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2091. Louisiana State Livestock Sanitary Board
A. The Louisiana State Livestock Sanitary Board is hereby created within the Department of
Agriculture. The board shall be domiciled in Baton Rouge.
B. The board shall consist of the following fifteen members appointed by the commissioner of agriculture and forestry in accordance with the following provisions:
(1) One member appointed from a list of three persons nominated by the Louisiana Auction Markets Association.
(2) One member appointed from a list of three persons nominated by the Louisiana Farm Bureau Federation.
(3) One member appointed from a list of three persons nominated by the Louisiana Veterinary Medical Association.
(4) One member who is a breeder of purebred cattle appointed from a list of three persons nominated by the Louisiana Cattlemen's Association.
(5) One member who is a breeder of commercial cattle appointed from a list of three persons nominated by the Louisiana Cattlemen's Association.
(6) One member appointed from a list of three persons nominated by the Louisiana Thoroughbred Breeders' Association.
(7) One member appointed from a list of three persons nominated by the Louisiana Swine Producers' Association.
(8) One member appointed from a list of three persons nominated by the Louisiana Sheep Producers' Association.
(9) One member appointed from a list of three persons nominated by the Louisiana Poultry Improvement Association.
(10) One member appointed from a list of three persons nominated by the commissioner of agriculture.
(11) One member representing the meat industry appointed from a list of three persons nominated by the Independent Meat Packers Association.
(12) One dairy farmer to be selected from persons nominated by organized dairy cooperatives domiciled in Louisiana, each of which cooperatives may nominate one dairy farmer.
(13) One member who is a livestock dealer appointed from the livestock dealers permitted by the board.
(14) One member who is a poultry grower appointed from a list of three persons
nominated by the Louisiana Farm Bureau Federation.
(15) One member who is an exotic animal farmer licensed pursuant to R.S. 3:3102.
C. The commissioner of agriculture and forestry shall serve on the board as ex officio member with the same rights, powers, duties, responsibilities, and privileges as appointed members.
D. Members shall be appointed for terms which shall end at the same time as the term of the commissioner making the appointment. Members shall serve until their successors in office are appointed and sworn in. Each member shall take and subscribe to the oath of office prescribed for state officers.
E. (1) Members shall be appointed no later than the sixtieth day after the commissioner
takes office, or the sixtieth day after a vacancy occurs, or the sixtieth day after the
nominations are received by the commissioner, whichever is later.
(2) The initial appointment of the member who is an exotic animal farmer shall be no later
than the sixtieth day after August 15, 1997. Thereafter, such apointment shall be
made pursuant to Paragraph (1).
F. Each appointment by the commissioner shall be submitted to the Senate for confirmation.
G. Vacancies in the offices of the members shall be filled in the same manner as the original appointments for the unexpired portion of the term of the office vacated.
H. A majority of the members of the board shall constitute a quorum for the transaction of business. All official actions of the board shall require the affirmative vote of a majority of the members of the board. However, no member may vote to deny a charter, permit, or license to any person applying for such if the applicant would be in direct competition with the member's business operation.
I. Members may designate representatives to attend meetings of the board. Members who appoint representatives shall provide notice to the board of such action. Representatives shall present written authorization, signed by a member, to the board prior to attending a meeting. Representatives shall not have voting rights.
J. The board, by a vote of two-thirds of the members, may expel a member who has accumulated three consecutive unexcused absences from board meetings.
K. Members of the board shall not receive any salary for their duties as members. Members may receive a per diem for each day spent in actual attendance of meetings of the board or of duly appointed committees or subcommittees of the board. The amount of the per diem shall be fixed by the board in an amount not to exceed forty dollars. Members may receive a mileage allowance for mileage traveled in attending meetings. The mileage allowance shall be fixed by the board in an amount not to exceed the mileage rate for state employees.
L. The board shall meet quarterly and may meet on the call of the chairman or upon the request of any three members. The board shall not meet more than twelve times in any calendar year.
2092. Officers and employees
A. The members of the board shall elect a chairman, a vice-chairman, and such other
officers as they deem necessary. All officers shall be members of the board.
