Whenever in sections 267.010 to 267.460, the following words or terms are used, they shall be deemed and taken as the meaning ascribed as follows:
(1) "Cattle" shall mean neat cattle;
(2) "Condemned" shall refer to cattle which have reacted to the test;
(3) "Department" or "department of agriculture" shall mean the Missouri state department of agriculture;
(4) "Director" shall mean the director of the department of agriculture of Missouri;
(5) "Owner" shall refer to any owner of cattle cooperating under the state- federal plan for Bang's testing;
(6) The term "person" means a natural person, partnership, association or corporation created or organized by or under the laws of this state or under the laws of any other state or country; whenever a word or words importing the plural number are used in describing or referring to any matter, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not be used;
(7) "State" shall mean the state of Missouri;
(8) "State veterinarian" shall mean the state veterinarian of Missouri;
(9) "Test" shall refer to the agglutination blood test for Bang's disease;
(10) "United States" shall refer to the United States Department of Agriculture.
267.020. Appointment of veterinary surgeon--qualifications--tenure
The director of agriculture of the state of Missouri shall appoint a veterinary surgeon, to aid and assist in developing and protecting the livestock interests of the state of Missouri. Said veterinary surgeon shall be a graduate of some reputable and recognized veterinary college or school, and shall give to the said director of agriculture, before his appointment, good evidence of a recognized, practical and scientific knowledge of contagious and infectious diseases of livestock, and shall hold his office for a term of four years, or until removed by said director of agriculture for cause, as provided in section 267.040.
267.030. Veterinarian--oath, bond--office--duties
Said veterinary surgeon shall, before entering upon the discharge of his duty, file with said director of agriculture his oath of office with a satisfactory and sufficient bond for the faithful performance of his official duties. He shall have his office with or near the office of the director of agriculture; shall act only as an expert, and shall, when practicable, devote all time possible to the investigation of the nature of, causes of and remedies for the diseases of domestic animals. The director of agriculture shall have charge of all clerical work pertaining to the veterinary service.
267.040. Under control of director
Said veterinary surgeon shall be under the control of the director of the department of agriculture, who may remove him, whenever in his judgment the good of the veterinary service of the state may demand it.
267.050. Appointment of deputy veterinary surgeon--qualifications
Whenever the state veterinary surgeon shall find it impossible to perform alone in an effective manner the duties imposed by sections 267.010 to 267.460, the director of agriculture, with the advice of the veterinarian, may appoint, as may be needed, one or more deputy state veterinary surgeons, who shall be competent veterinarians, graduated from some reputable veterinary school or college. Such deputy veterinary surgeon shall have, when on duty, the same power and same protection as now provided in sections 267.010 to 267.460 for the said state veterinary surgeon, and shall work under his direction and instructions. The state director of agriculture may also employ nonprofessional men and special experts as agents or inspectors whenever such a means shall become absolutely necessary to carry out this law properly or enforce the regulations of quarantine as possible in cases of emergency provided against by sections 267.240 and 267.250.
267.060. Compensation of veterinarian and deputies
The state veterinarian, deputy state veterinarians and livestock inspectors, shall receive salaries fixed by the state director of agriculture and necessary traveling expenses in the discharge of official duties, payable out of the funds provided for the maintenance of the veterinary service. The state veterinarian, deputies and livestock inspectors shall each render an itemized account to the said director of agriculture of all the traveling and incidental expenses incurred in working under this law. Said account or accounts shall be audited, and if found correct, shall be allowed as is now or may hereafter be provided by law.
267.070. Cooperate with federal officers
The said director of agriculture and state veterinary surgeon shall cooperate with any commissioner or other officer appointed by the United States for the suppression of contagious diseases among domestic animals, so far as the provisions of sections 267.010 to 267.460 and the appropriation made in accordance therewith will allow in suppressing and preventing the spread of contagious and infectious diseases among domestic animals in this state.
267.080. Report to director
Said veterinary surgeon shall report to the director of agriculture in writing at least once every three months, setting forth the locality or localities visited as provided in sections 267.010 to 267.070, the kind of stock treated, the type and character of the diseases, the remedies prescribed and the results, so far as known, of such treatment. The director of agriculture shall, from time to time, as often as may be required, select from said reports and publish in a concise form such information as he may think valuable to the people of Missouri. This information may be published in connection with the reports relating to agriculture or in separate bulletins.
267.090. Compilation of information and report
It shall be the duty of the director of agriculture to collate and compile, briefly and concisely, the useful and interesting information derived from the veterinary sanitary service as provided for in sections 267.010 to 267.460, and report to the general assembly, within ten days of the date of the meeting thereof, together with such suggestions as may be beneficial to the agricultural interests of the state.
