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69-15-2. Mississippi Board of Animal Health
(1) The Mississippi Board of Animal Health is to be composed of the Commissioner of Agriculture and Commerce, the Dean of the College of Veterinary Medicine and the heads of the Animal and Dairy Science and Poultry Science Departments at Mississippi State University of Agriculture and Applied Science and one (1) person appointed by the President of Alcorn State University from its land grant staff as five (5) ex officio members with full voting rights, and eleven (11) other members of the board to be appointed by the Governor as hereinafter provided. The board shall select annually a chairman and vice chairman from any members of the board.
(2) The Governor, with the advice and consent of the Senate, shall appoint eleven (11) other members from the following groups or associations from a written list of three (3) recommendations from such groups or associations:
One (1) licensed and practicing veterinarian who holds a doctor of veterinary medicine degree, from a written list of three (3) recommendations submitted by the Mississippi State Veterinary Medical Association;
One (1) general farmer from a written list of three (3) recommendations submitted by the Mississippi Farm Bureau Federation;
One (1) poultry breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Poultry Improvement Association;
One (1) sheep breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Sheep Producers' Association;
One (1) beef cattle breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Cattlemen's Association;
One (1) swine breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Pork Producers' Association;
One (1) dairy breeder and producer from a written list of three (3) recommendations submitted by the American Dairy Association of Mississippi;
One (1) horse breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Horse Council;
One (1) catfish breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Catfish Association;
One (1) member of the Mississippi Independent Meat Packers' Association from a written list of three (3) recommendations submitted by the Mississippi Independent Meat Packers' Association;
One (1) member of the Mississippi Livestock Auction Association from a written list of three (3) recommendations submitted by the Mississippi Livestock Auction Association.
All members shall take and subscribe to the general oath of office as provided in Section 268, Mississippi Constitution of 1890, and file the same with the Commissioner of Agriculture and Commerce.
(3) Effective August 1, 1968, the dairy producer member shall be appointed for a one-year term; the Livestock Auction Association member shall be appointed for a two-year term; and the meat packer member shall be appointed for a three-year term; the catfish producer member shall be appointed for a four- year term; and the horse producer member shall be appointed for a five-year term.
Effective August 1, 1969, the poultry producer member shall be appointed for a two-year term; on August 1, 1970, the sheep producer member shall be appointed for a three-year term; on August 1, 1971, the swine producing member shall be
appointed for a four-year term; on August 1, 1972, the general farmer member shall be appointed for a five-year term; on August 1, 1973, the veterinarian member shall be appointed for a six-year term; and on August 1, 1974, the beef cattle producer member shall be appointed for a seven-year term.
All subsequent appointments shall be for four-year terms, except for appointments to fill vacancies which shall be for the unexpired term only.
(4)(a) "Commissioner" means the Commissioner of Agriculture and Commerce.
(b) "Department" means the Department of Agriculture and Commerce.
(5) On or before July 1, 1998, the board shall appoint, from a written list of not less than three (3) licensed veterinarians submitted by the commissioner, the State Veterinarian.
(6) There is created an advisory council to advise the Board of Animal Health on matters concerning the board. The council shall be composed of the Chairman of the Senate Agriculture Committee, the Chairman of the House Agriculture Committee, and one (1) appointee of the Lieutenant Governor and one (1) appointee of the Speaker of the House of Representatives. The members of the advisory council shall serve in an advisory capacity only. For attending meetings of the council, such legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts provided for committee meetings when the Legislature
is not in session; however, no per diem or expenses for attending meetings of the council shall be paid while the Legislature is in session. No per diem and expenses shall be paid except for attending meetings of the council without prior approval of the proper committee in their respective houses.
69-15-3. Office space; rules and regulations
The Department of Finance and Administation shall provide office space at the seat of the government, as
it deems necessary and requisite for the Board of Animal Health. The board shall adopt
rules and regulations as it deems proper to carry out its statutory powers and duties. The
rules and regulations shall also prescribe the dates and hours of meetings to be held
every other month and provide that special meetings shall be called by the chairman at the
request of the Commissioner of Agriculture and Commerce, on three (3) days' written notice
or by a majority vote of the entire board on three (3) days' written notice.
