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4-4-1 Legislative intent.
Because of the existing and increasing possibility of the occurrences of highly contagious
or infectious diseases which threaten to destroy the livestock of this state and because
certain known agents and vectors are instrumental in the spread of certain highly
contagious or infectious diseases in livestock, it is found and declared to be necessary
to:
(1) Regulate the feeding of garbage;
(2) Regulate the rendering of the carcasses of dead domestic animals;
(3) Protect areas of this state free of disease by quarantine against the introduction of such diseases;
(4) Quarantine infected areas against the spread of such diseases therefrom; and
(5) Undertake to eradicate, control, suppress, and prevent such contagious or infectious diseases and make provisions therefor.
4-4-1.1 "Livestock" defined.
As used in this chapter, the term:
(1) "Livestock" means cattle, swine, equines, poultry, sheep, goats, ratites, nontraditional livestock, and ruminants.
(2) "Nontraditional livestock" means the species of Artiodactyla (even-toed ungulates) listed as bison, water buffalo, farmed deer, llamas, and alpacas that are held and possessed legally and in a manner which is not in conflict with the provisions of Chapter 5 of Title 27 dealing with wild animals.
4-4-2 Promulgation of rules and regulations.
The Commissioner of Agriculture is authorized to promulgate rules and regulations as may
be necessary to effectuate the purpose of this article.
4-4-2.1 Fees for services rendered to A.P.H.I.S. programs.
The Commissioner is authorized by rule or regulation to establish, impose, and provide for
the collection of reasonable fees for services rendered by the department or its employees
or agents in connection with federal programs administered by the United States Department
of Agriculture, Animal and Plant Health Inspection Service pursuant to 5 U.S.C. Section
5542; 7 U.S.C. Section 1622; 19 U.S.C. Section 1306; 21 U.S.C. Sections 102 through 105,
111, 114, 114a, 134a, 134c, 134d, 134f, 136, and 136a; or 7 C.F.R. 2.22, 2.80, and
371.2(d) (1-1-99 Edition); provided, however, no fees shall be imposed or collected under
this Code section for any services rendered for primates or wild animals. The fees so
established shall be sufficient in amount to reimburse the state for the cost incurred by
the department in providing and administering such services.
4-4-3 Injunctions.
In addition to the remedies provided in this article and notwithstanding the existence of
any adequate remedy at law, the Commissioner is authorized to apply to the superior court
for an injunction. Such court shall have jurisdiction, upon hearing and for cause shown,
to grant a temporary or permanent injunction, or both, restraining any person from
violating or continuing to violate any of the provisions of this article or for failing or
refusing to comply with the requirements of this article or any rule or regulation adopted
by the Commissioner thereunder. An injunction issued under this Code section shall not
require a bond.
4-4-4 Administrative hearings and penalties.
(a) The Commissioner, in order to enforce this article or any orders, rules, or
regulations promulgated pursuant thereto, may issue an administrative order imposing a
penalty not to exceed $1,000.00 for each violation whenever the Commissioner, after a
hearing, determines that any person has violated any provision of this article or any
quarantines, orders, rules, or regulations promulgated thereunder.
(b) The initial hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by any final order or action of the Commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All penalties recovered by the Commissioner as provided for in this article shall be paid into the state treasury. The Commissioner may file in the superior court wherein the person under order resides or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business or in the county wherein the violation occurred a certified copy of a final order of the Commissioner unappealed from or of a final order of the department affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though said judgment had been rendered in an action duly heard and determined by said court. The penalty prescribed in this Code section shall be concurrent, alternative, or cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the Commissioner with respect to any violation of this article and any quarantines, orders, rules, or regulations promulgated pursuant thereto.
4-4-5 Enforcement of chapter.
(a) The Commissioner is vested with police powers to enforce this chapter and the rules
and regulations adopted pursuant to this chapter.
