47-604. Penalty for violating quarantine.
Any person who knowingly and intentionally violates, disregards or evades, or attempts to violate, disregard or evade any order establishing or regulating a quarantine issued pursuant to article 6 of chapter 47 of the Kansas Statutes Annotated, and amendments thereto, upon a first conviction shall be guilty of a class A misdemeanor. On a second or subsequent conviction of a violation of this section, such person shall be guilty of a class D felony.
47-605. Oaths and affirmations.
For the purpose of this act, the livestock commissioner is hereby authorized and empowered to administer oaths and affirmations.
47-607. Unlawful to transport uninspected animals into state; certificates of health required; rules and regulations of livestock commissioner; special quarantine.
(a) It shall be unlawful for any person or persons to bring, drive or transport any cattle, calves, sheep, swine, horses, mules, goats, domesticated deer, as defined in K.S.A. 47-1001, and amendments thereto, any creature of the ratite family that is not indigenous to this state, including but not limited to ostriches, emus and rheas, or any other animal that may be used in the preparation of meat or meat products into the state of Kansas, without first having caused such animal or animals to be inspected and passed under certificate of health as required by the livestock commissioner of this state.
(b) All shipments and movements of livestock into the state of Kansas upon a public highway shall be accompanied by any such certificates of health or permits required by the livestock commissioner. The livestock commissioner shall prescribe, by rules and regulations, procedure whereby certificates of health and other required statements and declarations may be submitted to the commissioner at the time of shipment.
(c) The livestock commissioner is authorized to issue a special quarantine on such conditions as the commissioner deems necessary to prevent the spread of infectious and contagious diseases in the state of Kansas and on the condition that, if any such livestock upon inspection by an authorized veterinarian are found not to be free and clear of infectious and contagious diseases, the same shall be: (1) Forthwith disposed of by the owner or possessor thereof either by: (A) Sale at a public market for immediate slaughter; (B) delivery at a licensed disposal plant; or (C) return to place of origin; or (2) held by the owner or possessor thereof under quarantine of and subject to the orders and rules and regulations of the livestock commissioner.
47-607a. Transportation of uninspected animals into state; special permit may be required to cross state line.
When the livestock commissioner of this state determines that a special permit is required to move any or all kinds or species of livestock into or through the state of Kansas, the livestock commissioner may declare that no person or persons, firm, corporation, railway, aerial or motor transportation company, or individual owner of a truck, or the agents thereof, shall ship, trail, permit to cross the state line or in any manner transport any class of livestock into the state of Kansas from any other area, state or states designated by the livestock commissioner, without first obtaining a special permit, by wire, letter or telephone, from the livestock commissioner at Topeka, Kansas. Such special permit or the authorized permit number of such special permit shall accompany such shipment of livestock into the state of Kansas.
47-607c. Same; penalties for violations.
Any person or persons violating or failing to comply with the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail not less than thirty (30) days nor more than one (1) year, or by both such fine and imprisonment.
47-607d. Same; rules and regulations.
The livestock commissioner may adopt such rules and regulations as necessary to carry out the purposes of this act.
47-608. Livestock commissioner to cooperate with federal officers.
The livestock commissioner is hereby authorized and directed to cooperate with the secretary of agriculture of the United States, or any officer or authority of the general government, in the suppression and extirpation of contagious diseases among domestic animals and in the enforcement and execution of all acts of congress to prevent the importation and exportation of diseased animals and the spread of infectious or contagious diseases among domestic animals.
47-610. State quarantine, sanitary and other regulations; veterinarian; compensation.
The state livestock commissioner is hereby directed to protect the health of domestic animals of the state from all contagious or infectious diseases and for this purpose is hereby authorized and empowered to establish, maintain and enforce such quarantine, sanitary and other regulations as necessary. If the livestock commissioner requires the assistance of technical knowledge, experience or skill to carry out the duties of the livestock commissioner, the livestock commissioner may command the services of any competent veterinarian or may call upon the dean of the college of veterinary medicine, Kansas state university at Manhattan, Kansas, for that purpose. In case the dean of the college of veterinary medicine, Kansas state university is called, the dean shall receive actual and necessary expenses in the performance of such duties as full compensation for such services. If any other veterinarian is employed, such veterinarian shall receive such actual and necessary expenses and reasonable compensation for such services.
47-611. Quarantine and other regulations; notice of quarantine; proclamation by governor; enforcement; direction by governor; assistance of any state agency.