B. The board, subject to the approval of the commissioner of agriculture, shall employ a director, an assistant director, and a state veterinarian, all of whom shall be in the unclassified service. The state veterinarian shall be the executive secretary of the board. The commissioner of agriculture shall employ such other personnel of the board as are necessary. All employees of the board shall be under the direction and supervision of the commissioner of agriculture. The state veterinarian shall be licensed to practice veterinary medicine in this state, shall be a graduate of a recognized school of veterinary medicine, and shall have at least five years experience as a veterinarian, at least three years of which shall be experienced in the regulatory control of livestock disease.
2092.1. Domicile; hearings; appeals
A. The board shall be domiciled in the city of Baton Rouge, and no suit may be filed
against the board at any place other than the parish of East Baton Rouge. In suits against
the board, all service shall be made on the director or on any board employee located at
the board's office.
B, C. Repealed by Acts 1982, No. 443, § 7, eff. Jan. 1, 1983.
2093. Powers
The Louisiana State Livestock Sanitary Board shall have the following powers and duties:
(1) To adopt such rules and regulations as are necessary to implement and enforce the powers and duties assigned to the board by law. All rules and regulations shall be adopted in accordance with the Administrative Procedure Act.
(2) To hold hearings and conduct investigations. All adjudicatory hearings shall be held in accordance with the Administrative Procedure Act.
(3) To issue subpoenas to compel the attendance of witnesses or the production of documents and records anywhere in the state in any hearing before the board.
(4) To issue charters and determine sale days for public livestock markets in accordance with R.S. 3:665.
(5) To compel owners of livestock subject to regulation by the board to quarantine, test, or vaccinate the livestock whenever necessary to prevent, control, or eradicate any infectious disease present in the livestock.
(6) To institute civil proceedings seeking injunctive relief to restrain and prevent violations of the laws or of administrative rules administered or enforced by the board.
(7) To impose civil penalties of up to one thousand dollars for each violation of the laws and administrative rules administered and enforced by the board. Each day on which a violation occurs shall be considered a separate offense. Civil penalties shall be assessed only by a ruling of the board based on an administrative hearing conducted in accordance with the Administrative Procedure Act. The board may institute civil proceedings to enforce its rulings in the district court for the parish in which the violation occurred.
(8) To advise the state Department of Agriculture, the United States Department of
Agriculture, and the legislature with respect to all phases of the meat industry in
Louisiana, including, but not limited to, the slaughtering and processing of meat and the
implementation of the Federal Meat Inspection Act, the Federal Poultry Products Inspection
Act, and the state meat inspection program.
(9) To adopt such rules and regulations as may be necessary to monitor compliance with the
prohibition against tampering with livestock at a public livestock exhibition as set forth
in R.S. 14:102.1(B)(2).
2094. Authority to maintain quarantine lines, appoint inspectors, accept federal aid and
enter into agreements to pay indemnity
The board may establish and maintain quarantine lines; appoint as many inspectors as may
be deemed necessary and the funds at its disposal will permit; and delegate authority to
inspectors to enter premises, to inspect and disinfect livestock premises, and enforce
quarantine including parishes, farms, pens and stables. The board may also appoint as its
inspectors representatives of the United States Department of Agriculture, and may accept
from the United States Government such assistance, financially and otherwise, for carrying
out the purposes of this Part, as may be available from time to time.
The board will have authority to enter into agreements with the United States Department of Agriculture for the purpose of paying indemnities on livestock destroyed or slaughtered by these agencies to prevent, control, or eradicate foreign or domestic diseases that may threaten the livestock industry of Louisiana.
2095. Power to deal with contagious diseases of animals
The State Livestock Sanitary Board shall have plenary power to deal with all contagious
and infectious diseases of animals as in the opinion of the board may be prevented,
controlled, or eradicated, and with full power to make, promulgate and enforce such rules
and regulations as in the judgment of the board may be necessary to control, eradicate,
and prevent the introduction of Texas or tick fever and the fever-carrying tick
(Margaropus Annulatus) and all other diseases of animals.