(b) The Commissioner is authorized to employ, designate, deputize, and delegate to employees of the department the necessary authority to enforce this chapter and the rules and regulations adopted pursuant to this chapter. Employees who have been so designated by the Commissioner and who have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," are authorized:
(1) To carry firearms authorized or issued by the Commissioner while in the performance of their duties;
(2) To inspect any livestock found within this state;
(3) To stop and inspect any vehicle transporting livestock in this state;
(4) To inspect and require the production of health certificates, waybills, permits, or other documents required by federal or state laws, rules, regulations, or orders for the transportation of livestock; and
(5) To arrest any person found to be in violation of this chapter.
(c) From funds appropriated or available to the department, the Commissioner is authorized to provide motor vehicles, uniforms, firearms, and any other equipment and supplies needed by employees of the department to carry out this chapter.
(d) This Code section shall not repeal, supersede, alter, or affect the power of any
other law enforcement officer of this state or of any county, municipality, or other
political subdivision of this state to enforce this chapter. At the request of the
Commissioner of Agriculture, it shall be the duty of all state, county, municipal, and
other law enforcement officers in this state to enforce and to assist the Commissioner and
the employees and agents of the department in the enforcement of this chapter.
§ 4-4-6. Reporting of certain animal diseases and syndromes
(a) The Commissioner is authorized to declare certain animal diseases and syndromes to be diseases requiring notice and to require the reporting thereof to the department in a manner and at such times as may be prescribed by the Commissioner. The department shall require that such data be supplied as is deemed necessary and appropriate for the prevention and control of certain diseases and syndromes as are determined by the Commissioner. All such reports
and data shall be deemed confidential and shall not be open to inspection by the public; provided, however, that the Commissioner may release such reports and data in statistical form, for valid research purposes, and for other purposes as deemed appropriate by the Commissioner.
(b) Any person, including, but not limited to, any veterinarian or veterinary diagnostic laboratory and practice personnel and any person associated with any livestock farm, ranch, sales establishment, transportation, or slaughter, submitting reports or data in good faith to the department in compliance with this Code section shall not be liable for any civil damages therefor.
(c) Any person violating any provision of this Code section shall be guilty of a misdemeanor.
4-4-60 Extermination of parasites and development of livestock industry under supervision
and control of Commissioner; employment of inspectors and veterinarians; public report.
The work of exterminating the cattle fever tick, screwworm, and other parasites and of
developing the livestock industry in this state shall be under the supervision and control
of the Commissioner, who is authorized to employ persons qualified to act as livestock
inspectors and supervising veterinarians. The Commissioner shall publish a detailed
statement annually of the expenditures and progress of this work for free public
distribution.
4-4-61 Duties of livestock inspectors and supervising veterinarians generally.
It shall be the duty of all livestock inspectors and supervising veterinarians employed by
the Commissioner to enforce the provisions of this part and any rule, regulation, or order
made pursuant thereto.
4-4-62 Right of entry of inspectors.
The Commissioner or any duly authorized livestock inspector is authorized and empowered,
in the discharge of the duties imposed upon him by this part, to enter the premises or any
barn or building where livestock are temporarily or permanently kept in this state.
4-4-63 Appointment of federal livestock inspectors as state livestock inspectors.
The Commissioner may appoint or commission federal veterinarians or livestock inspectors
to work as state livestock inspectors, provided that they shall act without pay from the
state.
4-4-64 Establishment and maintenance of quarantine lines for protection of livestock
generally.
(a) As used in this Code section, the term "animal" means the domestic animals
and livestock of this state, including poultry.
(b) In addition to any other quarantine and inspection duties imposed by law, the Commissioner shall establish quarantine lines against the introduction of any animals, any animal carcasses or parts thereof, any biological products or preparations, or any live viruses or other disease vectors when in his judgment such a quarantine is necessary for the protection of the livestock of this state from any contagious or infectious disease. The Commissioner is authorized to make such rules and regulations as he may deem necessary to prevent, suppress, control, and eradicate such contagious or infectious diseases. The Commissioner may allow the movement into the quarantined area of the types of animals or products against which quarantine is imposed when, after inspection, he is satisfied that the animals or products being moved into the quarantined area are free of disease or that they will be handled so as not to introduce or spread disease.
