3-101 General powers and responsibilities of Secretary to prevent disease;
rules and regulations; importation of domestic animals.
(a) General powers and responsibilities of Secretary to prevent disease. -- The Secretary shall protect the health of the domestic animals of the State from all contagious or infectious diseases. For this purpose, the Secretary may:
(1) Adopt and enforce quarantine, sanitary, or other rules and regulations he deems necessary;
(2) Make and prosecute diligent inquiries in the several counties to ascertain the exact condition of the health of the livestock; and
(3) Notwithstanding s 3-102, prohibit the importation from another state of any animal he has reason to believe is infected with or has been exposed to a contagious or infectious disease and detain the animal at any place for inspection or quarantine.
(b) Emergency quarantine. -- The Secretary may establish, maintain, and enforce a quarantine order if he determines it is urgent and necessary for the prompt performance of the provisions provided in this section.
(c) Rules and regulations concerning importation of domestic animals. -- The Secretary may adopt rules and regulations governing the importation of domestic animals into the State from another state.
3-102 Quarantine by Governor.
If the Secretary presents facts to the Governor showing the existence of any contagious or infectious disease among domestic animals of another state, the Governor, by proclamation, may declare any state or any geographical area of it, in quarantine. During the quarantine no person may bring into the State from a quarantined area any animal of the kind so infected.
3-103 Cooperation with federal authorities; appointment of assistants in event of epidemic.
(a) Cooperation with federal authorities. -- The Secretary may cooperate with the Department of Agriculture of the United States or other properly constituted agency of the federal government, to eradicate or control any contagious or infectious disease among livestock or poultry in the State, if the agreement provides that any work shall be controlled by the State. (b) Appointment of assistants in event of epidemic. -- In the event of an epidemic of contagious or infectious disease among livestock or poultry in the State, the Secretary may appoint the assistants necessary to suppress promptly the epidemic. The Secretary shall fix compensation for the assistants.
3-104 Local health authorities and veterinarians required to report contagious and infectious diseases.
(a) Investigations and reports by local health authorities. -- Every local health authority of every county shall investigate each reported case of contagious or infectious disease of livestock or poultry in the county. If the authority finds a contagious or infectious disease, it shall report to the Secretary.
(b) Reports by veterinarians. -- Any person practicing veterinary medicine in the State shall report immediately to the Secretary any contagious or infectious disease among livestock or poultry of which he has knowledge. The report shall be in writing, and include a description of each animal affected, the name and exact address of the owner or person in charge of the animal, if known, the exact location of the animal, and the number of susceptible domestic animals that have been exposed to the disease. The report shall be made within 48 hours after the person knows of the disease.
3-105 Powers of Secretary to prevent spread of contagious or infectious diseases.
(a) In general. -- To prevent the spread of contagious or infectious diseases, the Secretary, or his agent, may:
(1) Visit at any time the location in any county where he has reason to believe any contagious or infectious disease may exist;
(2) Test any animal for any contagious disease by any method;
(3) Order every animal which has been exposed to a contagious or infectious disease to be isolated in the manner he deems necessary to prevent the spread of the disease;
(4) Order any location where any contagious or infectious disease has existed or presently exists to be quarantined, so that no domestic animal of the same species may be removed from or brought to the quarantined premises until it is properly disinfected;
(5) Issue any order he deems necessary or expedient to prevent the communication of any infectious or contagious disease from the quarantined area;
(6) Issue an order requiring the destruction of any animal infected with or exposed to an infectious or contagious disease, and for the proper destruction of its hide or carcass, and any object which might carry infection or contagion;
(7) Issue an order requiring disinfection of every building, premises, vehicle, and every object which may breed or convey any infectious or contagious disease;
(8) Destroy any building or article that is contaminated and incapable of proper disinfection;
(9) Modify, cancel, or withdraw the terms of any order the Secretary issues pursuant to this subtitle; and
(10) Institute a livestock patrol along the State borders to prevent any livestock affected with any contagious or infectious disease from being brought into the State contrary to the laws regulating shipment of livestock into the State.