2096. Violation; interference with officer of board; penalty
Whoever violates any provision of this Part or any regulation of the Livestock Sanitary
Board or interferes with any duly appointed officer of the State Livestock Sanitary Board
shall be fined not less than fifty nor more than one thousand dollars, or imprisoned for
not less than thirty days nor more than one year, or both, and shall also be liable to any
persons injured for all damages resulting from the violation.
2097. Unlawful transportation of diseased animals or livestock or adulterated
meat
A. For purposes of this Section the following terms shall mean:
(1) "Adulterated meat" means any animal carcass, part thereof, meat or meat product, or any human or animal food additive or supplement containing or derived from animal protein, that bears or contains any bacteria, disease, microorganism, virus, or other pest that could cause serious illness or death in humans or animals or could cause animals to become economically unproductive.
(2) "Diseased livestock" means any livestock that is infected with or carries any bacteria, disease, microorganism, virus, or other pest that could cause serious illness or death in humans or animals or could cause animals to become economically unproductive.
(3) "Livestock" means any animal bred, kept, maintained, raised, or used for show, profit, or for the purpose of selling or otherwise producing crops, animals, or plant or animal products for market. This definition includes cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, and other equine; sheep; goats; swine; domestic rabbits; fish, pet turtles, and other animals identified with aquaculture that are located in artificial reservoirs or enclosures that are both on privately owned property and constructed so as to prevent, at all times, the ingress and egress of fish life from public waters; imported exotic deer and antelope, elk, farm- raised white tailed deer, farm-raised ratites and other farm-raised exotic animals; chickens, turkeys, and other poultry; and animals placed under the jurisdiction of the commissioner of agriculture and forestry and any hybrid, mixture, or mutation of any such animal.
B. It shall be unlawful for anyone to knowingly bring into the state or to transport through this state or to move within this state any adulterated meat or diseased livestock or animals without the express written approval of the commissioner of agriculture and forestry or his designee. The board shall adopt rules and regulations in accordance with this Chapter for the enforcement of this Section.
C. Any person who knowingly violates any of the provisions of this Section or any rule or regulation administered and enforced by the board pursuant to this Section shall be subject to a civil penalty of five thousand dollars imposed in accordance with R.S. 3:2093. Each act of bringing, transporting, or moving diseased livestock or adulterated meat into, through, or within this state shall be a separate violation. Each day or partial day shall be a separate violation.
D. In addition to the civil penalties and civil relief provided for in this Chapter, whoever intentionally, or in a criminally negligent manner, violates the provisions of this Section or the rules and regulations adopted pursuant to this Section shall be guilty of a crime and, upon conviction, shall be fined not less than five thousand, nor more than twenty- five thousand dollars or imprisoned, with or without hard labor, for not less than one year, nor more than ten years, or both.
2098. Reports of action and expenditures
The secretary of the board shall make on or before the 10th day of January of each year an
itemized statement of all expenditures to the governor, and biennially to the legislature
within ten days from date of convening, a full and complete report of all actions, and
disbursements.
2131. Cremation or burial of animal carcasses
In order to prevent, control, and eradicate anthrax or charbon, glanders, blackleg,
hemorrhagic septicemia, hog cholera and all other contagious or communicable diseases of
mules, horses, cattle, sheep, goats, and swine throughout the state the carcasses of all
animals shall be disposed of in a sanitary manner by cremation or deep burial. Burial in
this sense means that the animal carcass shall be placed in a hole or pit not less than
six feet deep in the disposition of carcasses of cows, mules, and horses, and not less
than four feet as applying to carcasses of sheep, goats, and swine. The owners, agents,
firms, or corporations, or persons in charge of any or all live stock on ranges, pastures,
or other premises shall be responsible for disposition of all carcasses in those herds
over which they have jurisdiction, with reference to complying to the provisions of this
Part. The provisions of this Part shall not apply to animal carcasses within the limits of
a city or town which is provided with an incinerator or in which a rendering plant is
operated, provided such incinerator or rendering plant is equipped with facilities to
properly transport or handle carcasses in a manner to prevent dissemination of infection.