4-4-65 Maintenance of quarantine along state borders to prevent introduction of parasites
or diseases into state.
The Commissioner shall provide and maintain an effective quarantine along the borders of
Georgia by the use of patrols or in such other manner as in his judgment will prevent the
introduction of cattle fever tick, screwworm, or other parasites or other contagious or
infectious diseases into the state.
4-4-67 Establishment of quarantines in areas in which livestock affected with or exposed
to contagious or infectious disease; transportation of livestock within and from
quarantined areas.
(a) The Commissioner or any duly authorized livestock inspector is authorized and required
to quarantine any stall, lot, yard, pasture, field, farm, premises, packing house,
rendering plant, town, city, militia district, county, or any part thereof or the whole of
the state when he shall determine that livestock in such place or places are affected
with, exposed to, or suspected of being exposed to a contagious or infectious disease or
with anything which might cause such disease. The Commissioner or any livestock inspector
shall provide written or printed notice of the establishment of such quarantine to the
owners or keepers of such livestock and to the proper officers of railroad, steamboat,
motor vehicle, or other transportation companies doing business in or through the
quarantined territory.
(b) No such transportation company shall receive for transportation or shall transport livestock from any quarantined area to any nonquarantined area, except as provided for in this part. No person, company, corporation, or other entity shall drive or cause to be driven or permit to go astray any livestock from any quarantined area to any nonquarantined area, except as provided for in this part.
(c) Livestock may be moved within a quarantined area or removed from a quarantined area only under and in compliance with the rules and regulations of the Commissioner. It shall be unlawful to move livestock within or from a quarantined area in any other manner or under any conditions other than those prescribed by the rules and regulations of the Commissioner.
4-4-68 Employment of veterinary surgeon or expert.
(a) When the Commissioner receives a request to investigate, treat, or otherwise prevent
the spread of an infectious or contagious disease affecting the livestock of a county, he
shall employ a competent veterinary surgeon or expert to investigate the causes of the
disease, to treat the same, and otherwise prevent its spread.
(b) The Commissioner is authorized to fix the compensation of the veterinary surgeon or expert.
4-4-69 Regulation of manufacture and use of disease vectors.
(a) As used in this Code section, the term "disease vector" means any agent or
material which has the power to produce or spread disease in livestock.
(b) No experimental or research work, except at or under the direction of the College of Veterinary Medicine of the University of Georgia, the Georgia Poultry Improvement Association Laboratory, the College of Agricultural and Environmental Sciences of the University of Georgia, and the state agricultural experiment stations, shall be carried on in this state with any live virus or any other disease vector. No such virus or disease vector shall be manufactured or distributed in this state except under permit issued by the Commissioner and conditioned, as in his judgment necessary, to prevent the spread of such disease.
(c) This Code section shall not apply to the county health departments, the Department of Human Resources, the United States Department of Health and Human Services, accredited medical and dental colleges and universities, approved hospitals, approved medical centers, or foundations engaged in medical research, diagnosis, or treatment of the diseases of man.
4-4-70 Conduct of programs to eradicate contagious or infectious diseases generally.
Whenever it is determined by the Commissioner, in cooperation with the United States
Department of Agriculture, that a contagious or infectious disease should be eradicated,
the Commissioner is authorized to take whatever steps are necessary to eradicate the
disease. Owners, renters, or persons in possession of livestock or premises infected with
such a disease shall be required to disinfect the premises and to destroy the cause or
causes of the contagious or infectious disease, including the destruction of those
livestock on the premises, under the supervision and direction of the Commissioner or his
duly authorized representative. The cost of destroying the cause or causes or sources of
infection of a contagious or infectious disease which is sought to be eradicated shall be
borne by the owner, renter, or person in possession of the infected or quarantined
premises. However, when budget conditions permit or when federal matching funds are
available, the Commissioner may participate in the cost of eradication and is authorized
to expend such funds as are available.