(b) Owner to secure animal to be tested. -- The owner or his agent shall secure the animal to make it possible for the Secretary or his agent to apply any test.
(c) Assistance of law enforcement officers. -- The Secretary may order any sheriff, deputy sheriff, or other law enforcement officer of the State or of any county to provide information or assist in the execution or enforcement of any order of the Department.
(d) Compensation of law enforcement officers. -- For the performance of duties imposed
by this section, the sheriff, deputy sheriff, or other law enforcement officer shall be
compensated on a basis of performance of similar duties under existing laws.
§ 3-105.1 Administrative search warrants; infectious and contagious diseases
(a) The Secretary or a designee of the Secretary may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter any factory, warehouse, vehicle, building, establishment, or other premises to conduct any inspection required or authorized by law to determine compliance with the provisions of this subtitle relating to the regulation and prevention of infectious and contagious livestock and poultry diseases.
(b)(1) The application shall be in writing and signed and sworn to by the applicant and shall particularly describe the place, structure, premises, vehicle, or records to be inspected and the nature, scope, and purpose of the inspection to be performed by the applicant.
(2) Before the filing of a search warrant application with a court, it shall be approved by the Attorney General of Maryland as to its legality in both form and substance under the standards and criteria of this section and a statement to this effect shall be included as part of the application.
(c) A judge of a court referred to in subsection (a) of this section may issue the warrant on finding that:
(1) The applicant has sought access to the property for the purpose of making an inspection;
(2)(i) After requesting, at a reasonable time, the owner, tenant, or other individual in charge of the property to allow access, has been denied access to the property; or
(ii) After making a reasonable effort, has been unable to locate any of these individuals;
(3) The requirements of subsection (b) of this section are met;
(4) The Secretary or designee of the Secretary is authorized or required by law to make an inspection of the property for which the warrant is sought; and
(5) Probable cause for the issuance of the warrant has been demonstrated by the applicant by specific evidence of an existing violation of any provision of this subtitle or any rule or regulation adopted under this subtitle.
(d)(1) An administrative search warrant issued under this section shall specify the place, structure, premises, vehicle, or records to be inspected.
(2) The inspection conducted may not exceed the limits specified in the warrant.
(e) An administrative search warrant issued under this section authorizes the Secretary or designee of the Secretary to enter the specified property to perform the inspection, sampling, and other functions authorized by law to determine compliance with the provisions of this subtitle relating to the regulation and prevention of infectious and contagious livestock and poultry diseases.
(f) An administrative search warrant issued under this section shall be executed and returned to the judge by whom it was issued within:
(1) The time specified in the warrant, not to exceed 30 days; or
(2) If no time period is specified in the warrant, 15 days from the date of its issuance.
(g) Any information obtained pursuant to an administrative search warrant shall be considered as confidential and may not be disclosed except to the extent utilized in an administrative or judicial proceeding.
3-106 Prohibiting shipments of livestock or poultry.
The Secretary or his agent may prohibit the shipment of livestock or poultry into an area in which contagious disease eradication is being carried on until the livestock or poultry have been subjected to a test satisfactory to the Secretary and have been found to be free of any contagious disease. The Secretary may quarantine any animals that may have been brought into the area and require that they be tested as provided in s 3-105.
3-107 Appraisal of building, article or animal which is to be destroyed.
(a) Responsibility for death or destruction of ducks; appraisal required. --
(1) This section does not apply to and the Department is not responsible for the reimbursement of any person whose flock of ducks dies or is quarantined and destroyed because of an infectious or contagious disease if those ducks were imported into the State without being certified as disease free.
(2) Before any building or article is destroyed or any animal slaughtered, the Secretary shall have the building, article, or animal appraised pursuant to the departmental rules and regulations.
(b) Appointment of appraisers. -- There shall be two appraisers who shall be sworn before any officer authorized to administer oaths and affirmations. One shall be appointed by the owner or the agent of the owner of the building, article, or animal to be destroyed or slaughtered, and the other shall be appointed by the Secretary. If there is a disagreement, the Secretary shall appoint a third appraiser. If the owner or his agent refuses or neglects to name an appraiser, the Secretary shall appoint one.