2132. Restraint of sick animals
It shall be unlawful for any owner, person, firm, or corporation, or agent in charge to
permit any animal or animals affected with or which have been exposed to anthrax or
charbon, glanders, blackleg, hemorrhagic septicemia, hog cholera, or any other contagious
or communicable disease, to run at large or to go upon any public road or range. The
animal shall be kept on premises of owners, agent, or person in charge of the animal in
proper enclosure until all danger of infection has passed.
2133. Penalty for violations
Whoever willfully violates this Part shall be fined not less than ten dollars nor more
than fifty dollars, or in default thereof imprisoned for not less than thirty days nor
more than sixty days, or both.
2171. Animals to be dipped under direction of Louisiana State Livestock
Sanitary Board
Systematic dipping of all cattle, horses, mules, jacks, and jennets infested with, or
exposed to, the cattle fever tick (margaropus annulatus) shall be taken up in all
parishes, or parts of parishes, that at any time are found partially or completely
infested with the cattle fever tick, under the direction of the Louisiana State Livestock
Sanitary Board.
2172. Division of quarantined area into zones
For the purpose of this Part and to efficiently conduct systematic tick eradication in
co-operation with the United States Department of Agriculture, in the area under
quarantine on account of the cattle fever tick (margaropus annulatus), the quarantined
area in Louisiana shall be divided annually into zones composed of as many parishes or
parts of parishes as may be determined by the Louisiana State Livestock Sanitary Board,
the board to use natural boundaries whenever possible in determining the zone limits. The
work of systematic tick eradication shall be taken up in the annually chosen zone on March
1 of each suceeding year. Provided, that the Louisiana State Livestock Sanitary Board may
take up the work of systematic tick eradication in any zone of contiguous parishes at an
earlier date. When this work is taken up it shall be conducted to completion.
2173. Tick eradication in infested areas not under quarantine; compensation for animals
killed or injured
When it is determined by the Louisiana State Livestock Sanitary Board that any parishes,
or parts of parishes, not under federal or state quarantine, are partially or completely
infested with cattle fever ticks, the Louisiana State Livestock Sanitary Board shall
immediately take up the work of tick eradication, and continue until the cattle fever tick
is completely eradicated, and notice in writing is given by the Louisiana State Livestock
Sanitary Board through its executive officer to this effect. All cattle, horses, mules,
jacks, and jennets killed or injured in the actual process of dipping done under the
supervision of the Louisiana State Livestock Sanitary Board, or its quarantine inspector,
shall, upon satisfactory proof, be compensated for to the owner thereof by the Louisiana
State Livestock Sanitary Board upon the value fixed by a board of appraisers, which board
shall be the same board provided for in R.S. 3:2181.
2174. Tick eradication by Louisiana State Livestock Sanitary Board
Where any parishes, or parts of parishes, not under federal or state quarantine, or which
have been placed under federal or state quarantine after January 1, 1929, are now
regularly carrying on tick eradication work, and are partially or completely infested with
cattle fever ticks (margaropus annulatus), the Louisiana State Livestock Sanitary Board
shall immediately take up the work of tick eradication in said parishes and continue until
the cattle fever tick is completely eradicated, and notice in writing is given by the
Louisiana State Livestock Sanitary Board through its executive officer to this effect.
2175. Dipping vats and pens
As the Louisiana State Livestock Sanitary Board creates zones in which to begin the tick
eradication work, the Board shall provide such number of dipping vats and pens as the
Board shall deem necessary, and shall repair or recondition public dipping vats already
erected by the state or parishes, the public vats to be transferred to and come under
control of the Louisiana State Livestock Sanitary Board until parishes in which the vats
are located shall have completed tick eradication, as may be determined by the Louisiana
State Livestock Sanitary Board. These vats shall be used in the work of tick eradication
in such zones or parishes, which shall begin on the date set by the Louisiana State
Livestock Sanitary Board. The cost and maintenance of the vats and pens shall be paid out
of the fund appropriated to provide for effective systematic tick eradication in all
parishes within the state.
2176. Appointment of quarantine inspectors
The Louisiana State Livestock Sanitary Board shall appoint the necessary number of
inspectors and range riders to assist in systematic tick eradication, who shall be
commissioned by the Board as quarantine inspectors.