4-4-71 Cooperation of Commissioner with other officials in establishing quarantine lines.
The Commissioner shall cooperate with officials of other states and with the secretary of
agriculture of the United States in establishing quarantine lines.
4-4-72 Indemnification of owners of livestock destroyed in eradication of diseases.
(a) The Commissioner is authorized, in cooperation with the United States Department of
Agriculture, to indemnify the owner of livestock destroyed in eradicating any infectious
or contagious disease, upon such basis and appraisal as the federal government prescribes;
but in no event shall the state pay more than one-half of the indemnity and cost incident
to the eradication.
(b) In the case of public stockyards, meat packing establishments, slaughterhouses, community sales, and licensed garbage feeders, the state shall not pay in participation with the United States Department of Agriculture more than one-third of the indemnity and cost incident to the eradication. However, the Commissioner may make indemnity payments inapplicable to garbage feeders if in any case he finds the feeding of garbage to be a source of such disease.
(c) Any person, firm, partnership, or corporation which shall violate any quarantine law or rule and regulation thereunder shall be ineligible for indemnity.
(d) The Commissioner is authorized, in the eradication of any infectious or contagious disease, to indemnify the owner of livestock destroyed in eradicating the disease in those instances in which the United States Department of Agriculture cannot participate in the payment of the indemnity.
(e) The limits on the amount of payment to be made by the state as set out in this Code section shall have no application to payments in excess of such limits authorized by law for the purpose of elimination of swine mycobacteriosis.
4-4-73 Transfer of state funds to eradication programs for purposes of matching federal
funds.
For the purpose of matching available federal funds where state funds are insufficient,
the Governor may transfer money from any available funds in the state treasury to a
program of eradication of a contagious or infectious disease, which program is supported
by federal funds, contingent on matching state funds. The money so transferred shall be
repaid to the fund from which it was taken when money becomes available for that purpose
by legislative appropriation or otherwise.
4-4-74 Penalty for violation of quarantine.
Any person, firm, partnership, or corporation which violates any quarantine provision,
rule, or regulation established by the Commissioner under the authority of law for the
protection of the livestock and domestic animals of this state shall be guilty of a
misdemeanor.
4-4-75 Interfering with Commissioner or livestock inspectors.
Any person who shall forcibly resist, oppose, assault, prevent, impede, or interfere with
the Commissioner or any duly authorized livestock inspector in the execution of his duties
or on account of the execution of such duty shall be guilty of a misdemeanor.
4-4-76 Importation of diseased livestock.
Any person who shall knowingly import within the limits of this state any livestock with
contagious diseases, except distemper, shall be guilty of a misdemeanor.
4-4-110 Short title.
This article may be cited as the "Georgia Equine Act."
4-4-111 Definitions.
As used in this article, the term:
(1) "Bond" means a written instrument, issued or executed by a bonding, surety,
or insurance company licensed to do business in this state, guaranteeing that the person
bonded shall faithfully fulfill the terms of the contract of purchase and guarantee the
payment of the purchase price of all equines purchased by him, made payable to the
Commissioner for the benefit of persons sustaining loss resulting from the nonpayment of
the purchase price or the failure to fulfill the terms of the contract of purchase.
(2) "Dealer" or "broker" means any person, firm, or corporation
engaged in the business of buying equines of any kind for resale or in selling equines of
any kind bought for the purpose of resale or in buying equines of any kind for slaughter;
and every agent acting for or on behalf of any dealer or broker or livestock market
operator is, for the purpose of this article, a
dealer or broker; provided, however, that any persons acquiring equines for the purpose of
using them as a part of their operations or for pleasure only are exempt from the
definition herein applicable to dealer or broker. (3) "Equine" includes horses,
mules, asses, and any other members of the Equidae species.
