University of Vermont AAHS

ARIZONA QUARANTINE AND HEALTH CERTIFICATE REQUIREMENTS

ARIZONA STATUTES
TITLE 3. AGRICULTURE
CHAPTER 11. OWNERSHIP, CONTROL AND REGULATION OF LIVESTOCK
ARTICLE 1. ANIMAL SERVICES DIVISION

 

3-1201. Definitions
In this chapter, unless the context otherwise requires:

1. "Aquaculture" means the controlled propagation, growth and harvest of aquatic animals or plants, including fish, amphibians, shellfish, mollusks, crustaceans, algae and vascular plants.

2. "Associate director" means the associate director of the division.

3. "Division" means the animal services division of the Arizona department of agriculture.

4. "Equine" means horses, mules, burros and asses.

5. "Livestock" means cattle, equine, sheep, goats and swine, except feral pigs.

6. "Poultry" means any domesticated bird, whether live or dead, and includes chickens, turkeys, ducks, geese, guineas, ratites and squabs.

7. "Range" means every character of lands, enclosed or unenclosed, outside of cities and towns, upon which livestock is permitted by custom, license or permit to roam and feed.

8. "Range livestock" means livestock customarily permitted to roam upon the ranges of the state, whether public domain or in private control, and not in the immediate actual possession or control of the owner although occasionally placed in enclosures for temporary purposes.

9. "Ratite" means ostriches, emus, rheas and cassowaries.


3-1202. Division council; members

A. The animal services division council, established pursuant to 3-105, shall be composed of members who are qualified electors. No more than three members from any one county may serve on the council at any time. The members shall represent the following categories:

1. The range cattle growing industry.

2. The cattle feeding industry.

3. Producing dairies.

4. The meat packing industry.

5. The sheep and goat industries.

6. The swine producing industry.

7. The equine industry.

8. The aquaculture industry.

9. The egg or poultry industry.

10. The hay or feed industry.

11. The ratite industry.

B. All members of the council shall be actively engaged in the type of business they represent. If a member acquires his representation through his affiliation with a corporation, such member shall be actively engaged in a management position and his primary source of income shall be derived from the corporation. Members shall be appointed by the director pursuant to 3-105.


3-1203. General powers and duties; civil penalties [text effective until July 1, 2004]

A. The director or the director's authorized representative shall exercise general supervision over the livestock interests of the state, protect the livestock industry from theft and the livestock and poultry industries from contagious and infectious diseases and protect the public from diseased and unwholesome meat products.

B. The director may, with the advice of the state veterinarian, make rules to control and govern:
1. Importation of animals and poultry into the state, establishment of quarantine and its boundaries, notice of quarantine and accomplishment of all things necessary to effect the object of the quarantine and to protect the livestock and poultry industries from and prevent the spread of contagious or infectious diseases.
2. Slaughter of animals and poultry affected with contagious or infectious diseases and disposition of carcasses of animals and poultry so slaughtered, when the action appears necessary to prevent the spread of contagion or infection among livestock and poultry.
3. Importation, manufacture, sale, distribution or use within the state of serums, vaccines and other biologics intended for diagnostic or therapeutic treatment of animals and poultry, and the importation, manufacture or use of virulent blood or living virus of diseases affecting animals and poultry.

C. The director may:
1. Enter into agreements with neighboring states including agreements regarding the use of livestock officers or livestock inspectors or other agency resources for the purpose of enforcement of livestock laws within this state or within border areas of neighboring states.
2. Waive inspections, service charges or inspection fees under this chapter in cases the director deems advisable.
3. Direct employees or peace officers to execute the director's orders under this chapter.

D. The director may adopt by rule a mandatory self-inspection program for moving livestock from one location to another, and may provide for the private treaty sale of self-inspected livestock. The associate director shall monitor compliance with the requirements of the self-inspection program and shall periodically examine self-inspection records, including livestock inventory records that verify the origin, shipment or sale of livestock. For just cause the director may suspend or modify the self-inspection authorization of feedlots, dairies and producers. A person who knowingly violates the requirements of the self-inspection program shall be placed on administrative probation by the director for a period of one year. If a subsequent violation occurs during the period of probation, the person shall be brought before an administrative law judge and is subject to a civil penalty of two hundred dollars per violation, and the self-inspection authorization shall be revoked for a period of three years. The director may review any order of the administrative law judge and shall review each order involving subsequent violations during a period of probation pursuant to title 41, chapter 6, article 10. The period of a sanction imposed under this subsection begins on the date of determination of the violation at a hearing. Civil penalties imposed under this subsection shall be deposited pursuant to 35- 146 and 35-147, in the state general fund.