69-15-5. Compensation of members of board.
The members of the board of animal health who are not full-time public officers or public
employees shall be entitled to a per diem as is provided by section 25-3-69, Mississippi
Code of 1972, not to exceed twenty (20) days in any fiscal year. All members shall be
entitled to mileage and actual and necessary expenses in attending such regular or special
meetings, as provided by section 25-3-41.
69-15-7. Authority to employ personnel; appointments
The State Veterinarian is authorized and empowered to employ the necessary professional,
technical and clerical personnel as he deems necessary to carry out the powers and duties
of the board, and to fix their compensation. The board shall appoint from a written list
of not less than three (3) licensed veterinarians submitted by the Commissioner of
Agriculture and Commerce, a duly licensed and practicing veterinarian as the State
Veterinarian, who shall hold a degree of veterinary medicine from a recognized college or
university and shall have been engaged in the practice of veterinary science for not less
than ten (10) years prior to his appointment. The State Veterinarian shall serve at the
will and pleasure of the board and shall enter into a surety bond for the faithful
performance of his duties, and the premium therefor shall be paid by the board. The board
shall also be authorized to employ an attorney as authorized in Section 69-1-14,
Mississippi Code of 1972.
69-15-9. Authority of board
The Board of Animal Health 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 and spread of anthrax, tuberculosis, hog cholera, Texas and
splenic fever and the fever-carrying tick (margaropus annulatus), cattle brucellosis,
anaplasmosis, infectious bovine rhinotracheitis, muscosal disease, cattle viral diarrhea,
cattle scabies, sheep scabies, hog cholera, swine erysipelas, swine brucellosis, equine
encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease,
infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group and any suspected
new and/or foreign diseases of livestock and poultry and all other diseases of animals in
this state, and the board is hereby vested with full authority to establish and maintain
quarantine lines and to quarantine by county, supervisors district, parcel of land or
herd. The State Veterinarian shall appoint as many inspectors and range riders as may be
deemed necessary, and the funds at his disposal will permit, and shall delegate authority
to said inspectors and range riders, to enter premises to inspect and disinfect livestock
and premises, and enforce quarantine including counties, farms, pens, stables and other
premises.
No officer or agent of the State Veterinarian may enter the actual enclosures of any
person except (1) with the consent of the person lawfully in possession thereof or (2) in
the absence of such consent, with a proper writ obtained as in other cases of searches and
seizures under constitutional law. When such officers and agents are lawfully on the
premises, either by permission or writ, they shall be authorized to inspect the premises
and the livestock and animals found thereon by entering the enclosures and buildings and
they are authorized to check livestock and poultry found therein for any contagious
diseases and take proper action to control or eradicate any such diseases that may be
found. While such officers and agents are performing their duties hereunder, they shall
not be personally liable except for gross negligence. The refusal without lawful reason of
any person to give the consent aforesaid shall be deemed a misdemeanor and shall be
punishable as for violations of Article 5 of this chapter as provided for in Section
69-15-115.
The Board of Animal Health shall administer the special fund created in Section 69-15-19.
69-15-11. Clinic and laboratory; staff
(1) The College of Veterinary Medicine at Mississippi State University of Agriculture and Applied Science shall maintain a complete and adequate veterinary diagnostic laboratory in the Jackson vicinity and any person licensed to practice veterinary medicine, veterinary surgery, veterinary dentistry, or any vocational-agriculture teacher, bona fide farmer or county agent in the State of Mississippi or agent of the State Veterinarian shall have made available to him services of the laboratory. The laboratory shall examine and conduct laboratory tests on specimens submitted by any licensed
veterinarian, or vocational-agriculture teacher, bona fide farmer or county agent of this state or agent of the State Veterinarian and issue appropriate reports. The College of Veterinary Medicine shall be required to set reasonable fees for such examinations, tests, reports or other diagnostic service.