(4) "Livestock market operator" means any person, firm, or corporation engaged
in the business of operating public auctions or sales of equines or of operating barns and
yards for the containment of equines held for the purpose of auction or sale.
(5) "Special sale" means any sale by a dealer, broker, or livestock market
operator held at a time other than a regularly scheduled time; provided, however, that any
sale by any individual of his own entire stock of equines or part thereof on his own
premises shall not be considered a special sale.
4-4-112 Sale, auction, transfer, or moving of equines.
No dealer, broker, or livestock market operator shall sell, auction, transfer, or move any
equines which are infected with any infectious or contagious disease or which have been
placed under quarantine by the authority of the Commissioner. No dealer, broker, or
livestock market operator shall sell, auction, transfer, or move any equines which are
infected with or which are suspected of being infected with or which are likely to have
been exposed to an infectious or contagious disease until all such equines have been
inspected by a veterinarian approved by the Commissioner. No dealer, broker, or
livestock market operator shall sell, auction, transfer, or move any equines from any
barn, yard, or premises unless all sanitary practices and precautions prescribed by the
rules and regulations of the Commissioner have been observed
in such premises, barn, or yard.
4-4-113 Licensing and bonding requirements generally.
(a) No livestock market operator engaged in the sale of equines shall engage in or carry
on such business without first applying for and obtaining a license from the Commissioner;
no equine dealer or broker who buys or sells through a livestock market operator shall
engage in or carry on such business without first applying for and obtaining a license
from the Commissioner, provided that such licenses shall be permanent until canceled,
suspended, revoked, or surrendered; such licenses shall be nontransferable and free of
charge. Any person, firm, or corporation commencing operation of a new sales establishment
for the sale of equines at auction and any dealer or broker commencing such a business
shall, prior to obtaining a license, post a bond as required by this Code section. The
provisions of this Code section requiring the posting of a bond shall not apply to any
authorized agent of a person, firm, or corporation having posted the bond required by this
Code section, when such agent is acting for and on behalf of such principal.
(b) No person shall operate a sales establishment for the sale of equines at auction
unless he has then in force a bond in an amount calculated as follows:
(1) If the annual sales of the establishment are $2,600,000.00 or less, the amount of the
bond shall be one fifty-second of the amount of annual sales but not less than $10,000.00;
(2) If the annual sales of the establishment are more than $2,600,000.00, the amount of
the bond shall be $50,000.00 plus one fifty-second of the amount of annual sales in excess
of $2,600,000.00 times a factor of 0.20; or
(3) An amount calculated under paragraph (1) or (2) of this subsection, if not a multiple
of $5,000.00, shall be rounded to the nearest higher multiple of $5,000.00.
(c) No dealer or broker shall purchase equines at any sales establishment or directly from
producers unless he has then in force a bond in an amount calculated as follows:
(1) Determine a number which is the number of days during the preceding year on which the
dealer or broker did business;
(2) Divide the total dollar value of livestock purchased by the dealer or broker during
the preceding year by the lesser of:
(A) One-half of the number determined under paragraph (1) of this subsection; or
(B) One hundred thirty;
(3) Adjust the amount obtained under paragraph (2) of this subsection as follows:
(A) If the amount obtained under paragraph (2) of this subsection is $10,000.00 or less
then the amount of the bond shall be $10,000.00;
(B) If the amount obtained under paragraph (2) of this subsection is more than $10,000.00
but not more than $75,000.00 then that amount shall be the amount of the bond; or
(C) If the amount obtained under paragraph (2) of this subsection is more than $75,000.00
then the amount of the bond shall be the sum of $75,000.00 plus 10 percent of the amount
by which the amount obtained under paragraph (2) of this subsection exceeds $75,000.00;
and
(4) An amount calculated under paragraph (3) of this subsection, if not a multiple of
$5,000.00, shall be rounded up to the nearest multiple of $5,000.00.