(c) Appraisal procedures. -- The appraisal of any animal, together with its carcass, hide, and offal, may not exceed 90 percent of the fair market value of the animal, or $500 for any one animal. The appraisal of any building may not exceed 90 percent of its fair market value. When approved by the Secretary, the appraisal shall be filed with the Comptroller who shall issue his warrant to the Treasurer in favor of the owner for the amount of the appraisal.
(d) Appeal. -- If the owner of the building, article, or property is not satisfied with the appraisal, he may appeal to the circuit court of the county where the building, article, or property is located. The appeal shall be heard de novo.
3-108 Disposal of carcass, hide, and offal of slaughtered animal.
When any animal is slaughtered under the provisions of this subtitle, the owner may dispose of the carcass or any part of it, the hides, and offal, pursuant to the departmental rules and regulations, and in a manner that does not tend to spread disease or endanger the public health.
3-109 Owner to bury or burn animals dying of contagious or infectious disease.
The owner of any domestic animal that has died of a contagious or infectious disease shall bury it at a depth of at least three feet or burn it within three hours before sunset of the day following the discovery of the animal.
3-110 Exposure of healthy animals to infected animals.
A person may not knowingly expose any animal to an animal infected with a contagious or infectious disease, or place or cause to be placed any healthy or unexposed animal of the same species on any premises declared to be infected, until the infected animal is declared free from infection by the Secretary or agent. In addition to any penalty provided by the provisions of this article, any animal introduced into any infected location that has been declared infected shall be slaughtered by the Secretary or his agent, or upon order of the Secretary, without appraisement or compensation from the State.
3-111 Sale of infected animals; unlawful inoculation.
(a) Sale of infected animals. -- A person may not sell or otherwise dispose of an animal which he knows or has good reason to believe is infected with any contagious or infectious disease, or has been exposed to one within 90 days. Also, a person may not permit the animal to pass over any public highway, street, lane, or alley, or to graze any unfenced lot or piece of ground without the consent of the Secretary.
(b) Unlawful inoculation. -- No person may inoculate any animal in the State with the virus of any infectious or contagious disease incident to animals without the written consent of the Secretary.
3-112 Passing diseased animal as healthy.
An agent of the Secretary may not knowingly pass as healthy any diseased animal or any part of it contrary to the departmental rules and regulations.
3-113 Refusing access or resisting quarantine; concealing disease.
(a) Refusing access or resisting quarantine. -- A person may not refuse the Secretary or his agent access to his premises or vehicle nor resist the application of any quarantine order or rule or regulation.
(b) Concealing contagious or infectious disease. -- A person may not conceal the fact that a contagious or infectious disease exists on his premises.
3-114 Prosecutions by State's Attorney.
The State's Attorney of the appropriate county shall prosecute any person accused of violating the provisions of this subtitle and shall defend in every appeal from an appraisement.
3-115 Animals posing threat to poultry, livestock, or human safety.
(a) Legislative finding and declaration. -- The General Assembly finds and declares that it is in the public interest to insure the public health, safety, and welfare by strictly regulating in this State the importation, transportation, sale, transfer, and possession of those animals which pose a possibility of:
(1) The introduction of a disease or pest harmful to livestock or poultry;
(2) Problems of enforcing laws and regulations relative to agriculture and animal husbandry; or
(3) Threatening the physical welfare of livestock or poultry populations.
(b) "Animal" defined; promulgation of lists by Secretary. -- (1) For the purposes of this subsection, "animal" does not include:
(i) Human beings;
(ii) Livestock or poultry; or
(iii) Wildlife regulated by the Department of Natural Resources.
(2) The Secretary may promulgate a list of animals determined to be harmful to
livestock or poultry and prohibit or restrict their transportation, importation, sale,
transfer, and possession in this State.
Amended in 2002.
Reviewed by AAHS in December 2001.
Reviewed and updated by AAHS in May 2003.
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