(2) The College of Veterinary Medicine shall select a director of the laboratory who holds a degree of veterinary medicine from a recognized college or university; is board certified in one (1) of the following basic diagnostic disciplines; toxicology, pathology, microbiology, virology or clinical pathology and has engaged in the practice of veterinary clinical diagnosis for at least ten (10) years, five (5) years of which were in a supervisory capacity. The director shall select and recommend for employment such veterinarians, bacteriologists, pathologists, technicians, clerical assistants, and other personnel necessary to carry out the objective of this section. The salaries, compensation and expenses of such employees shall be sufficient to insure the employment of competent persons and shall be paid from funds at the disposal of the Veterinary Diagnostic Laboratory. The director shall be responsible to the College of Veterinary Medicine for the daily operations of the laboratory.
(3) There is created an advisory council to advise the College of Veterinary Medicine on matters concerning the Veterinary Diagnostic Laboratory. The council shall be composed of the Chairman of the Senate Agriculture Committee, or his designee; the Chairman of the House Agriculture Committee, or his designee; the Chairman of the Board of Animal Health; the Commissioner of Agriculture and Commerce; a person appointed by the President of Alcorn State University from its land grant staff who is not a member of the Board of Animal Health; a licensed and practicing veterinarian appointed by the President of the Mississippi State Veterinary Medical Association who is not a member of the Board of Animal Health; the State Veterinarian; the State Chemist; and the Dean of the College of Veterinary Medicine. This advisory council shall meet at least twice a year, upon written notification at least fourteen (14) days in advance, to be called by the Dean of the College of Veterinary Medicine. A meeting may also be called by the Commissioner of Agriculture or by a majority of the advisory council with fourteen (14) days' written notice.
The members of the advisory council shall serve in an advisory capacity only. For attending meetings of the council, legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts provided for committee meetings when the Legislature is not in session; however, no per diem or expenses for attending meetings of the council shall be paid while the Legislature is in session. No
per diem and expenses shall be paid except for attending meetings of the council without prior approval of the proper committee in their respective houses.
(4) All funds, property and other assets and all current positions of the diagnostic laboratory shall be transferred to the College of Veterinary Medicine on July 1, 2002. The budget of the Veterinary Diagnostic Laboratory shall be funded as a separate line item within the general appropriation bill for the College of Veterinary Medicine.
(5) Information and records pertaining to all animal diseases within the state will be kept confidential except for those reports concerning diseases that are specifically regulated for mandatory control and eradication, or when release of such information is deemed necessary by the State Veterinarian to protect the public health, other livestock or wildlife.
69-15-13. Appointment of federal personnel; assistance
The State Veterinarian is vested with authority to appoint and commission, without salary
from the state, as its inspectors, representatives of the United States Department of
Agriculture, and to accept from the United States Government such assistance, financial
and otherwise, for carrying out the purpose of this statute, as may be available from time
to time.
69-15-51. Purpose.
It is the purpose of Sections 69-15-51 through 69-15-69 to establish an administrative
hearing procedure under the Board of Animal Health to enforce the rules and regulations of
the Board of Animal Health and the statutes and laws of the State of Mississippi
pertaining to the control and eradication of tuberculosis, anthrax, hog cholera, Texas and
splenic fever and the fever- carrying tick (Margaropus annulatus), cattle brucellosis,
anaplasmosis, infectious bovine rhinotracheitis, muscosal disease, cattle viral diarrhea,
cattle scabies, sheep scabies, swine erysipelas, swine brucellosis, equine
encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease,
infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group, equine infectious
anemia and any suspected new and/or foreign diseases of livestock and poultry, and all
other diseases of animals in this state, currently in effect or hereafter made and
promulgated.
69-15-53. Procedure after charge of violation
(1) When any allegation or charge has been made against a person for violating the rules
and regulations of the Board of Animal Health or the law relating to the prevention and
eradication of diseases in animals and livestock, the Board of Animal Health shall direct
the State Veterinarian to act as the reviewing officer. The reviewing officer shall (a)
cause the complaint to be in writing and signed by the person making the charge; (b)
insure that the complaint is filed in the office of the Board of Animal Health; and (c)
send a copy of the complaint and any supporting documents to the person accused along with
a request for the accused to respond to the allegations within thirty (30) days. Such
notification shall be accomplished by any of the methods provided for in Rule 4 of the
Mississippi Rules of Civil Procedure. Upon receipt of the response and any supporting
documents from the accused, the reviewing officer shall screen all information on file to
determine the merit of the complaint or lack thereof.