2177. Duties of quarantine inspectors; dipping requirements
The quarantine inspectors shall supervise the dipping of all cattle, horses, mules, jacks,
and jennets in the parishes designated annually and in the parishes found either partially
or completely infested with the cattle fever tick (margaropus annulatus), or in any other
parishes which have not fully completed the work of tick eradication; paint-mark cattle,
horses, mules, jacks, and jennets which have been properly dipped, ride the range, take up
all animals which have not been properly dipped at 14-day intervals and are not
paint-marked, give such notices as may be hereinafter provided, keep proper records of
their work and report to the Louisiana State Livestock Sanitary Board, and perform such
other duties necessary for effective tick eradication in Louisiana as they may be from
time to time directed by the Louisiana State Livestock Sanitary Board. All horses, mules,
jacks, and jennets within the quarantined area or under local quarantine shall be dipped
regularly every 14 days, except as hereinafter provided for. Horses, mules, jacks, and
jennets, when brought to the vat regularly every 14 days and inspected by a quarantine
inspector and found to be tick free, may be paint-marked and permitted to return without
dipping, so long as their owner keeps them free of all tick infestation; horses, mules,
jacks, and jennets may be dipped or sprayed at the vat at the option of the owner. Horses,
mules, jacks, and jennets, including mares and colts, when permitted to range in pastures
and on ranges shall be dipped or sprayed and all work horses and mules found to be tick
infested shall be dipped or sprayed. All quarantine inspectors shall have full police
powers in carrying out the requirements of this Part.
2178. Owner to have stock dipped under supervision of quarantine inspector
Any person, member of any firm, partnership, or association, officer of any corporation,
owning or having in charge any cattle, horses, mules, jacks, or jennets in any parish
where tick eradication shall be taken up, or is in progress under existing laws, shall, on
notification by any quarantine inspector to do so, have such cattle, horses, mules, jacks,
or jennets dipped regularly every 14 days in a vat properly charged with arsenical or any
other standard solution as recommended by the United States Bureau of Animal Industry,
under the supervision of the inspector, at such time and place and in such manner as may
be designated by the Louisiana State Livestock Sanitary Board through its quarantine
inspector. The dipping shall be continued at regular 14-day intervals as long as may be
required by the rules and regulations of the Louisiana State Livestock Sanitary Board,
which dipping shall be sufficient in number and length of time to completely destroy and
eradicate the cattle fever tick in such parishes or zones.
2179. Posting notices where owners cannot be found
Quarantine and dipping notices for cattle, horses, mules, jacks, or jennets, the owner of
which cannot be found, shall be served by posting copies of the notices in not less than
three public places within the parish in which the animals are found, one of which shall
be placed at the parish courthouse. Such posting shall be due and legal notice.
2180. Quarantine and dipping of animals not dipped by owner
If the owner of cattle, horses, mules, jacks, and jennets infested with, or exposed to,
the cattle fever tick (margaropus annulatus) after having been served for five days
previously with written notice from the Louisiana State Livestock Sanitary Board, or such
notice as is provided for in R.S. 3:2179, shall fail or refuse to dip the animals
regularly every 14 days under the supervision of a quarantine inspector, the cattle,
horses, mules, jacks, and jennets shall be placed in quarantine, dipped, and cared for at
the expense of the owner, by the quarantine inspector.