267.100. Petition for veterinarian's services to control contagious disease
1. It shall be lawful for any ten residents of this state to go before any clerk of a court of record or associate circuit judge and demand the presence and services of the veterinary surgeon in the following manner:
State of Missouri, ) ) ss County of ........... )
To the director of agriculture,
Jefferson City, Missouri.
We, the undersigned citizens, residents of the county of .........., believe that there exists in this locality a dangerous, infectious disease among (here name the kind of stock, the name in full of the party owning the same or in charge thereof, the part of the county in which it is situated, together with the nearest railroad station and post-office address, and full directions as to the best and most expeditious way for the veterinary surgeon to reach said stock); therefore, we request the presence of the state veterinary surgeon.
2. Which petition may be certified to in the following manner:
State of Missouri, ) ) ss County of ........... )
I hereby certify that the above named petitioners are known to me to be reputable citizens of this county.
(Signed by the clerk of the court or associate circuit judge and attested by his official signature, giving day of the month and the year.)
3. The department of health may demand of the director of agriculture, through the director of the department of health, the services of the state veterinary surgeon to aid it in the inspection of such infectious or contagious diseases as are transmissible to the human family, and in examination of meats, milk and foods, when, in the judgment of the department of health, the assistance of this officer is necessary.
267.110. Veterinarian to investigate on petition
Such petition may be forwarded by mail or otherwise, as the petitioners may elect, to the director of agriculture, who shall cause a thorough investigation to be made by or under the direction of the state veterinary surgeon or his deputies. Such investigation may be ordered without application by petition if upon satisfactory information it is thought the presence of the veterinarian is necessary to the protection of the livestock interests of the state from contagious or infectious diseases.
267.120. Prescribe disinfectants--enforcement
Whenever the state veterinary surgeon shall have sufficient evidence to satisfy him that any private or public or corporate barn, or shed, or stock car, or any pen, yard or field, is infected and so injudiciously used as to be liable to convey contagious or infectious disease to livestock, he shall prescribe in writing, to the owner or owners or person or persons in charge thereof, the most rapid of the effective modes of disinfecting and cleansing deemed necessary, and shall prohibit, also in writing, to the owner or owners or persons in charge, the occupation by susceptible livestock or the removal of such infected property as may be movable, until such disinfection has been thoroughly carried out, and that the danger of conveying contagious or infectious disease is removed. Such cleansing and disinfection shall be at the cost of the owner or owners. The state veterinary surgeon may call for help on the county commission or legally substituted court, if necessary, and the commission or court shall thereupon order the sheriff or other officer to give the assistance necessary to enforce the law.
267.122. Animal health diagnostic laboratories established, fees--investment of funds--promulgation of rules, effective date
1. "Official laboratories" are hereby established. The laboratories are to be known as the "Animal Health Diagnostic Laboratories", operated by and under the direction of the state veterinarian, for the purpose of diagnosing animal disease. The state veterinarian shall have the authority to assess laboratory fees to assist in defraying operating laboratory expense. A schedule of laboratory fees shall be fixed by rule or regulation promulgated by the director of the department of agriculture. No fees will be charged for diagnostic tests for diseases which are included in a state and federal cooperative eradication program.
2. All laboratory fees collected pursuant to this section shall be paid to the department of revenue to be deposited in the state treasury, to the credit of the "Animal Health Laboratory Fee Fund", which is hereby created. All money in the fund shall be for the use and benefit of the animal health diagnostic laboratories and not as a substitute for general revenue bonds already appropriated for the operation of the animal health diagnostic laboratories.
3. Notwithstanding section 33.080, RSMo, to the contrary, the balance in the fund at the end of each biennium shall not lapse and shall not be transferred to the general revenue fund of the state. If the balance at the end of any biennium exceeds two hundred thousand dollars, the director of the department of agriculture shall adjust the schedule of laboratory fees so as to cause the fund to not be in excess of two hundred twenty-five thousand dollars. Any balance in the fund at the end of any fiscal year which is in excess of two hundred twenty-five thousand dollars shall be transferred to the general revenue fund of the state.
4. The state treasurer shall invest all sums in the animal health laboratory fee fund not needed for current operating expenses in interest bearing banking accounts or United States government obligations in the manner provided by law. All yield increment, gain or income derived from the investment of these sums shall accrue to the benefit of, and be deposited within, the state treasury to the credit of the animal health laboratory fee fund.
5. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.
1. The department of agriculture may pay, within the limit of its appropriation, an indemnity in the manner and in the amounts herein set forth to the owner of cattle who carries on an approved tuberculosis control program in his herd. The indemnity shall reimburse the owner for a part of the loss suffered by him in disposing of the cattle exposed to, infected with, or reacting to, a test for tuberculosis.
2. The value of any cattle on which an indemnity is sought by the owner shall not exceed an amount recognized by the state veterinarian and the owner as just compensation in relation to current market conditions, breeding value and other criteria of valuation for the animal destroyed. Each animal destroyed shall be identified separately on the appraisement form. Proper appraisement forms shall be completed and one copy each shall be sent to the department, retained by the duly authorized agent, and retained by the owner.