(a) When the commissioner determines that a quarantine and other regulations are necessary to prevent the spread among domestic animals of any contagious or infectious disease, the commissioner shall notify the governor of such determination, and the governor shall issue a proclamation announcing the boundary of such quarantine and the orders and rules and regulations prescribed by the commissioner, which proclamation shall be published in the Kansas register, except that the commissioner, if the area affected by the quarantine is limited in extent, may dispense with the proclamation of the governor and give such notice as the commissioner shall deem sufficient to make the quarantine effective.
(b) Upon a determination by the governor that a quarantine or other regulations are necessary to prevent the spread among domestic animals of any contagious or infectious disease, the governor shall direct the commissioner to establish a quarantine pursuant to this section.
(c) The governor may require and direct the cooperation and assistance of any state agency in enforcing such quarantine or other regulations pursuant to subsection (a) or (b).
(d) The commissioner shall establish such quarantine immediately and shall give and enforce such directions, rules and regulations as to separating, isolating, handling and treating, feeding and caring for such diseased animals, animals exposed to the disease and animals within the quarantine which have not been immediately exposed, as the commissioner deems necessary to prevent those classes of animals from coming into contact with one another.
(e) The livestock commissioner or the commissioner's designee is hereby authorized and empowered to enter any grounds and premises to carry out the provisions of this act.
47-612. Delivery of animals into quarantine; payment of costs and expenses; sale.
Whenever the livestock commissioner determines that certain animals within the state are capable of communicating infectious or contagious disease, the commissioner may issue an order to the sheriff of the county or to any agent, inspector or authorized representative of the livestock commissioner in which such animals are found, commanding such individuals to take into custody and keep such animals subject to such quarantine regulations as the livestock commissioner may prescribe, until such time as the commissioner directs such person to deliver such animals to their owner or owners or to the agent of the owner or owners. Before any animals are delivered, there shall be paid by the owner thereof to the livestock commissioner all the costs and expenses of taking, detaining and holding and caring for the animals. In case such costs and expenses are not paid at the time fixed by the livestock commissioner, the officer having custody of such animals shall advertise, in the same manner as provided by law in case of sale of personal property on execution, that the officer will sell such animals or such portion thereof as may be necessary to pay such costs and expenses, together with the costs and expenses of such sale, and at the time and place so advertised the officer shall proceed to sell as many of the animals as may be necessary to pay for such cost and expenses and the expenses of such sale. Upon such sale the officer shall without delay pay to the owner any amount so received in excess of the legal fees and expenses of such officer, and any officer performing any of the duties directed in this section or any other section of this act shall receive the same compensation therefor as is prescribed by law for similar services. In case such fees cannot be collected by sale of such stock, they shall be paid by the county in which such stock was held.
47-613. Quarantine duties of sheriff.
The sheriff to whom the existence of any contagious or infectious disease of domestic animals is reported shall proceed without delay to the place where such domestic animal or animals are and examine the same, and shall report immediately the result of such examination to the livestock commissioner. The sheriff shall enforce such temporary quarantine regulations as the livestock commissioner may direct to prevent the spread of such disease, until the livestock commissioner provides and orders suitable permanent quarantine rules and regulations. No sheriff who takes or detains such animals under the provisions of this act shall be liable to the owner or owners of such animals for any damages by reason of such taking or detention or by reason of the performance of any other duties directed by law.
47-614. Killing unconfined, diseased or exposed animals.
When in the opinion of the commissioner it shall be necessary to prevent the spread of any contagious or infectious diseases among the domestic animals of this state, to destroy animals affected with or which have been exposed to any such disease, or which are unconfined in violation of any quarantine order, he shall determine what animals shall be killed and cause the same to be killed and the carcasses disposed of as in his judgment will best protect the health of the domestic animals of the locality.
47-615. Same; appraisement; inventory; payment to owner.
Whenever the commissioner shall direct the killing or disposition of any domestic animal or animals, except dogs, it shall be the duty of the commissioner, in conjunction with the chairman of the county board of county commissioners of the county in which the said animals are located, and the owner of the condemned animals, to appraise the animal or animals to be killed or disposed of, and he shall make an inventory of the animal or animals condemned, and in fixing the value thereof the commissioner and chairman shall be governed by the value of such animal or animals at the time of the first appearance of the disease: Provided, That unless otherwise expressly provided only one-half of such appraised value of such animals shall be paid to the owner.
47-616. Same; right of indemnity.
