, for a registered bovine animal
two hundred and fifty dollars, for a nonregistered swine twenty-five dollars, for a
registered swine forty dollars, for a nonregistered sheep ten dollars, and for a
registered sheep twenty-five dollars. If the amount of appraisal of any animal, as
determined by the appraiser is not satisfactory to the owner of the animal, a written
notice of such fact setting forth the reason for complaint shall be made at once to the
appraiser. The amount of the appraisal shall then be determined by arbitrators, one to be
appointed by the appraiser and one by the owner of the animal. If these arbitrators are
not able to agree as to the amount of appraisal, a third arbitrator shall be appointed by
them, whose decision shall be final. Each arbitrator shall be paid one dollar for each
appraisement of five or less than five animals, and two dollars if more than five animals
are appraised. Compensation for the arbitrators appointed by the owner and the appraiser
shall be paid by the party appointing such arbitrator, and in case a third arbitrator is
chosen, such arbitrator shall be paid by the party against whom the decision is made.
19-9-31 Certificate of appraisal.
When the animal is to be slaughtered, the commissioner or his agent shall make and deliver
to the owner a certificate of appraisal which may cover any number of animals belonging to
the same owner, showing the age and description of each animal found to be infected or
directly exposed, the name and place of test, if any, the mark or brand as tuberculous,
and any other mark or brand which the animal may bear, the date when and the place to
which the animal was sent for slaughter by the veterinarian, the designation of the
officer who is to supervise the slaughter, the appraised value of each animal, the name
and address of the owner of the animal, and the fact that he has executed the agreement as
provided in section twenty-eight [s 19-9-28] of this article.
19-9-32 Slaughter of diseased animals; supervision; certificate of slaughter.
After the agreement has been executed, appraisal made and certificate thereof issued, the
commissioner or his agent shall cause the animal to be slaughtered and the carcass
disposed of in accordance with the meat inspection regulations of the United States bureau
of animal industry, or in such manner as the commissioner shall prescribe. The officer
supervising the slaughter shall, immediately thereafter, indorse upon or add to the
certificate of appraisement provided for in section thirty-one [s 19-9-31] of this article
a certificate of slaughter stating that he has witnessed the slaughter of each of the
animals, the place and date thereof, that the number, age, description and brand or mark
correspond to those given in the certificate of appraisal, the result of his postmortem
examination, the disposition made of the carcass, and the price received for the same by
the veterinarian, which price shall be paid to the owner and credited on the amount of
appraisal: Provided, That in case animals are slaughtered as tuberculous the appraisal
certificate shall be credited in the manner provided in section thirty-six [s 19-9-36] of
this article.
The slaughter may be supervised and certificate thereof may be made by the commissioner or any of his agents or any person possessing the authority of an agent, or an officer of the United States bureau of animal industry. The commissioner may require such other particulars to be added to either of said certificates or the affidavits hereinafter required, and may make and enforce such rules and regulations governing the handling, shipping and slaughter of such animals, as may be deemed necessary.
19-9-33 Payment of indemnity.
All claims for indemnity for animals slaughtered as tuberculous shall be paid in the
manner prescribed in section thirty-seven [s 19-9-37] of this article. In all other cases
when animals are slaughtered as provided by the article the veterinarian shall forthwith
forward the certificates of appraisal and slaughter, together with the owner's claim for
indemnity, and his affidavit that he has, in all respects, complied with the agreement
provided for in section twenty-eight [s 19-9-28] of this article and with the requirements
of the commissioner in respect thereto, to the commissioner, who shall, if the same is
found to be correct and the claim not barred by the provisions of section twenty-nine [s
19-9-29] of this article, approve and file the same. The commissioner shall, at the end of
each fiscal year, issue his requisition to the state auditor for two thirds of the value
of the certificates of appraisal so approved: Provided, That in case of an outbreak of
foot-and-mouth disease, or any other dangerously contagious or infectious disease among
bovine animals, ovine animals, or swine, on account of which bovine animals, ovine animals
or swine are being destroyed by cooperative order of federal and state authority, and for
which animals so destroyed the federal government pays one half of the indemnity herein
provided for, this State shall pay one half, and only one half, of such indemnity. The
state auditor shall issue his warrant on the state treasurer, in favor of the claimant,
for the amount ordered by the commissioner, which amount shall be paid out of the current
appropriation made for carrying out the provisions of this article: Provided further, That
in case the amount of such certificates of appraisal, and those similarly provided for in
section thirty-seven [s 19-9-37] of this article, in any one year, shall exceed the
current appropriation therefor, such certificates shall be paid pro rata at the end of
each fiscal year.