(d) Any equine dealer, broker, or sales establishment operator who would otherwise be
required by this Code section to post a bond and who has posted a current livestock
dealer's, broker's, or sales establishment's bond under Chapter 6 of this title shall not
be required to post any bond under this Code section if such livestock dealer's, broker's,
or sales establishment's bond, in addition to meeting all requirements of Chapter 6 of
this title, meets the requirements of paragraph (1) of Code Section 4-4-111.
(e) In calculating amounts of bonds under this Code section, the total amount of annual
sales or annual purchases for the preceding calendar year shall be used; but, if an
applicant for a license does not have an annual sales history, the Commissioner shall
estimate the amount of annual sales or annual purchases which will occur.
(f) (1) As used in this subsection, the term "special sale" means any sale of
equines, except a regular sale at an establishment and any sale by a farmer of equines
owned by the farmer, with payment made directly to the farmer.
(2) The Commissioner is authorized to prescribe rules and regulations for the operation of
special sales. No person shall hold a special sale without obtaining a permit therefor
from the Commissioner or his duly authorized representative, which shall be granted
without charge upon submission of proof satisfactory to the Commissioner that the person
applying for the
permit is bonded in an amount equal to one-fourth of the anticipated proceeds of the sale;
provided, however, such bond shall be not less than $10,000.00 and not more than
$150,000.00 in amount.
(3) Associations holding sales of equines consigned by members of the association only
shall not be required to procure a bond if the directors of the association accept full
responsibility for financial obligations of sale and release the Commissioner, in writing,
from any responsibility.
4-4-114 Suspension, cancellation, or revocation of licenses.
Every licensed dealer, broker, livestock market operator, or other person subject to this
article who shall violate this article or rules and regulations established by the
Commissioner pursuant to this article shall have his license revoked, canceled, or
suspended, upon a notice and hearing.
4-4-115 Inspections; maintenance of equines by persons to whom article applies.
The Commissioner is authorized to have inspections conducted of the equines, of any
premises where equines are kept or sold, or of any licensed dealer, broker, livestock
market operator, or any other individual to whom this article is applicable. Any licensed
dealer, broker, livestock market operator, or any other individual subject to this article
shall maintain equines in good, healthy condition.
4-4-116 Sales of equines to be in compliance with article, rules, and regulations.
No dealer, broker, livestock market operator, or other individual to whom this article is
applicable shall hold or conduct any sale of equines, whether a regular sale or a special
sale, without complying with the terms of this article and all rules and regulations
promulgated under this article.
4-4-117 Veterinary services at equine sales; fees.
All licensed dealers, brokers, livestock market operators, or other individuals to whom
this article is applicable shall furnish at all sales, including special sales, the
services of a licensed, accredited veterinarian, who shall provide veterinary services
necessary and consistent for animal health. Such veterinarian shall be paid reasonable
fees for services rendered
by the person on whose behalf such services are rendered.
4-4-118 Use of drugs, tranquilizers, and medications which result in
misrepresentation in sale of equines.
The Commissioner may enact, promulgate, and enforce rules and regulations prohibiting or
regulating the use of drugs, tranquilizers, or medications which he determines may conceal
defects, falsely enhance the appearance of quality, or otherwise result in
misrepresentation in the sale of equines. Such regulations may provide for tests to
determine the presence of such drugs, tranquilizers, or medications in equines within a
reasonable period prior to sale and may provide for the cost of such tests to be paid by
the buyer.
4-4-119 Certification of health of animals transported into state.
The Commissioner is authorized to require any person, firm, or corporation transporting an
equine into this state from any other state to furnish him with a certificate from an
accredited veterinarian from the state of origin of such equine, certifying that such
equine has not recently been exposed to any contagious or infectious disease, that the
animal's temperature is normal, and that the animal is free of any contagious or
infectious disease.
4-4-120 Quarantines.