When any animal or animals are killed under the provisions of this act by order of the commissioner, the owner of such animal or animals shall be paid for such animal or animals such proportion of the appraised value as fixed by the appraisement as provided by law. The right of indemnity on account of animals killed by order of the commissioner under the provisions of this act shall not extend: (a) To animals killed on account of rabies; (b) to the owner of animals which have been brought into the state in a diseased condition, or from a state, country, territory or district in which the disease with which the animal is infected or to which it has been exposed exists; (c) to any animal which has been brought into the state in violation of any law or quarantine regulations thereof, or the owner of which has violated any of the provisions of this act or disregarded any rule and regulation or order of the livestock commissioner; (d) to any animal which came into the possession of the claimant with the claimant's knowledge that such animal was diseased or was suspected of being diseased or of having been exposed to any contagious or infectious disease; nor (e) to any animal belonging to the United States.
47-617. Same; payment of indemnity; expenses.
When any domestic animal, other than dogs and animals affected with foot-and- mouth disease, is killed by order of the commissioner, the commissioner shall issue to the owner of the animal or animals the certificate showing the number and kind of animals killed, and the amount to which the holder is entitled. Such certificate shall be reported to the board of county commissioners of the county in which the animal was located, and upon presentation of such certificate to the board of county commissioners, such board shall draw its warrant on the county treasurer for the amount therein stated. In case of animals killed or disposed of that are exposed to or afflicted with the foot-and-mouth disease, the appraisement shall be conducted in accordance with the applicable rules and regulations of an applicable livestock indemnity program of the United States government. The state of Kansas shall pay all its expenses incurred in that behalf, and shall pay all its employees necessarily employed therein.
47-618. Execution of orders of commissioner; fees of officers; arrests; prosecutions.
The commissioner shall have power to call upon any sheriff, undersheriff or deputy sheriff to execute his orders, and such officers shall obey the orders of said commissioner, and for performing such services shall receive mileage and fees as is now provided for service in process in civil actions; and in addition thereto shall receive for killing and disposing of diseased animals, in accordance with the rules prescribed by the livestock commissioner, the following fees: For the first animal, not to exceed five dollars ($5); for each additional animal, not to exceed two dollars ($2); but in no case shall the amount exceed the actual cost of doing such work; and such fees shall be paid by the board of county commissioners of the county in which the services are rendered. Any such officer may arrest on view and take before any judge of a court of competent jurisdiction of the county any person found violating the provisions of this act, and such officer shall immediately notify the county or district attorney of such arrest, and he shall prosecute the person so offending according to law.
47-619. Stockyard inspector; compensation; duties.
The owner or owners of any stockyards doing business in this state, when requested by the livestock commissioner, shall keep constantly in their employ a competent inspector of livestock appointed by the commissioner whose compensation shall be fixed and duties prescribed by the livestock commissioner. The livestock commissioner shall prescribe that portion of the compensation which shall be paid by the owner or owners of the stockyards. It shall be the duty of such inspector to work in conjunction with the United States government authorities to prohibit and prevent any stock affected with any contagious or infectious disease to be driven or shipped out of any such stockyards except to some licensed rendering establishment.
47-620. Prohibiting entrance of stock from other states where disease has become epidemic.
Whenever the state livestock commissioner has good reason to believe that any contagious or infectious disease has become epidemic in certain localities in other states, territories or countries, or that there are conditions which render domestic animals from such infected districts liable to convey such disease, the livestock commissioner shall publish an order prohibiting the entrance of any livestock of the kind diseased into the state from such infected district.
47-621. Duties of railway corporations; penalty.
That it shall be the duty of the railway corporations doing business in this state to cleanse and disinfect the cars, stockyards and receiving pens used by them in transporting stock in this state at such times and places as the commissioner may designate, whenever in the opinion of the commissioner any such order may be necessary, to prevent the spread of infectious or contagious disease. And such corporation violating any of the provisions of this section shall be liable to a penalty of five hundred dollars for each violation, to be recovered in a civil action to be prosecuted under the direction of the attorney general in the name of the state of Kansas.
47-622. Report of diseases to livestock commissioner.
It shall be the duty of the owner or person in charge of any domestic animal or animals who discovers, or has reason to believe that any domestic animal owned by such person or in such person's charge or keeping is affected with any contagious or infectious disease, to immediately report such fact or belief to the livestock commissioner. It shall be the duty of any person who discovers the existence of any such contagious or infectious disease among the domestic animals of any person to report this information at once to the livestock commissioner.
47-623. Penalty for bringing diseased animal into state.