(2) If the reviewing officer determines that the complaint lacks merit, he may dismiss the
complaint.
(3) If the reviewing officer determines that there are reasonable grounds to indicate that
a violation has occurred or the accused admits to the truth of the allegations upon which
the complaint is based, the reviewing officer may levy a fine not to exceed One Thousand
Dollars ($1,000.00) for each violation.
(4) If the accused requests a hearing, in writing, within thirty (30) days, the reviewing
officer shall notify the Board of Animal Health and a hearing shall be scheduled. The
actions of the State Veterinarian with respect to subsections (2) and (3) above shall be
reviewable at such hearing, if so requested. The party requesting a hearing shall file a
fee of One Hundred Dollars ($100.00) along with the request for hearing to cover the cost
of a court reporter.
69-15-55. Hearing committee; hearing procedure.
(1) The Board of Animal Health, upon notice from the reviewing officer that a hearing is
requested, shall appoint a three-member hearing committee which shall consist of one (1)
attorney from the Attorney General's office, and two (2) representatives from the
Department of Agriculture or from the membership of the Board of Animal Health. The
hearing committee shall, within thirty (30) days of notification from the reviewing
officer, conduct a hearing at a date, time and place to be determined by the hearing
committee, provided that such hearing shall be held and conducted within the county in
which the accused resides or in a situs mutually agreeable and that for good cause shown
the hearing committee may grant a continuance or continuances of such hearings. Written
notice of date, time and place of such hearing shall be mailed to the accused by
registered mail, return receipt requested, no less than fifteen (15) days prior to the
commencing of the hearing.
(2) A duly qualified court reporter shall be in attendance and shall make a full and complete transcript of the proceedings. The hearing shall be closed unless the accused shall request a public hearing. The hearing committee shall have the right and duty to impose reasonable restrictions as it may deem necessary or appropriate to insure an orderly, expeditious and impartial proceeding, and shall admit all relevant and material evidence except evidence which is unduly repetitious.
(3) For purposes of such hearing, the committee is hereby empowered to require the attendance of witnesses, administer oaths and hear testimony, either oral or documentary, for and against the accused. The board shall have the authority to issue subpoenas to compel the attendance of witnesses and the production of books, papers, records or other documentary evidence at a hearing pending before the board. Subpoenas to be issued shall be delivered to the sheriff of the county where they are to be executed and the sheriff shall cause them to be served. In case of the failure of any person to comply with any subpoena issued by the board, the board or its authorized representative may invoke the aid of any court of general jurisdiction of this state. The court may thereupon order such person to comply with the requirements of the subpoena. Failure to comply with the order of the court may be treated as contempt thereof.
(4) At the conclusion of the hearing, the hearing committee, upon the majority vote of the members of such committee, shall transmit to the Board of Animal Health a written opinion incorporating findings of fact and recommendations for penalties which shall not exceed One Thousand Dollars ($1,000.00) for each violation.
69-15-57. Certification of findings and recommendations to Board of Animal Health.
The reviewing officer and/or the hearing committee shall certify findings and
recommendations to the Board of Animal Health within five (5) days of the conclusion of
the proceedings. The Board of Animal Health shall, at its next regular meeting, review
such findings and recommendations and approve, modify or reverse the recommendations made
as a result of the review and hearing. The Board of Animal Health shall then notify the
accused violator of its decision by certified mail at a mailing address provided during
the proceedings, or at the accused violator's last-known address.
69-15-59. Waiver of right to hearing.
Failure of the accused to request a hearing or respond to the complaint within thirty (30)
days shall constitute a waiver of the right to a hearing and any penalties assessed by the
board shall be due and payable as provided in Section 69-15-67.
69-15-61. Jurisdiction of Board of Animal Health; authority to adopt rules and
regulations.