E. The director may establish a central investigation group to investigate reports of crimes related to livestock. Livestock officers and other employees of the department shall report all cases of apparent crimes related to livestock to the associate director. The investigation group shall cooperate and coordinate its activities with appropriate federal, state and local law enforcement agencies in apprehending and prosecuting violators of livestock laws.

3-1203. General powers and duties; civil penalties [text effective beginning July 1, 2004]
A. The director or the director's authorized representative shall exercise general supervision over the livestock interests of the state, protect the livestock industry from theft and the livestock and poultry industries from contagious and infectious diseases and protect the public from diseased and unwholesome meat products.

B. The director may, with the advice of the state veterinarian, make rules to control and govern:
1. Importation of animals and poultry into the state, establishment of quarantine and its boundaries, notice of quarantine and accomplishment of all things necessary to effect the object of the quarantine and to protect the livestock and poultry industries from and prevent the spread of contagious or infectious diseases.
2. Slaughter of animals and poultry affected with contagious or infectious diseases and disposition of carcasses of animals and poultry so slaughtered, when the action appears necessary to prevent the spread of contagion or infection among livestock and poultry.
3. Importation, manufacture, sale, distribution or use within the state of serums, vaccines and other biologics intended for diagnostic or therapeutic treatment of animals and poultry, and the importation, manufacture or use of virulent blood or living virus of diseases affecting animals and poultry.

C. The director may:
1. Enter into agreements with neighboring states including agreements regarding the use of livestock officers or livestock inspectors or other agency resources for the purpose of enforcement of livestock laws within this state or within border areas of neighboring states.
2. Waive inspections, service charges or inspection fees under this chapter in cases the director deems advisable.
3. Direct employees or peace officers to execute the director's orders under this chapter.

D. The director may adopt by rule a self-inspection program for moving livestock from one location to another in this state. The associate director shall monitor compliance with the requirements of the self-inspection program and shall periodically examine self-inspection records, including livestock inventory records that verify the origin, shipment or sale of livestock. For just cause the director may suspend or modify the self-inspection authorization of feedlots, dairies and producers. A person who knowingly violates the requirements of the self-inspection program shall be placed on administrative probation by the director for a period of one year. If a subsequent violation occurs during the period of probation, the person shall be brought before an administrative law judge and is subject to a civil penalty of two hundred dollars per violation, and the self-inspection authorization shall be revoked for a period of three years. The director may review any order of the administrative law judge and shall review each order involving subsequent violations during a period of probation pursuant to title 41, chapter 6, article 10. The period of a sanction imposed under this subsection begins on the date of determination of the violation at a hearing. Civil penalties imposed under this subsection shall be deposited pursuant to 35- 146 and 35-147, in the state general fund.

E. The director may establish a central investigation group to investigate reports of crimes related to livestock. Livestock officers and other employees of the department shall report all cases of apparent crimes related to livestock to the associate director. The investigation group shall cooperate and coordinate its activities with appropriate federal, state and local law enforcement agencies in apprehending and prosecuting violators of livestock laws.


3-1204. Powers and duties relating to the sheep and goat industries

A. The director or his authorized representative shall exercise general supervision over the sheep and goat industries of the state and shall do all things practicable to protect the industries from and to prevent disease among sheep and goats.

B. The director shall prepare and adopt necessary rules:

1. Governing the importation of sheep and goats into the state by carrier or trail to insure that the animals are free from infection.

2. For quarantine and dipping of sheep and goats infected with or which have been exposed to scab or scabies, or other infectious or contagious disease.

3. For the speedy and effective suppression and eradication of disease among sheep or goats.

4. To prevent spreading or contracting of infectious or contagious diseases among sheep and goats, including requirements for inspection of sheep or goats shipped or transported, or to be shipped or transported by common carrier, contract carrier, private carrier or in any other manner whatever, whether the shipping or transporting is in interstate or intrastate commerce, or both, and to require an owner, before moving sheep or goats in such manner, to furnish an inspection certificate in the form required by the director.

C. The director may establish as and declare to be an infected district any district wherein diseased or infected sheep or goats are found or have recently been grazed or driven. The director may order sheep or goats in the infected district or which are exposed to be moved, treated, disinfected or cured under quarantine regulations provided for by this title.