3. Any cattle on which an indemnity is sought shall be kept in isolation and within fifteen days of identification or branding shall be sold for slaughter. A report of the net proceeds, being the total amount received less expense of transportation, commissions, and other expenses of the sale, derived from the sale of the infected or reactor cattle shall be delivered by the owner to the department. The department shall determine the owner's loss by deducting the amount of the net proceeds so derived by the sale of the cattle for slaughter from the appraised value.
4. The indemnity to be paid by the department shall be an amount determined by the state veterinarian but shall not exceed the breeding value of the animal. The department shall certify to the state commissioner of administration the amount to be paid by the department. This amount constitutes a legal claim against the state within the limits of available appropriations, and the commissioner of administration shall approve the same and cause the same to be paid by issuing his warrant on the state treasurer therefor in payment to the owner.
5. Indemnity for animals slaughtered as reactors or as infected cattle shall only be paid to the owner, provided he cooperates with the department as requested by the state veterinarian or his agent in carrying out recommended practices in eradicating the disease from his animals. No indemnity shall be paid if the state veterinarian determines the animal does not qualify for indemnity or the owner is ineligible for payments.
267.230. Quarantine violations or interference with veterinarian, penalty--
interception of vehicles transporting livestock--impoundment procedure-- penalties for
violations--law officer may assist
1. Any person or persons who shall in any way interfere with or obstruct the state veterinarian in the discharge of his duties, or any owner or owners, person or persons who shall be notified to quarantine animals as provided in sections 267.010 to 267.730 and who shall violate any of the provisions of those sections or official orders of quarantine, or any person or persons who shall violate any of the provisions of the chapter regarding district or municipality quarantine, shall be guilty of a class A misdemeanor.
2. The director of the department shall have the power to authorize certain employees of the department or employees of the United States Department of Agriculture to assist in the enforcement of sections 267.010 to 267.730.
3. In connection with such enforcement, such authorized employees may intercept, stop and detain for official inspection or inquiry any vehicle carrying livestock in this state. Such authorized employees may use a red flashing light to aid them in stopping such vehicles.
4. If in the opinion of any authorized employee the animals are being transported in violation of sections 267.010 to 267.730 or the regulations promulgated pursuant thereto, the employee shall have the authority to seize and impound the animals for a period of forty-eight hours or until it is shown that the animals are being transported in compliance with sections 267.010 to 267.730 and the rules and regulations promulgated pursuant thereto. If within forty-eight hours of initial seizure and impoundment the state veterinarian or his duly appointed deputy makes a determination that the animals were in fact being held, moved or transported in violation of sections 267.010 to 267.730, he shall order the seizure and impoundment of the animals following the notice requirements set forth in section 267.531. Upon such order and notice being issued, the department shall follow the procedures set forth in section 267.531 regarding redemption, payment of expenses, opportunity for hearing, and application for an order of sale. Such officers may also issue citations for violations of the provisions of sections 267.010 to 267.730, and summonses to appear before the director. The director may, after a hearing as provided in section 276.631, assess a civil penalty not to exceed ten thousand dollars for each such violation. Any person aggrieved by such penalty may appeal to the circuit court of the county of residence of the person or the circuit court of Cole County as provided in chapter 621, RSMo.
5. All county and municipal law enforcement officials may assist such designated employees upon request and all state law enforcement officials shall assist such designated employees upon request to the extent that is consistent with the powers that such law enforcement officials derive from their respective jurisdictions.
267.240. Governor--approval and enforcement of quarantine regulations
1. The governor of Missouri may, in his discretion, order said state veterinarian to visit any state or territory and investigate any dangerous or infectious disease said to exist in any designated locality in the state named and report to the governor the result of said investigation, together with such suggestions that he may deem proper and right.
2. On receipt of such report, or any official report of the state veterinarian, the governor may call the director of agriculture and the state veterinarian together, and said director and said state veterinarian may, if deemed wise, arrange and adjust such rules and regulations as safety may demand for the transportation of livestock through or into this state from any state or territory, or any foreign country or parts thereof, where dangerous, contagious or infectious diseases may exist.
3. The governor, on the approval of such rules and regulations, shall issue his proclamation, scheduling and quarantining against such localities in which domestic animals may be considered as capable of conveying infectious, contagious or communicable diseases and prohibit the importation and the unloading in this state of any livestock of the kind capable of causing such disease, except under the aforesaid rules and regulations.