The Board of Animal Health shall have jurisdiction over all persons and property necessary
to administer and enforce the provisions of Sections 69- 15-51 through 69-15-69, the rules
and regulations of the board, and all other laws relating to the prevention and
eradication of diseases in animals and livestock. The board may adopt rules and
regulations to implement the provisions of Sections 69-15-51 through 69-15-69.
69-15-63. Judicial review.
(1) Any individual aggrieved by a final decision of the Board of Animal Health after its
review of the hearing officer's recommendation shall be entitled to judicial review.
(2) An appeal from the board's decision shall be filed in the Circuit Court of the First Judicial District of Hinds County on the record made, including a verbatim transcript of the testimony at the hearing held before the designated hearing committee of the Board of Animal Health. The appeal shall be filed within thirty (30) days after notification of the action of the board is mailed or served and the proceedings in circuit court shall be conducted as other matters coming before the court. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of preparation of the record of the proceedings by the Board of Animal Health, and the filing of a bond in the sum of Five Hundred Dollars ($500.00) conditioned that if the action of the board be affirmed by the circuit court, the aggrieved party shall pay the costs of the appeal and the action of the circuit court.
(3) The scope of review of the circuit court in such cases shall be limited to a review of the record made before the board or hearing committee to determine if the action of the board is unlawful for the reason that it was:
(a) Not supported by any substantial evidence;
(b) Arbitrary or capricious; or
(c) In violation of some statutory or constitutional right of the individual.
(4) No relief shall be granted based upon the court's finding of harmless error by the board in complying with the procedural requirements of Sections 69-15-51 through 69-15-61. In the event that there is a finding of prejudicial error in the proceedings, the cause may be remanded for a rehearing consistent with the findings of the court.
(5) Any party aggrieved by action of the circuit court may appeal to the State Supreme Court in the manner provided by law.
69-15-65. Penalties.
(1) Each violation of the rules and regulations of the Board of Animal Health or
violations of any other of the laws governing the eradication of contagious diseases in
animals and livestock shall be subject to the imposition of a civil penalty up to One
Thousand Dollars ($1,000.00).
(2) When one or more animals are involved and are the subject of the violation each animal shall constitute a separate violation.
69-15-67. Failure to pay penalty.
(1) Any penalty assessed by the Board of Animal Health shall be due and payable within
forty-five (45) days of the notification of the board's decision.
(2) In the event that the judgment is not paid within the forty-five (45) days, or within such additional time as the board may allow, the Board of Animal Health through its designated representative may file suit in the circuit court of the county where the defendant resides or in the case of a nonresident defendant in the Circuit Court of the First Judicial District of Hinds County or any other court with appropriate jurisdiction to enforce the decision of the board and recover reasonable attorney's fees and all court costs.
(3) A copy of the notification sent by the board to the violator shall be sufficient proof as to the judgment of the board.
69-15-69. Immunity for witnesses.
No person shall be subject to criminal prosecution or to any penalty or forfeiture for or
on account of any transaction, matter or issue concerning which he may be required to
testify to or produce evidence, or provide documentation, before the board or at any of
its hearings or conferences, or in compliance with any subpoena, however, no person
testifying shall be exempt from prosecution and punishment for perjury committed in so
testifying.
69-15-101. Areas for control of diseases of livestock and poultry.
(1) The boards of supervisors of any county, or one or more counties, are hereby
authorized and empowered, in their discretion, to establish areas composed of one or more
counties for the purpose of cooperating with the board of animal health and the United
States Bureau of Animal Industry, separately or jointly, in providing for a program of
control and eradication of certain diseases of livestock and poultry within such area
established.
(2) Boards of supervisors of any county or counties acting under the authority conferred by this section are authorized and empowered, in their discretion, to contribute to the support of such area program in an amount equal to thirty- three and one-third per cent of the cost of administering the program in such area. The cost of administering such program to be determined by the board and entered upon their minutes at the time funds are appropriated for the support of same. The funds herein authorized to be expended by the board or boards of supervisors of each county or group of counties comprising such area shall be paid out of the general fund of such county or counties on order of the board of supervisors duly entered on their minutes.