2181. Lien for tick eradication expense; sale of animals and disposition of proceeds;
exemption from liability for dipping expense
Any expense incurred by enforcement of R.S. 3:2180 and R.S. 3:2183, including the cost of
feeding and caring for animals while undergoing process of tick eradication, shall
constitute a lien and privilege upon the animals, which lien and privilege shall prime any
and all other liens and privileges theretofore or thereafter existing. Should the owner of
the animals fail or refuse to pay the expenses after five days' notice, to be served by
the quarantine inspector, the animals shall be turned over to the sheriff of the parish in
which the animals are located to be advertised for sale for ten days by posting notice of
sale at the court house door, and three other public places in the immediate neighborhood
of the place at which the animals were taken up for the purpose of tick eradication. The
sheriff shall make the sale. Advertisement of sale shall be issued by the sheriff, stating
the time and place of sale, which sale shall be made by the sheriff at public auction, at
the place where the animals are confined, to the highest bidder for cash. Out of the
proceeds of the sale, the sheriff shall pay the cost of publishing the notice; of the tick
eradication process, including dipping and all costs of taking up, feeding, caring for,
and selling of the animals; and attorney's fees. The surplus, if any, shall be paid first
to the holder or owner of any notes secured by chattel mortgage on the animals, and the
balance, if any, shall be paid to the owner of the animals, the sheriff taking due receipt
therefor. If the owner cannot be ascertained within five days after the sale, the sheriff
shall immediately pay the surplus to the Louisiana State Livestock Sanitary Board, taking
due receipt therefor and keeping a proper record, which shall be open to public
inspection. If the owner of the animals shall, within six months after the proceeds are
turned over to the Louisiana State Livestock Sanitary Board, prove to the satisfaction of
the board that he was the owner of the animals, then upon the order of the board, the
surplus shall be refunded to the owner. Provided, however, that the provisions of this
Section shall not apply to the owner of any cattle who has filed with the parish board a
declaration stating the total number of cattle owned by the declarer, the location of the
cattle, and that the declarer of the animals is physically or financially unable to attend
to the dipping of the animals. The written declaration shall be filed with the parish
board five days prior to any dipping date and the chairman of the parish board shall
furnish a certified copy of the declaration to the representative of the Louisiana State
Livestock Sanitary Board at least two days prior to any dipping date, which declaration
shall be a matter of public record and subject to inspection by anyone. Whenever anyone
has made the declaration as hereinabove provided for, all expenses of dipping shall be
paid for by the Louisiana State Livestock Sanitary Board. The parish board shall consist
of three members in each parish in each zone where tick eradication has begun, which board
shall be appointed for each parish as follows: one member shall be appointed by the
parish, one by the district judge, and one by the Louisiana State Livestock Sanitary
Board.
2182. Maintenance of quarantine lines; dipping animals in infested area released from
quarantine
The Louisiana State Livestock Sanitary Board shall be vested with full and complete
authority to establish and maintain quarantine lines in any manner necessary to prevent
the spread of the cattle fever tick (margaropus annulatus); and no cattle, horses, mules,
jacks, or jennets shall be removed, or allow to move, from any enclosed area or premises
that are quarantined, except by order of a duly authorized inspector. Should any parish of
the state be, by order of the United States Secretary of Agriculture, released from
quarantine, but nevertheless there be, in such parish or parishes, any particular
locality, range, pasture, pen, stable, or other place where cattle, horses, mules, jacks,
or jennets are infested with or exposed to the cattle fever tick, the provisions of this
Part shall be operative, and the owners of the cattle, horses, mules, jacks or jennets,
are required to dip all of the animals, every 14 days in the manner provided by R.S.
3:2180.
2183. Authority of inspectors to seize and dip animals; injunction against interference
with inspectors; interference a misdemeanor
All quarantine inspectors may enter enclosed premises or areas, including pastures,
ranges, farms, pens, and stables, and may seize, take into their possession, transport to
any dipping vats or pens, and dip or cause to be dipped all cattle, horses, mules, jacks,
and jennets, infested with or exposed to the cattle fever tick (margaropus annulatus). The
owners, their agents or employees, of the cattle, horses, mules, jacks, and jennets
infested with or exposed to the cattle fever tick shall not interfere with or resist any
action on the part of the quarantine inspectors in seizing, removing, and dipping or
causing to be dipped, the cattle, horses, mules, jacks, and jennets infested with or
exposed to the cattle fever tick. The Louisiana State Livestock Sanitary Board may appeal
for injunctive relief to the district court, within which jurisdiction are located the
cattle, horses, mules, jacks, and jennets infested with or exposed to the cattle fever
tick. The district court may instanter restrain, enjoin, and prohibit the owners of the
cattle, their agents and employees, or any person, from interfering with or resisting any
action of the quarantine inspectors in seizing, removing, dipping, or causing to be dipped
cattle, horses, mules, jacks, and jennets infested with or exposed to the cattle fever
tick. Any expense incurred by the enforcement of this Section, including court costs,
reasonable attorney's fees, the costs of feeding and caring for the animals while
undergoing process of tick eradication, shall constitute a lien and privilege on the
animals, which lien and privilege shall prime any and all liens and privileges theretofore
or thereafter given, and shall be enforceable according to R.S. 3:2181. In addition to the
remedy of injunctive relief above given, the action of any owners, or their agents and
employees, or any other person, in interfering with the seizing, transporting, removing,
and dipping of cattle, horses, mules, jacks and jennets infested with or exposed to the
cattle fever tick is a misdemeanor and punishable in accordance with R.S. 3:2187.