4. Such rules and regulations, after approval by the governor, shall be sent to all corporations or other agencies doing the business of transportation or conveying livestock through or into the state of Missouri; and any corporation or agency or individuals who shall violate such rules and regulations by transporting prohibited animals shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than a thousand dollars nor more than ten thousand dollars for each and every offense, and shall be liable for any and all damages or loss that may be sustained by any party or parties by reason of such importation or transportation; provided, that in no case shall such corporations or agencies or individual be liable for any damages resulting from the shipping of stock into this state which has been inspected by the proper authorities and a certificate of health as to same having been given by said authorities. Such penalty shall be recovered in any county in this state into or through which such stock is brought upon information filed in the circuit court of any such county.
267.250. Enforcement of rules, regulations--notification to county commission--sheriff to assist
1. The governor, when informed by the state veterinarian that contagious or infectious livestock disease has become largely disseminated or epidemic among domestic animals throughout any municipality or geographical district in this state, or is found to exist in any herd or herds in this state, may call the director of agriculture and the state veterinarian together, and said director and said veterinarian shall, if deemed necessary to eradicate or prevent the spread of such disease, formulate for the state veterinarian and the county commissions rules and regulations under which stock capable of carrying said diseases, or any of them, shall be permitted to move to other parts of the state; such rules and regulations shall be subject to the approval of the governor, who thereupon shall issue his proclamation scheduling and quarantining such localities, and forbidding the carrying or transportation or moving of all domestic animals of the kind diseased from such municipalities or district or county to another, or from one premises to another, or over any public highway or any lot or ground not sufficiently fenced to prevent animals from going through or from being brought into such infected districts, municipalities or counties except in accordance with the aforesaid rules and regulations.
2. The county commission or other legally substituted court of the county in which such infected locality or district shall have been quarantined by the governor, shall be notified by the state veterinarian, and furnished with copies of said regulations. Said county commission shall thereupon comply with said rules and regulations, and issue order to the sheriff to assist said state veterinarian in carrying out the provisions of the same.
267.380. State veterinarian may enter to conduct tests--owner to cooperate
1. The state veterinarian and any inspector or person authorized by said state veterinarian, or by him appointed, to assist in the work of applying the tubercular test provided for under sections 267.010 to 267.460, may enter any barn or barns, yard, pasture or other building or enclosure where cattle may be kept or found, for the purpose of making inspection and applying said tuberculin test in conformance with uniform methods and rules of the United States Department of Agriculture.
2. Any owner or custodian of any domestic animal or animals by said state veterinarian required or found necessary to be inspected, examined or tested, by his order, for the purpose of determining the presence or absence of disease in or upon said animal or animals shall have the right and authority to confine and otherwise restrain, as far as possible, said animals in such manner and at such times as may be prescribed and directed by the state veterinarian.
3. In the event of the failure of such owner or custodian for any reason to confine or otherwise restrain such animal or animals, it shall be the duty of the state veterinarian or his deputy or assistants to certify such refusal to the acting sheriff of the county wherein such animal or animals are found, and following such notice to the sheriff of said county it shall be his duty to forthwith cause such animal or animals to be so confined or otherwise restrained in order that the state veterinarian or his assistants may apply the necessary tests or make such examination as may be necessary to determine the presence or absence of the disease for which the animal or animals are to be inspected.
267.400. Veterinarian to make and enforce regulations
The state veterinarian shall have power and authority to make and enforce such regulations as may be necessary to control and prevent the spread of tuberculosis among animals in such county and for the creation and maintenance of such county as a modified accredited area to the extent and so that the same shall conform with the rules and regulations promulgated by the Secretary of the Department of Agriculture of the United States to the end that such county may be recognized and adopted by the United States Department of Agriculture as a modified accredited area; provided, further, that the state veterinarian shall have authority in his discretion to quarantine or cause to be quarantined the animal or animals in custody of or owned by any person who refuses to cooperate with the state veterinarian in the eradication and control of tuberculosis or any other contagious or infectious disease which is being attempted to be controlled or eradicated in such county, and that no offspring or product of such animal or animals under quarantine shall be disposed of by said custodian or owner without written permission of the state veterinarian.
267.430. Diseased animals--sale or running at large prohibited
A person shall not sell or offer for sale, or run at large on any common or unfenced lands in this state, any livestock affected with a serious external parasitic infestation or any infectious or contagious disease whatsoever; provided, that this section shall not be so construed as to prohibit the movement of such infected animals under conditions prescribed by the state veterinarian for the purpose of segregation or quarantine, or for immediate slaughter under state or federal inspection.
267.450. Unquarantined stock in quarantined pens prohibited
It shall be unlawful for any person, firm, company, or corporation, owning or operating any stock pens or stockyards in this state, to permit any livestock, cattle, hogs, sheep or goats, not under or subject to quarantine, to be unloaded into any pens, enclosures, or yards, wherein any quarantined livestock is, or has been kept, or into such pens, enclosures, or yards, under such conditions and circumstances as will render such livestock subject to quarantine, and thereby prevent immediate removal thereof from such pens, enclosures, or yards, if the owner or shipper shall so desire.