(3) The board of animal health is hereby authorized to purchase and supply at cost any vaccine necessary for use in control and eradication of diseases of livestock and poultry in such area hereby authorized to be established, to the owners of livestock or poultry residing in an area cooperating with the control program hereby authorized.
(4) In order that any area created under the provisions of this section may have the services of a veterinarian, the board of animal health is hereby authorized and empowered, in their discretion, to employ a veterinarian for such area, and such area veterinarian shall have the authority to employ local veterinarians with the approval of the board of animal health, and the board of supervisors of the county or counties comprising such area are authorized and empowered to contribute to the payment of the salary of such veterinarians employed by the board of animal health.
69-15-103. Spraying to prevent spread of disease at state fairs and community sale barns.
(1) All pens, stalls, barns, or other places where livestock are placed or held for
exhibits or shows at all fairs within the state shall be sprayed with an approved
insecticide before any animals are placed therein, and immediately after removal of such
animals, all such pens, stalls, barns, or other places where such animals have been
confined shall be sprayed with an approved disinfectant. Such spraying shall be done under
the direction or supervision of the board of animal health. It shall be the duty of the
fair managers to see that the provisions hereof are complied with.
(2) All community sale barns within the state where any kind of livestock is sold, shall be sprayed with an approved insecticide before any animals are placed therein and immediately after removal of such animals. Such spraying shall be done at the expense of the owners of said sale barns, and done under directions of the board of animal health. Failure by the owners of said sale barns to comply with the provisions hereof shall be punished by a fine imposed upon them of not less than twenty-five dollars ($25.00), nor more than fifty dollars ($50.00).
69-15-105. County or district to establish program to control or eradicate ticks, flies,
and other external parasites.
(1) The boards of supervisors in the various counties are hereby authorized and empowered,
in their discretion, to put into effect the provisions of this section by order of said
respective boards spread upon the minutes of such board when petitioned by a majority of
livestock owners in any county or affected district.
(2) The board of supervisors of any county, when petitioned, electing to come under the provisions of this section shall be authorized to appropriate money from the general fund or fix the levy annually of an ad valorem tax, not to exceed two (2) mills, upon the assessed valuation of all real and personal property within the area petitioned for and/or fix a fee not to exceed Twenty- five Cents (25 cents) per head on livestock annually, based on cost estimates for a program of controlling or eradicating ticks, flies, and other nuisance insects by dipping livestock or by other appropriate methods.
(3) The board of supervisors of any county, upon designating an area where the program shall be operated, shall request the technical assistance of the Board of Animal Health. The Board of Animal Health shall cooperate in general planning, technical supervision, furnish specifications for vats, and other equipment, select approved chemical agents and test same for effectiveness.
(4) The board of supervisors of any county is authorized to construct dipping vats in suitable locations, purchase other equipment and supplies, and employ such personnel as necessary, including inspectors who shall be enforcement officers for the county board of supervisors.
It shall be the duty of each livestock owner within the area of program operations to cooperate with the board of supervisors and its representatives and comply with the provisions of this section.
(5) The board of supervisors of any county shall have the authority to require all owners when necessary to assemble all their livestock at a designated time and place and have same dipped or treated according to prescribed methods.
Owners who refuse or fail to comply after having been duly notified to have livestock assembled and dipped or treated as prescribed shall be in violation of the provisions of this section and shall be subject to the provisions of Sections 69-15-53 through 69-15-69.
(6) The purpose of this section is to supplement and be in addition to Section 69-15-307, Mississippi Code of 1972, and related statutes. Nothing in this section to the contrary shall replace or minimize existing statute concerning existing laws for the eradication of the cattle fever tick (Margaropus annulatus).
69-15-111. Bringing livestock into state
It shall be unlawful for any person or persons, firm or corporation to drive, convey,
transport or allow to drift from any state or territory, into this state any livestock
except under the supervision and in accordance with the rules and regulations of the Board
of Animal Health. Steers may be moved into the state for feeding and grazing purposes
under special permit issued by the State Veterinarian.