(a) It shall be unlawful for any person to knowingly;
(1) Bring into this state any domestic animal which is affected with any contagious or infectious disease or any animal which has been exposed to any contagious or infectious disease ;
(2) except as provided in paragraph (3), expose any domestic animal in this state to any contagious or infectious disease; or
(3) expose any animal in this state to foot-and-mouth disease.
(b) Violation of subsection (a)(1) or (a)(2) is a class A nonperson misdemeanor. Violation of subsection (a)(3) is a severity level 4, nonperson felony.
47-624. Unlawful acts; civil penalties.
(a) In addition to any other penalty provided by law, any person who has in such person's possession any domestic animal affected with any contagious or infectious disease, knowing such animal to be so affected, who permits such animal to run at large; or who keeps such animal where other domestic animals, not affected with or previously exposed to such disease, may be exposed to such contagious or infectious disease; or who sells, ships, drives, trades or gives away such diseased and infected animal or animals which have been exposed to such infection or contagion, except by sale, trade or gift to a regularly licensed disposal plant; or who moves or drives any domestic animal in violation of the rules and regulations, directions or orders establishing and regulating quarantine may incur a civil penalty imposed under subsection (b) in the amount of not less than $250 nor more than $1,000 for each such violation and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation. Any owner of any domestic animal which has been affected with or exposed to any contagious or infectious disease may dispose of the same after such owner obtains from the livestock commissioner a bill of health for such animal.
(b) Any duly authorized agent of the commissioner, upon a finding that any person, or agent or employee thereof, has violated any of the provisions stated above, may impose a civil penalty upon such person as provided in this section.
(c) No civil penalty shall be imposed pursuant to this section except upon the written order of the duly authorized agent of the commissioner to the person who committed the violation. Such order shall state the violation, the penalty to be imposed and the right of the person to appeal to the commissioner. Any such person, within 20 days after notification, may make written request to the commissioner for a hearing in accordance with the provisions of the Kansas administrative procedure act. The commissioner shall affirm, reverse or modify the order and shall specify the reasons therefor.
(d) Any person aggrieved by an order of the commissioner made under this section may appeal such order to the district court in the manner provided by the act for judicial review and civil enforcement of agency actions.
(e) Any civil penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
47-626. Employees and materials for enforcement of act.
The state livestock commissioner may employ such persons and purchase such supplies, appliances and materials as may be necessary to carry into full effect all the orders given by the livestock commissioner as provided by law. No labor shall be employed and no material or supplies purchased by the livestock commissioner except such additional labor, material and supplies as may be necessary to carry into effect the quarantine and other regulations prescribed by the commissioner. The director of accounts and reports shall draw warrants upon the treasurer of state for the necessary amount upon vouchers properly verified by the person performing such labor or furnishing such material and approved by the livestock commissioner.
47-627. Treatment for itch or mange; order of commissioner.
If the livestock commissioner finds the disease known as the itch or mange existing among domestic animals, the livestock commissioner shall order all animals so affected to be properly treated as the commissioner deems necessary.
47-635. Construction of 47-610 to 47-635.
The provisions of this act shall be construed to include all contagious or infectious diseases among all kinds of domestic animals including but not limited to horses, mules, asses, cattle, sheep, goats, llamas, swine, dogs, cats, poultry, birds, nonhuman primates, ferrets, domesticated deer, as defined in K.S.A. 47-1001, and amendments thereto, all creatures of the ratite family including but not limited to ostriches, emus and rheas and exotic animals as defined by rules and regulations in 9 C.F.R. 1.1, pursuant to 7 U.S.C. § 2131 et seq. The state livestock commissioner is given the same power over any domestic animal afflicted with rabies as is conferred upon the livestock commissioner in relation to other diseases of domestic animals.
47-636. Petition for reimbursement for horses killed on account of glanders; limitation.
That whenever a petition is presented to the board of county commissioners of any county signed by ten taxpayers who are neighbors of any person who has suffered loss by the killing of any of his horses by order or direction of the public authorities on account of such horses being afflicted with glanders, the board of county commissioners may, at their discretion, contribute out of the general fund of the county an amount of money toward reimbursing the owner of the horses so destroyed: Provided, That in no case shall the county contribute any sum in excess of fifty percent of the reasonable market value of the horses, which value shall be estimated as if the horses had been in a healthy condition at the time of their destruction: Provided, That no more than one hundred and fifty dollars be paid for any one animal.
Amended in 1999, 2001.
Reviewed and updated by AAHS in December 2001.
Reviewed and updated by AAHS in May 2003.
Return to Top of This Page