267.560. Title of law
Sections 267.560 to 267.660 shall be cited as the "Missouri Livestock Disease Control and Eradication Law".
Unless the context requires otherwise, as used in sections 267.560 to 267.660, the following terms mean:
(1) "Accredited approved veterinarian", a veterinarian who has been accredited by the United States Department of Agriculture and approved by the state department of agriculture and who is duly licensed under the laws of Missouri to engage in the practice of veterinary medicine, or a veterinarian domiciled and practicing veterinary medicine in a state other than Missouri, duly licensed under laws of the state in which he resides, accredited by the United States Department of Agriculture, and approved by the chief livestock sanitary official of that state;
(2) "Animal", an animal of the equine, bovine, porcine, ovine, caprine, or species domesticated or semidomesticated;
(3) "Approved laboratory", a laboratory approved by the department;
(4) "Approved vaccine" or "bacterin", a vaccine or bacterin produced under the license of the United States Department of Agriculture and approved by the department for the immunization of animals against infectious and contagious disease;
(5) "Bird", a bird of the avian species;
(6) "Certified free herd", a herd of cattle, swine, goats or a flock of sheep or birds which has met the requirements and the conditions set forth in sections 267.560 to 267.660 and as required by the department and as recommended by the United States Department of Agriculture, and for such status for a specific disease and for a herd of cattle, swine, goats or flock of sheep or birds in another state which has met those minimum requirements and conditions under the supervision of the livestock sanitary authority of the state in which said animals or birds are domiciled, and as recommended by the United States Department of Agriculture for such status for a specific disease;
(7) "Department" or "department of agriculture", the department of agriculture of the state of Missouri, and when by this law the said department of agriculture is charged to perform a duty, it shall be understood to authorize the performance of such duty by the director of agriculture of the state of Missouri, or by the state veterinarian of the state of Missouri or his duly authorized deputies acting under the supervision of the director of agriculture;
(8) "Infected animal" or "infected bird", an animal or bird which shows a positive reaction to any recognized serological test or growth on culture or any other recognized test for the detection of any disease of livestock or poultry as approved by the department or when clinical symptoms and history justifies designating such animal or bird as being infected with a contagious or infectious disease;
(9) "Isolated" or "isolation", a condition in which animals or birds are quarantined to a certain designated premises and quarantined separately and apart from any other animals or birds on adjacent premises;
(10) "Licensed market", a market as defined and licensed under chapter 277, RSMo;
(11) "Livestock", horses, cattle, swine, sheep, goats, ratite birds including but not limited to ostrich and emu, aquatic products as defined in section 277.024, RSMo, elk documented as obtained from a legal source and not from the wild and raised in confinement for human consumption or animal husbandry, poultry and other domesticated animals or birds;
(12) "Official health certificate" is a legal record covering the requirements of the state of Missouri executed on an official form of the standard size from the state of origin and approved by the proper livestock sanitary official of the state of origin or an equivalent form provided by the United States Department of Agriculture and issued by an approved, accredited, licensed, graduate veterinarian;
(13) "Public stockyards", any public stockyards located within the state of Missouri and subject to regulations of the United States Department of Agriculture or the Missouri department of agriculture;
(14) "Quarantine", a condition in which an animal or bird of any species is restricted in movement to a particular premises under such terms and conditions as may be designated by order of the state veterinarian or his duly authorized deputies;
(15) "Traders" or "dealers", any person, firm or corporation engaged in the business of buying, selling or exchange of livestock on any basis other than on a commission basis at any sale pen, concentration point, farm, truck or other conveyance including persons, firms or corporations employed as an agent of the vendor or purchaser excluding public stockyards under federal supervision or markets licensed under sections 267.560 to 267.660 and under the supervision of the department, breed association sales or any private farm sale.
267.570. Transportation of livestock into or through state, exhibitions, public stockyards, regulations
1. No livestock or animals that are affected with or that have recently been exposed to any infectious, contagious or communicable disease or which originate from a quarantined area, shall be shipped or in any manner transported or moved into or through the state until written permission for such entry, transportation or movement is first obtained from the state veterinarian of Missouri except those diseased animals which are approved for interstate shipment under specified restrictions by the Animal Disease Eradication Division, Agriculture Research Service, United States Department of Agriculture.
2. All livestock shipped or in any manner transported into this state shall be accompanied by an official health certificate or permit or both which must be attached to a waybill or shall be in the possession of the driver of the vehicle or person in charge of the livestock except as otherwise provided in sections 267.560 to 267.660 or regulations adopted by the department; provided, however, that an official health certificate shall not be required for any livestock consigned to public stockyards or licensed markets under federal or state supervision if a waybill, bill of lading or certificate of ownership accompanies the shipment showing the consignor and the point of origin of the shipment and the public stockyards or licensed market to which the shipment is consigned, unless otherwise required by the state veterinarian.