Livestock shipped, trailed, driven or otherwise transported into this state from other
states or territories shall be subject to examinations and tests approved by the Board of
Animal Health for the purpose of determining if such animals are free of infectious
abortion or bangs disease. Should such animals react to the tests, they shall immediately
upon notice to the owner from the board or one (1) of the board's inspectors or
veterinarians be returned to the state from which they came, or slaughtered under the
supervision and direction of the board. The Board of Animal Health is authorized and
empowered to require livestock owners or persons having livestock in charge, affected
with, or exposed to infectious abortion, upon notice to assemble or have assembled such
livestock at a place and time designated by an inspector or veterinarian of the Board of
Animal Health or of the United States Bureau of Animal Industry in order that the proper
and necessary tests and examinations can be made. All animals which react to the test for
infectious abortion or show marked diagnostic symptoms of infectious abortion shall be
quarantined, segregated, isolated or otherwise disposed of under the direction of the
Board of Animal Health.
Any person, firm or corporation violating any of the provisions of this section or any of
the rules and regulations of the Board of Animal Health shall be deemed in violation of
the provisions of this section and shall be subject to the provisions of Sections 69-15-53
through 69-15-69.
69-15-113. Compensation for destroying infected livestock
Owners of livestock infected with any contagious or infectious disease, whose animals are
destroyed by authority of the board of animal health shall receive compensation from the
state in accordance with the following provisions:
Before authorizing the destruction of such diseased animals, they shall be appraised by a
duly commissioned representative of the board of animal health of the State of Mississippi
or a cooperating representative of the U. S. Department of Agriculture, Bureau of Animal
Industry, duly commissioned by said board of animal health. If the owner shall refuse to
accept such appraisal, the animals shall be appraised (under oath) by three competent and
disinterested appraisers; one to be selected by the duly commissioned representative of
the board of animal health or of the U. S. Department of Agriculture, Bureau of Animal
Industry duly commissioned by said board of animal health, one by the owner, and those two
to select a third; the appraisal to be based upon the value of the animals at the time the
animals are condemned for destruction; and, provided, further, that the state to pay not
to exceed one-third of the difference between the appraised value of each animal so
destroyed and the value of the salvage thereof, when any portion of said appraised value
is paid by the U. S. Department of Agriculture, and not more than two-thirds thereof in
the event no portion is paid by said U. S. Department of Agriculture. In no event shall
the state be liable on an appraised value exceeding $25.00 per head for grade cattle and
$50.00 per head for registered purebred cattle.
Upon receipt of a duly certified copy of the appraisal of the stock condemned to be
destroyed, and a certificate from the board of animal health that the condemned stock has
been destroyed in accordance with the rules and regulations of said board, a requisition
shall be issued, signed by the executive officer and the chairman of the state board of
animal health, authorizing the state auditor to issue a warrant for the amount stipulated
out of funds in the state treasury especially
69-15-115. Penalties for violations
Any person, firm or corporation violating any of the provisions of Article 5 of
this chapter, or any of the rules and regulations of the Board of Animal Health, relative
to the control and eradication of tuberculosis, anthrax, hog cholera, Texas and splenic
fever and the fever-carrying tick (Margaropus annulatus), cattle brucellosis,
anaplasmosis, infectious bovine rhinotracheitis, muscosal disease, cattle viral diarrhea,
cattle scabies, sheep scabies, swine erysipelas, swine brucellosis, equine
encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease,
infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group, equine
infectious anemia and any suspected new and/or foreign diseases of livestock and poultry,
and all other diseases of animals in this state, made and promulgated thereunder shall be
subject to the provisions of Sections 69-15-53 through 69-15-69.
69-15-117. Equine infectious anemia test requirement for shows or sales
(1) All equidae located on any premises within the state where the public
participates in equine activities for any purpose, including, but not limited to,
training, breeding, performing or exhibition shall be accompanied by the original copy of
a negative current equine infectious anemia (EIA) test. All equidae moving within the
state for any reason shall be accompanied by the original copy of a negative current
equine infectious anemia (EIA) test. Equidae being sold at a public sale or sold at a
private sale shall have a negative current equine infectious anemia (EIA) test.
(2) The Board of Animal Health shall promulgate rules and regulations to enforce this
section.
