When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) Department. The Department of Agriculture and Industries of the State of Alabama.
(2) Commissioner. The Commissioner of the Department of Agriculture and Industries of the State of Alabama.
(3) Disease or Disease of animals. Contagious, communicable or infectious diseases of animals.
(4) Materials. Infected barns or other infected structures or parts thereof and farm products, clothing, straw, hay or other feed for animals and other articles stored or contained in or adjacent to such barns or other structures.
(5) Livestock. Any animal maintained in captivity for any reason.
2-15-151 Disease control; time of commencement; appropriations.
The work of suppression or eradication of any infectious, contagious or communicable disease of livestock shall be taken up under the provisions of this article in any county or any part of a county or any part of the state of Alabama when the state board of agriculture and industries deems it best. The county commission of any county in which the state or federal authorities take up the work of the suppression of any infectious, contagious or communicable disease of livestock may appropriate for aiding in such work such sums as the county commission or the state veterinarian may deem adequate and necessary.
2-15-152 Federal cooperation.
Upon determination by the commissioner of the existence of a disease of animals which, in his opinion, threatens the livestock industry of the state of Alabama, he shall invite the United States government to cooperate with the department in the arrest or eradication of such disease.
2-15-153 Quarantine; generally.
The state veterinarian or an assistant veterinarian or state livestock inspector shall quarantine a stall, lot, yard, pasture, field, town, city, township, county or any part of the state of Alabama when he shall determine the fact that livestock in such place or places are infected with a contagious, infectious or communicable disease or when said livestock are infested or infected with the carrier or carriers of a contagious, infectious or communicable disease or when exposed to any such disease.
The state veterinarian or an assistant veterinarian or livestock inspector shall issue written or printed notice of the establishment of said quarantining to the owners or keepers of said livestock and to any officer or agent of a railroad, truck or other transportation companies doing business in or through the quarantined part or parts of the state, which notice must be executed by the state veterinarian or assistant veterinarian or by any livestock inspector by leaving a copy of said notice with the owners or keepers of said livestock and with any officer or agent of a railroad, truck or other transportation company doing business in or through the quarantined part or parts of the state and shall return the fact of such service on the original notice. Said original notice and return thereof shall be received as evidence of its legal service thereof on the dates mentioned therein in all courts, proceedings and places with further proof; provided, that where a whole county has been quarantined the certificate of the state veterinarian stating the fact shall be received as evidence of said quarantine's being established, and it shall be unnecessary to furnish other proof of same or service of notice of the same on the owners or keepers of said livestock.
2-15-154 Quarantine; transportation restrictions.
No railroad company or the owners or masters of any vessel, boat, truck or other vehicle or other transportation company shall receive for transportation or shall transport livestock from any quarantined district into any other part of Alabama, except as provided in this section.
No person, company or corporation shall deliver livestock for transportation to any railroad company or vessel, boat, truck or other vehicle or other transportation company in a quarantined district of Alabama, except as provided in this section.
No person, company or corporation shall drive or cause to be driven livestock on foot or transport livestock in a private conveyance or cause livestock to be transported in a private conveyance from a quarantined district to a nonquarantined part of Alabama, except as provided in this section.
Livestock may be moved within the limits of a quarantined district or from a quarantined district in Alabama only under and in compliance with the rules and regulations of the state board of agriculture and industries. It shall be unlawful to move or to allow to be moved any livestock from one place to another within the limits of a quarantined district or from a quarantined to a nonquarantined district of Alabama in any other manner or method or under any conditions other than prescribed by the rules and regulations of the state board of agriculture and industries.
2-15-155 Certificates of health.
All livestock, when brought into Alabama by a person, company or corporation or railroad or other transportation companies, shall be accompanied by a certificate of health, and said certificate shall state that said animal or animals are free from contagious, infectious or communicable disease and the carrier or carriers of the cause or causes of such diseases.
This certificate must be made by a qualified veterinarian immediately after he has personally examined the livestock and before the livestock has been shipped into Alabama. This certificate shall be attached to and accompany the shipping bill of the livestock to the place to which the livestock are shipped, and the owner of the livestock or agent of the transportation company shall mail or send said certificate to the state veterinarian immediately following the arrival of the livestock at its place of destination.
The state veterinarian shall furnish qualified veterinarians with blank health certificates at actual cost.
2-15-156 Quarantine; cleaning and disinfection.
Owners, agents, renters or parties in possession of quarantined livestock or quarantined places shall follow the directions in the rules and regulations of the state board of agriculture and industries in cleaning and disinfecting infected or exposed livestock and infested or infected quarantined places and in destroying the carriers or the causes of a contagious, infectious or communicable disease, the infested, exposed or infected livestock and quarantined places. Said cleaning of said livestock and the disinfecting of said places and destroying of said carriers shall be done by the owners or the persons in possession of the infected, exposed or infested livestock and places within two days after receiving a written or printed notice from the state veterinarian, an assistant state veterinarian or a livestock inspector.
2-15-157 Vehicles; cleaning and disinfection.
All vehicles in which animals are transported in Alabama shall be cleaned and disinfected at the expense of the operator thereof after each time of use or before the vehicles are used to transport other animals.