3. A copy of the official health certificate shall be forwarded immediately by the most rapid means available to the livestock sanitary official of the state of origin for his approval and transmittal to the state veterinarian. All such health certificates shall contain the approval of the state veterinarian or other livestock sanitary official or agency in the state of origin.
4. Livestock or herds entering the state without an official health certificate or permit or both when required shall be held in quarantine at the owner's risk and expense for observation, tests, vaccination, dipping, treatment and reinspection and until released by the department.
5. Requirements for the exhibition of livestock or herds shall be secured by contacting the state veterinarian of Missouri.
6. All animals covered in sections 267.560 to 267.660 originating from public stockyards or licensed markets located in this state or which may be assembled at such public stockyards, licensed markets, or any concentration point in this state from sources of unknown origin shall be required to meet regulations of the department or the laws and regulations of the state of destination before being released.
267.575. Health certificates, contents, duration--inspection and testing, authority
1. The official health certificate required by sections 267.560 to 267.660 shall contain the names and addresses of the consignor and consignee, the origin of the animals, livestock or birds, the final destination and the accurate description or identification of such animals, livestock or birds; said health certificate shall indicate the health status of the animals, livestock or birds involved, including dates and results of required tests and dates of vaccination, if any. Health certificates shall be void thirty days after date of inspection and issuance and no official health certificate shall be valid unless it complies in all respects with the requirements of sections 267.560 to 267.660 and the rules and regulations of the department; except that an official health certificate which does not comply fully with the requirements of sections 267.560 to 267.660 or any rules and regulations of the department adopted hereunder may be validated by the written approval of the department.
2. Accredited, licensed, graduate veterinarians who are approved by or in the employ of the livestock sanitary official of the state of origin and veterinarians in the employ of the Animal Disease Eradication Division, Agricultural Research Service, United States Department of Agriculture are authorized to inspect livestock entering the state.
3. All diagnostic tests of animals which are intended for entry into Missouri shall be made in state or federal laboratories, laboratories approved by the proper livestock sanitary official of the state of origin, or commercial laboratories operated under the supervision of the United States Department of Agriculture and approved by the state of origin.
267.580. Permits, requests for contents, duration
1. Requests for permits shall be directed to the state veterinarian and shall set forth the following information: The names and addresses of the consignor and consignee, number and kind of animals, origin of shipment, proposed date of shipment, proposed destination, approximate date of arrival, intended purpose of shipment, and method of transportation.
2. All animals entering the state under permit shall be consigned to an individual who is a resident of the state or to a legal entity authorized by law to do business within the state.
3. All permits shall be void fifteen days after date of issuance or a lesser period of time when so designated by the state veterinarian.
267.585. Carriers of livestock, regulations
1. Owners and operators of railroads, trucks, airplanes and other conveyances are forbidden to move any livestock, animals or birds through, into or within the state except in compliance with the provisions set forth in sections 267.560 to 267.660 and such rules and regulations of the department as may be adopted hereunder.
2. All railway cars, trucks, airplanes and other conveyances used in the transportation of livestock and birds of any kind shall be maintained in a clean sanitary condition.
3. Owners and operators of railway cars, trucks, airplanes and other conveyances that have been used for the movement of any livestock, animals or birds infected with or exposed to any infectious, contagious or communicable disease shall be required to have such cars, trucks, airplanes and other conveyances thoroughly cleaned and disinfected under official supervision before further use is permissible for the transportation of livestock.
4. Owners and operators of railroads, trucks, airplanes and other conveyances used for the transportation of livestock, animals and birds into, within and through Missouri shall assure themselves that each consignment is prepared for shipment in keeping with the requirements of sections 267.560 to 267.660, and that it is accompanied by official health certificate or permit. Such health certificate or permit should be attached to the waybill accompanying the shipment or be in the possession of the attendant in charge of the animals.
267.590. Quarantine of animal or herd by state veterinarian--duration
If, upon investigation, the state veterinarian is satisfied that an animal, livestock or bird or a herd or flock of animals or birds is suffering from any highly contagious, communicable or infectious disease or exposure thereto, against which he may think best to quarantine, he shall immediately quarantine the same to pens, farms, sheds or barns completely separated from other susceptible animals or birds not so diseased or infected until
(1) Such diseased animals or birds are recovered and no longer capable of transmitting the disease or diseases to other susceptible animals or birds; or
(2) Shall have been isolated; or
(3) Killed or disposed of as provided for in sections 267.560 to 267.660 and the rules of the department; or
(4) Tested, vaccinated or otherwise treated; or
(5) As otherwise released by the state veterinarian.