3-1205. Control of animal diseases; violation; classification

A. When advised of the occurrence of a disease of animals or poultry which constitutes a threat to the livestock or poultry industries, the director may issue lawful orders and adopt rules he deems necessary.

B. The state veterinarian may enter any place where a suspected animal or poultry may be and take custody of the animal or poultry for the purpose of determining the presence of a contagious, infectious or communicable disease.

C. The director may direct the state veterinarian and agency employees to:

1. Establish quarantines and define their boundaries.

2. Destroy animals or poultry when necessary to prevent the spread of any infectious, contagious or communicable disease.

3. Appoint appraisers for the purpose of indemnifying owners of animals or poultry destroyed.

4. Control the movement of animals or poultry, animal or poultry products and agricultural products which may be directly related to dissemination of diseases affecting the livestock or poultry industries.

D. Any person who violates any lawful order or rule issued pursuant to the provisions of subsection A, or breaks any quarantine established by the state veterinarian for the prevention and control of disease among livestock or poultry, is guilty of a class 2 misdemeanor.



3-1206. Suspension, revocation or termination of licenses and agreements; hearing
A. Any license issued by the division may be suspended or revoked for violation or noncompliance with:
1. Any provision of this title.
2. Any rule issued pursuant to this title.
3. Any condition of the license.

B. A license or agreement may be suspended, revoked or otherwise terminated or a civil penalty or other administrative sanction may be imposed only after a hearing conducted pursuant to title 41, chapter 6, article 10.


3-1207. Cooperation with United States

A. In addition to other powers and duties conferred upon him by law, the director may cooperate with the animal and plant health inspection service of the United States department of agriculture, or other agency of the United States vested with similar powers and duties, in the control of foot and mouth disease, pleuro-pneumonia, rinderpest, surra and other contagious or infectious diseases of animals, and contagious or infectious diseases of poultry.

B. Inspectors of the animal and plant health inspection service may exercise all rights and authority granted to livestock officers, but they do not have enforcement powers granted to livestock officers.


3-1208. Livestock officers and inspectors; conditions of employment

A. An applicant for employment as a livestock officer or inspector must successfully complete, first, a written examination of the applicant's knowledge of animal husbandry and livestock laws and, second, a field test of his knowledge of brands, breeds and livestock handling.

B. Within twelve months after employment a livestock officer must successfully complete the law enforcement training course prescribed by the Arizona peace officer standards and training board in order to achieve permanent state employee status.

C. The director may authorize employment of livestock inspectors to inspect livestock on a full-time, part-time or seasonal basis. Livestock inspectors may exercise all rights and authority granted to livestock officers, but they do not have enforcement powers granted to livestock officers except as specifically provided by law.

D. The director may assign personnel from the office of inspections to perform any of the inspections prescribed by this chapter under the direction of the associate director.

E. Livestock officers and inspectors shall take the oath of office on employment.


3-1209. Counterfeiting

A. No brand manufacturer, printer, or other person, firm or corporation shall cast, print, lithograph or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the department.

B. No person, firm, or corporation shall:
1. Forge any official device, mark or certificate.
2. Without authorization from the department use any official device, mark, or certificate or simulation thereof, or alter, detach, deface or destroy any official device, mark or certificate.
3. Contrary to the rules prescribed by the director, fail to use or detach, deface or destroy any official device, mark or certificate.
4. Knowingly possess, without promptly notifying the department or its representative, any official device or any counterfeit, simulated, forged or improperly altered official certificate or any device or label or any carcass of any animal or part or product thereof bearing any counterfeit, simulated, forged or improperly altered official mark.
5. Knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the rules prescribed by the director.
6. Knowingly represent that any article has been inspected and passed or exempted under this chapter when in fact it has not been so inspected and passed or exempted.


3-1210. Disposition of monies

Monies collected under the provisions of this title relating to livestock, except those collected for acknowledgments, shall be paid to the department and deposited, pursuant to 35-146 and 35-147, in the state general fund, unless otherwise specifically provided.


3-1211. State veterinarian; qualifications

A. The associate director, with the approval of the director and after consulting with the division council, shall employ a state veterinarian pursuant to title 41, chapter 4, articles 5 and 6.

B. The person employed shall be a skilled veterinarian who is a graduate of a recognized school of veterinary medicine and licensed to practice veterinary medicine in this state.


3-1212. Private practice prohibited

The state veterinarian shall devote his entire time to the duties of his office and shall not engage in private practice.


Amended in 1997, 2000.
Reviewed and updated by AAHS in December 2001.
Reviewed and updated by AAHS in May 2003.


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