The state veterinarian, the assistant state veterinarian and the state livestock inspectors may enter upon the premises or into any barns or other buildings where livestock are kept or found in the state of Alabama in the discharge of the duties prescribed in this article.
Any person or persons who shall assault, resist, oppose, prevent, impede or interfere with the state veterinarian, an assistant state veterinarian or a state livestock inspector in the execution of his or their duties or on account of the execution of his or their duties shall be guilty of a misdemeanor.
2-15-159 Running at large.
It shall be unlawful for any person to permit livestock to run at large in a quarantined district without a written permit of the state veterinarian or a commissioned livestock inspector, and any person convicted of violating this provision shall be guilty of a misdemeanor.
2-15-160 Destruction of animals; indemnification.
If it appears necessary for the arrest or eradication of any disease of animals to destroy animals affected by or exposed to or any material contaminated by or exposed to disease, the commissioner is authorized, in cooperation with the state veterinarian, to indemnify the owner and destroy said animals or materials so affected and so exposed.
2-15-161 Destruction of animals; preliminary appraisal.
Before authorizing the slaughter of diseased animals, they shall be appraised by a duly commissioned representative of the state veterinarian or a cooperating representative of the United States secretary of agriculture duly commissioned by said state veterinarian.
2-15-162 Destruction of animals; appraisal appeals.
If the owner shall refuse to accept the appraisal provided for in section 2- 15-161, the animals shall be appraised by three competent and disinterested appraisers, one to be selected by the duly commissioned representative of the state veterinarian or the representative of the United States secretary of agriculture duly commissioned by the state veterinarian, one by the owner and these two to select a third.
2-15-163 Salvageable animals.
Animals which are exposed to but not affected with the disease and whose flesh can be saved for food without risk of spreading the disease shall be appraised by the appraisal committee, as provided in sections 2-15-161 and 2- 15-162, and such salvage shall be paid the owner and credited on the value of the animal.
2-15-164 Appraisal; basis.
The amount of appraisal of animals shall be based on the meat, dairy or breeding value; but, in the case of appraisal based on breeding value, no appraisal of any animal shall exceed three times its meat or dairy value.
2-15-165 Destruction of materials; appraisal.
The same board which is herein authorized in section 2-15-161 to appraise animals shall also appraise materials which are to be destroyed.
2-15-166 Animals; appraisal reports.
Appraisals of animals shall be reported on forms furnished by the department, and such reports shall show the number of animals and either the value per head or the weight of the value per pound.
2-15-167 Materials; appraisal reports.
Appraisals of materials shall be reported on forms furnished by the department. Reports of appraisals of materials shall, when practicable, show the number, size or quantity, unit price and total value of each kind of material appraised.
2-15-168 Destruction of animals or materials; disposition.
When the animals and materials affected or exposed to disease are ordered condemned, which the commissioner is herein authorized to do, any designated agent of the department shall proceed to destroy said animals and materials and to dispose of the carcasses under such rules and regulations as the department or commissioner may prescribe. Such disposition shall be under the supervision of the state veterinarian.
2-15-169 Salvageable animals; conduct of sale.
When it becomes necessary in the eradication or control of disease to sell any exposed animal and salvage the flesh, the sale shall be made under such rules and regulations as the commissioner may prescribe.
2-15-170 Disease control; rules and regulations.
The commissioner, with the approval of the state board of agriculture and industries, shall have the power and authority to promulgate all necessary rules and regulations for the control and eradication of all infectious, contagious or communicable diseases of livestock. These rules and regulations shall have the full force and effect of law.
2-15-171 Quaratine; rules and regulations.
The state board of agriculture and industries shall have full power to make or enact such rules and regulations as may be deemed necessary for governing the movement, transportation or disposition of livestock that may be quarantined as provided in this article on account of being affected with or exposed to a contagious or communicable disease or on account of being infected or infested with the carrier or carriers of the cause of a contagious, infectious or communicable disease of livestock.
The rules and regulations purporting to be published by authority of the state board of agriculture and industries in book or pamphlet form or a typewritten copy of any such rules and regulations certified to by the commissioner as being a true and correct copy and having been legally promulgated shall be received as evidence of the passage and legal publication of such rules and regulations as of the date mentioned or provided for therein in all courts and places without further proof.
A copy of said rules and regulations shall be furnished by the commissioner to all probate judges and district attorneys in all areas that might be affected by said rules and regulations immediately after their adoption by the state board of agriculture and industries.
2-15-172 Veterinary products and serums; rules and regulations -- Disposal; rules and regulations.
The state board of agriculture and industries may make rules and regulations governing the manufacture, sale, distribution, handling and keeping and use of all veterinary or biological products and serums and also the disposal of dead carcasses, infectious and toxic meats and feeds.
(a) The state board of agriculture and industries shall provide for payment of the expense of the suppression or eradication of infectious, contagious or communicable diseases of livestock from the agricultural fund.
(b) The funds appropriated in the general appropriation bill for the purpose of controlling outbreaks of plant and animal disease may be expended in the administration of this article, including all help in such control as may be deemed necessary by the commissioner, and in payment of animals and materials which have been condemned as provided and authorized in this article.
Any person violating any section or provision of this article or any rule or regulation promulgated by the department, its board or the commissioner shall be guilty of a misdemeanor and shall be punished accordingly.
Reviewed by AAHS in December 2001.
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