267.595. Quarantine of area, notice, effect--procedure
1. When in the opinion of the state veterinarian the quarantine of an area is essential to
(1) Confine an outbreak of a highly contagious and communicable disease affecting livestock, animals or birds as defined in sections 267.560 to 267.660; or
(2) When necessary for the initiation and enforcement of control measures for testing or vaccination of livestock, animals or birds within the area; or
(3) For the slaughter of exposed and infected animals; or
(4) When necessary to conform with federal regulations in effect for the cooperative control and eradication of the disease; or
(5) When necessary in order to avoid embargo against the movement of livestock out of the free areas within the state into other states;
and the state veterinarian so notifies the director of agriculture of such fact, the director of agriculture or the state veterinarian acting for the director of agriculture with the approval of the governor, may order the area quarantined. Such order shall set forth the terms and conditions that are to be met by the owner of livestock within areas affected by the order.
2. The notice of an order of quarantine against the movement of animals or birds from the area shall be publicized in the newspapers and radios serving the area.
3. The department shall have the authority to designate the type and kind of immunizing agent or tests that are to be applied for the control and eradication of the disease and to prohibit the use, by anyone, of those immunizing agents which in the judgment of the state veterinarian may not effectively and expeditiously bring about the control of the disease.
4. When in the judgment of the state veterinarian the movement of livestock as defined in sections 267.560 to 267.660 from an area or section within another state favors the introduction of disease into Missouri and it is known that the livestock sanitary officials of the state have not quarantined the area or are not controlling the movement of the livestock out of such areas, the director of agriculture, upon notice of such fact from the state veterinarian of Missouri, may impose restrictions or full embargo against the movement of any and all livestock from such areas within another state until the movement of livestock therefrom and into Missouri no longer favors the introduction of the disease.
5. An order setting forth the restrictions or complete embargo against the movement of livestock from an area within another state or from the entire state shall be effective upon notice in writing or by telegram to the livestock sanitary official of the state affected.
6. All public stockyards and other markets including traders and dealers, licensed to operate in Missouri, shall cooperate with the department when a quarantine is imposed upon an area within Missouri or restrictions are invoked against the entry of livestock from specified areas in other states.
267.600. Animals under test not to be removed
Animals, livestock or birds under test for a contagious and infectious disease may not be removed from the premises until the results of the tests are known and the owner of such animals, livestock or birds receives a record of the test from the veterinarian certifying that the animals or birds are free of the disease and until any infected animals or birds are sold for slaughter on permit and as may be required by the state veterinarian, or until such animals or birds are recovered and incapable of spreading the disease or until the animals or birds in the herd or flock have been released by the state veterinarian or his representative. The method of eradicating the disease shall be at the discretion of the state veterinarian and in accordance with such procedures as may be outlined by the state veterinarian or his representative.
267.603. Quarantined livestock testing--violations of orders--hearing-- witnesses, fees and mileage--penalties, fines--appeals--fines credited to enforcement and administration fund
1. Any owner or custodian of livestock placed under quarantine may be required by the state veterinarian to test or retest such livestock for disease, in accordance with the terms and conditions and upon such schedule as the state veterinarian shall designate in his order of quarantine. In the event that disease is discovered in any such livestock the owner thereof shall comply with the order of the state veterinarian in effecting the removal, disposition, or cure of any such diseased livestock, or animals or birds exposed thereto, in the manner and in the time period designated in such orders.
2. Any person who violates an order of the state veterinarian issued under this section may be summoned by the director to a hearing to be held in the county where the livestock are quarantined to be set not later than twenty days from the date of summons. At the hearing, such person and the state shall have the opportunity to present in person or by counsel such statements, testimony, evidence and argument as may be pertinent to the charges or to any defense. The director may subpoena any persons or documents incident to the hearing, the director or his designated representative may take testimony orally, by deposition or by exhibit, in the same manner and with the same fees and mileage as prescribed in judicial proceedings in civil cases. The director or his designated representative may also administer oaths to those giving evidence. Following the hearing the director may:
(1) Assess a civil penalty in an amount not to exceed one thousand dollars for each violation and a penalty not to exceed five hundred dollars for each day such person fails to implement tests for disease or effect the removal, disposal or cure of livestock subject to prior order of quarantine; or
(2) Dismiss the case.
3. Any person aggrieved by a decision of the director after a hearing pursuant to this section may appeal to the circuit court for a trial de novo in the county where the livestock are quarantined. All penalties assessed under this section shall be credited to the livestock dealer law enforcement and administration fund.
267.604. Injunction against owners of diseased livestock, when--venue
When, in the judgment of the director, any person has been repeatedly in violation of the animal health laws so as to pose a substantial ongoing risk to the livelihood of other livestock owners in this state by the dissemination of disease, the director may apply to the circuit court of the county in which such person resides, and such court shall have the authority to grant an order enjoining temporarily or permanently that person from engaging in the business directly or indirectly of possessing, owning, raising or otherwise maintaining custody of any livestock of the type constituting such risk.