19-9-34 Disposal of carcass of diseased animal.
Whenever it shall be necessary to destroy or dispose of the carcass of any animal to
prevent the spread of disease, such destruction or disposal shall be made by one of the
following methods: (a) Complete cremation of the entire carcass with all its parts and
products; (b) boiling the carcass and all its parts and products in water, or heating the
same with steam at the temperature of boiling water, continuously during at least two
hours; (c) burial of the carcass and all its parts and products in a place that shall not
be subjected to overflow from ponds or streams, and which shall be distant not less than
one hundred feet from any watercourse, well, or spring, public highway, house or stable.
In burying such carcass it shall be covered with quicklime to a depth of not less than
three inches, and the top of such carcass shall not be within two feet of the surface of
the ground when the grave is filled and smoothed to the level of the surrounding surface.
Such grave shall be so protected that the carcass may not be accessible to dogs or other
animals. Whenever any animal infected with any communicable disease shall die or be
killed, it shall be the duty of the owner of such animal at once to destroy or dispose of
the carcass of such animal in the manner provided in this section. It shall be unlawful to
sell any such carcass or any part thereof or any hide or offal therefrom. If the owner of
such animal shall not within twenty-four hours dispose of the carcass as provided by law,
it shall be the duty of the commissioner, or his agent, to cause the same to be destroyed
or disposed of according to law, at the cost of such owner. The expense of such
destruction or disposal may be collected from such owner as debts of like amount are by
law collectible.
19-9-34a Authority of commissioner to promulgate rules regulating disposal of dead
poultry.
Notwithstanding any other provision of the law, the commissioner of agriculture is
authorized to promulgate rules to regulate the disposal of dead poultry or other domestic
fowl by persons, firms or corporations engaged in growing poultry or other domestic fowl
for commercial purposes. Said rules shall encompass disposal methodologies of composting,
incineration and rendering and shall include emergency situations of flock depopulation,
abnormal death losses or serious disease outbreak, all in accordance with the provisions
of chapter twenty-nine-a [s 29A-1-1 et seq.] of this code.
19-9-38 Transportation of diseased animals.
It shall be unlawful for any person knowingly to drive, move or transport on, across or
along any public highway, or in wagons or railroad cars or other vehicles, any animal
infected with any communicable disease, except upon express permission in writing from the
commissioner or his agents.
19-9-39 Selling or giving away diseased animal; permitting it to stray.
Without express permission in writing from the commissioner, or his agent, it shall be
unlawful for any person to sell or offer for sale, or give away, or allow to stray, any
animal infected with any communicable disease or any animal that has reacted to any
tuberculin or mallein test, or with such permission to sell, offer for sale, or give away,
any such animal, without notifying the purchaser, or any prospective purchaser, or the
person to whom the animal shall be sold or given, that the animal is infected or has
reacted as aforesaid, or that it has been in a herd infected with a disease within one
year, except when for immediate slaughter in accordance with the meat inspection
regulations of the United States department of agriculture; or to dispose of to another in
any manner any animal that may be quarantined until such time as the quarantine shall have
been raised by the proper officer, or to dispose of the meat or milk of any animal that
may be infected with such communicable disease for use as food or for other purposes
except in such manner as shall be provided by the commissioner: Provided, however, That
nothing in this section shall be construed as in conflict with or superseding any of the
provisions of the State or national pure food or meat inspection laws.
19-9-40 Penalties.
Any person who shall violate any of the provisions of this article, or who shall obstruct
or hinder the commissioner, or any officer or employee, in the performance of his duties
under this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall,
for the first offense, be fined not more than one hundred dollars, and upon conviction for
each subsequent offense fined not more than five hundred dollars, and in addition to such
fine may be confined in the county jail for not more than ninety days.
Reviewed by AAHS in January 2002.
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