In the control, suppression, prevention, and eradication of equine diseases, the
Commissioner or any duly authorized representative acting under his authority is
authorized and required to quarantine an animal, premises, or any area when he shall
determine that equines in such place or places are infected with a contagious or
infectious disease, that the unsanitary condition of such place or places might cause the
spread of such disease, that the animal has or has been exposed to any contagious or
infectious disease, or that the owner or occupant of such place or places is not observing
sanitary practices prescribed under the authority of this or any other equine law of this
state.
4-4-121 Eradication programs.
(a) Whenever it is determined by the Commissioner that a contagious or infectious disease
should be eradicated, the Commissioner is authorized to take whatever steps are necessary
to eradicate the disease. Owners, renters, or persons in possession of equines or premises
infected with such a disease are required to disinfect the premises and to destroy the
cause or causes of the contagious or infectious disease, including the destruction of
those equines within the premises, under the supervision and direction of the Commissioner
or his duly authorized representative.
(b) The cost of destroying the cause or causes or sources of infection of a contagious or
infectious disease which is sought to be eradicated shall be borne by the owner, renter,
or person in possession of the infected equines or premises; except that, when budget
conditions permit, the Commissioner may participate in the cost of eradication and is
authorized to expend such funds as are available.
4-4-122 Indemnification for equines eradicated.
The Commissioner is authorized, to the extent of funds available, in the eradication of
any infectious or contagious disease, to indemnify the owner of equines destroyed in
eradicating the disease, upon such basis and appraisal as the Commissioner may prescribe,
provided that any person, firm, partnership, or corporation which shall violate any
quarantine or rule or regulation under this article shall be ineligible for indemnity.
4-4-123 Establishment of compounds and research programs to control or eradicate
equine infectious anemia.
(a) Any person, firm, corporation, company, cooperative, association, or other entity is
authorized to set up or establish compounds at various places in the state where animals
may be taken in order to control, suppress, prevent, and eradicate the equine disease
known as "equine infectious anemia" (also known as swamp fever, EIA, and slow
fever). It shall be unlawful to establish or operate any such compound without a license
issued by the Commissioner. The Commissioner is authorized to issue licenses and to
establish, promulgate, and adopt rules, regulations, and standards governing the
establishment, construction, design, maintenance, and operation of such compounds. The fee
for such licenses shall be $25.00 per annum, and such licenses shall be renewable
annually.
(b) The Commissioner is authorized to establish research programs for the purpose of
developing a vaccine or method for the control or eradication of such equine disease in
this state.
4-4-124 Transfer of state funds for use in programs to eradicate contagious or
infectious diseases; repayment of funds.
Whenever a program of eradication of a contagious or infectious disease requires funds in
excess of funds available for the purpose of eradicating such disease, the Governor may
transfer from any available funds in the state treasury such sum of money as may be
necessary to meet such emergency; and such money so transferred shall be repaid to the
fund from which transferred when money becomes available for that purpose by a legislative
appropriation or otherwise.
4-4-125 Promulgation of rules and regulations.
The Commissioner is authorized to formulate, adopt, promulgate, and enforce rules and
regulations for the purpose of implementing this article.
4-4-126 Injunctions.
The Commissioner is authorized to seek an injunction against any person, firm, or
corporation to which this article is applicable for violation of any provision of this
article or any rules or regulations promulgated thereunder. The superior court of the
county in which venue is proper shall have jurisdiction upon hearing and for cause shown
to grant a temporary or permanent injunction restraining any person from committing such
violation, notwithstanding the existence of an adequate remedy at law.
4-4-127 Penalty for violations of article, rules, or regulations.
Any dealer, broker, livestock market operator, or other person subject to this article who
violates any provision of this article, any quarantine provision, or any rule or
regulation established by the Commissioner under the authority of this or other laws for
the protection of the general public in the prevention of equine diseases shall be guilty
of a misdemeanor.
Amended in 2000, 2002.
Reviewed and updated by AAHS in December 2001.
Reviewed and updated by AAHS in May 2003.
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