267.605. Laboratories to obtain permit, reports--hog cholera virus use limited--veterinarians to report contagions
1. All laboratories, whether privately operated or otherwise, shall be required to report the results of their findings of contagious, communicable or infectious disease in specimens submitted to them and as may be required by the department.
2. All persons operating such laboratories shall make application and shall obtain a permit from the department in order to conduct diagnostic tests on any kind of animals or birds or tissues therefrom, as may be submitted by such laboratories.
3. Before issuing a permit, the department shall determine that the laboratory does qualify for such permit. The department shall also at any time suspend or revoke the laboratory's permit for failure to comply with the provisions of sections 267.560 to 267.660 and the rules of the department.
4. Effective on and after January 1, 1960, the use of live or virulent hog cholera virus is prohibited, except as provided for in the rules of the department.
5. It shall be unlawful for any owner of livestock or animals as defined in sections 267.560 to 267.660, or for any veterinarian to withhold knowledge of or fail to report the existence of any contagious or communicable disease of livestock or animals owned or examined by him or in his possession.
267.611. Slaughter method only means to control and eradicate highly contagious or communicable or infectious disease of livestock, animals or birds or required by cooperative agreement with US Dept. of Agriculture-- notice to owner--indemnification--payment of costs by state of killing, burying, and cleaning and disinfection of premises
1. When in the judgment of the state veterinarian, the slaughter method is the only means of controlling and eradicating a highly contagious or communicable or infectious disease of livestock, animals or birds, or when under cooperative agreements with the United States Department of Agriculture the slaughter method is required, notice shall be given to the owner or owners of the livestock exposed to or infected with the disease. Such livestock or birds or animals shall then be indemnified within the limits of appropriation, at a rate fixed by the director of the department of agriculture, except that such rate for ostriches and emu shall not exceed eight hundred dollars, and then destroyed under the supervision of a representative of the department or by the United States Department of Agriculture as the state veterinarian may elect, except that when exposed or infected or recovered livestock, animals and birds in such herds or flocks can be utilized for food purposes, the state veterinarian in his discretion may permit such animals, livestock or birds to be transported on permit and under supervision of a representative of the department to a slaughter establishment operating under the federal meat inspection service or under an approved municipal meat inspection service.
2. A careful account of the cost of the killing, burying and also the cleaning and disinfection of premises shall be kept by the representative of the department or a representative of the United States Department of Agriculture and the cost thereof shall be paid by the state when such cost is approved by the director.
267.645. Department may enter premises--rules and regulations
1. The department of agriculture is authorized and directed to cooperate with the United States Department of Agriculture in performing the duties and exercising the powers vested in it under sections 267.560 to 267.660 and is empowered to enter at any time any premises, barns, stables, sheds, vehicles or other places where livestock or birds are kept for the purpose of administering and enforcing the provisions of sections 267.560 to 267.660.
2. The department may make such rules and regulations pursuant to the provisions of section 267.122 and chapter 536, RSMo, as may be deemed necessary for the enforcement of sections 267.560 to 267.660 including all necessary rules and regulations for the entry and movement of livestock, animals or birds into, within and through the state.
267.650. Animals impounded when, costs paid by owner--redemption
Livestock, animals or birds which are held, moved or transported in violation of the provisions of sections 267.560 to 267.660, or the rules and regulations adopted hereunder, shall be seized and taken into custody by an authorized agent of the department of agriculture or by any state or county law enforcement officer at the request of the department. The department shall impound and hold all animals or birds seized and taken into custody at the owner's expense and without liability to the department. Animals or birds so seized and impounded may be redeemed by the owner and released to him by the department only after all such animals or birds have been tested, vaccinated and properly identified, if infected, by the state veterinarian or his agent. In order to redeem the animals or birds, the owner shall pay all expenses including the care and feeding of such animals or birds and the expense of testing, vaccinating or identifying. All infected animals or birds shall be consigned by the owner to slaughter upon redemption. If the animals or birds are not redeemed by the owner within five days after seizure, the department may apply to the circuit court of any county in which the animals or birds are impounded and the department under court order shall sell such animals or birds for slaughter and deduct from the net proceeds thereof all expenses of the department in connection with the seizure and impoundment of such animals or birds and remit the balance to the owner.
267.655. Violations may be enjoined
In addition to the remedies provided for in sections 267.560 to 267.660 by law, the prosecuting attorney of any county in which a violation of any provisions of sections 267.560 to 267.660 occurs or the attorney general of the state, is hereby authorized to apply to any court of competent jurisdiction for, and such court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction to restrain any person from violating any provisions of sections 267.560 to 267.660.
267.660. Violation, a misdemeanor
Any person violating any provision of sections 267.560 to 267.660 shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as provided by law.
Amended in 1999.
Reviewed and updated by AAHS in December 2001.
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