2184. Bringing infested animals into free or tick eradication area; dipping; sale of
animals to cover expenses
Whoever drives, conveys, transports, or allows to drift from any state into or through
this state, or within this state, from a quarantined parish or area into a free parish or
area, or within a parish or area in which systematic tick eradication is in progress,
animals infested with or exposed to the cattle fever tick shall be punished in accordance
with R.S. 3:2187. The owner or his agent shall immediately dip the animals under
supervision of the quarantine inspector and return the animals to the parish or state from
which they came, at the owner's expense. The owner shall pay all the costs incurred in the
dipping of the animals. All of these costs are to be paid by the owner, including the cost
of returning the animals to the state from which they came, before the animals are removed
from the custody of the quarantine inspector. If the owner fails to pay the costs
immediately when demanded, the Louisiana State Livestock Sanitary Board may sell and
dispose of the animals in accordance with R.S. 3:2181. If no one claims the animals, or
the owner cannot be found, the Louisiana State Livestock Sanitary Board may proceed under
the provisions of R.S. 3:2179. In case it is necessary to effect the sale of the animals
whosoever purchases the animals, purchases with the direct obligation of immediately
slaughtering the animals if the animals are cattle; if the animals are not cattle, the
purchaser therein binds and obligates himself to keep the animals under quarantine until
they are declared free of the cattle fever tick.
2185. Dipping hides
Hides taken from cattle in the quarantined or tick infested area shall not be moved into
clean parishes unless and until the hides have been dipped either in a standard arsenical
solution or in a four per cent saponified cresal solution. Provided that dry salt or flint
hides may move into clean parishes without dipping or disinfection.
2186. Rules and regulations and restrictions thereon; employment of counsel
The Louisiana State Livestock Sanitary Board shall have full power to promulgate and
enforce rules and regulations necessary to complete tick eradication in Louisiana and to
revoke or recall any previous orders which are in conflict with this Part. The Louisiana
State Livestock Sanitary Board may employ legal counsel necessary to advise and assist the
Board in the enforcement of this Part and all rules and regulations issued pursuant
thereto. No rule or regulation shall be promulgated requiring cattle, which have not been
dipped by the owner, to be taken to the parish seat until the cattle have been first held
for at least twenty-four hours at or near the dipping vat closest to the place where the
cattle were found by the range riders, and in no event shall the cattle be held more than
two miles distant from the vat. Charges which are made for holding the cattle shall be
reasonable and shall cover only actual costs and charges and the expense of feeding while
being held.
2187. Penalty for violations; civil liability
In addition to the penalties and provisions hereinbefore provided for in this Part,
whoever violates any provisions set forth in this Part, or any rule or regulation duly
established by the Louisiana State Livestock Sanitary Board, or any officer or inspector
who fails to comply with any provision of this Part, shall be fined not less than
twenty-five dollars nor more than five hundred dollars, or in default thereof shall be
imprisoned for not less than ten nor more than thirty days, or both, and shall also be
liable to any person injured for all damages resulting from the violations.
2188. Right of parishes to regulate fences not affected
Nothing contained in this Part shall operate as what is commonly called a "no fence
law" nor to deprive the various parishes of the right vested in them to regulate the
form and height of inclosures or fences, nor to pass ordinances and regulations
controlling the roaming of cattle and livestock within the boundaries of their respective
parishes, as provided by R.S. 33:1236.
Amended in 1997, 2001.
Reviewed and updated by AAHS in December 2001.
Reviewed and updated by AAHS in May 2003.
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