(3) Any person violating this section or the rules and regulations promulgated under this
section by the Board of Animal Health is subject to the penalties provided in Section
69-15-65.
69-15-301. Duties of board; additional personnel
(1) The work of tick eradication shall be prosecuted by the Board of Animal
Health under the following provisions: The State Veterinarian, with the approval and
consent of the board, shall hire an assistant executive officer for tick eradication who
shall receive a salary of not exceeding Four Thousand Dollars ($4,000.00) per annum to be
fixed by the board, who shall be duly qualified for the work and of recognized ability and
experience in tick eradication and who shall have full authority and jurisdiction, subject
to the rules and regulations of the Board of Animal Health in the matter, direction and
administration of the work of eradication of the Texas and splenic fever and the
fever-carrying tick, in the State of Mississippi, until such time as in the judgment of
the said board it is necessary for the prosecution to a successful conclusion of the
campaign of eradicating said ticks and tick fever.
(2) The assistant executive officer shall have for the purpose of eradication of the Texas
and splenic fever or fever-carrying tick, all the powers, authority and jurisdiction now
conferred by law upon the Executive Officer of the Board of Animal Health, upon the
conditions and limitations set forth in this section and in Section 69-15-303, Mississippi
Code of 1972.
(3) The assistant executive officer shall employ such inspectors and range riders and
other employees as may be deemed necessary by the Board of Animal Health for the
successful prosecution of the work of eradication of the said Texas and splenic fever and
fever-carrying tick, the employment of such inspectors, range riders, and other employees
to be subject to the approval of the advisory commission on tick eradication, the
compensation of such inspectors, range riders, and other employees to be subject to the
approval of the said advisory commission, fixed by the board and paid out of any
appropriation made to said board for tick eradication.
69-15-303. Advisory commission
The governor shall appoint a commission of five men of recognized business ability and
integrity, three of whom shall reside south of the Alabama & Vicksburg division of the
Illinois Central Railroad, and two of whom shall reside north of the said Alabama &
Vicksburg division of the Illinois Central Railroad, which shall be an advisory commission
to the board of animal health and the assistant executive officer thereof in all matters
pertaining to the eradication of the Texas fever and splenic fever and fever-carrying
tick, and it shall be the duty of said commission to advise with the board of animal
health and the executive officer thereof in all matters pertaining to the eradication of
the tick fever and ticks from the State of Mississippi, and to aid and assist in the
prosecution of said work to a successful conclusion. The said commission may elect one of
its members as chairman and one as secretary and the members shall receive no
compensation, but shall be reimbursed for all necessary expenses actually incurred in the
performance of the duties hereby imposed, same to be paid by the board of animal health
upon itemized accounts duly filed with and approved by the board. However, the expense of
each of the commissioners shall not exceed the sum of two hundred fifty dollars ($250.00).
All vacancies which occur in the advisory commission shall be filled by election by a vote
of a majority of the remaining members of the commission.
69-15-305. Local state inspectors; range riders
The state veterinarian shall appoint the necessary number of local state inspectors and
range riders to assist the counties in systematic tick eradication, who shall be
commissioned by the board of animal health as livestock inspectors. The salaries of said
inspectors and range riders shall be fixed by the board of animal health and shall be
sufficient to insure the employment of competent men. If the services of any of said
inspectors or range riders is not satisfactory to the state veterinarian, his services
shall be immediately discontinued, and the decision of the state veterinarian, after
confirmation by the board, shall be final without recourse and the commission of said
inspector shall be cancelled. The salaries of said inspectors shall be paid from funds at
the disposal of the board of animal health, drawn by secretary and approved by chairman.
69-15-307. Assistance of board of supervisors
The board of supervisors in the various counties of the state are authorized and empowered
to appropriate money out of the general fund of the county to be used for the purpose of
co-operating with the Mississippi Board of Animal Health and the United States Department
of Agriculture, Bureau of Animal Industry, in eradicating tick fever, cattle tick, lice,
and other animal parasites, and any other contagious and infectious diseases of livestock
or the causes of such diseases.
69-15-309. Duty of board of supervisors
If it shall be determined by the state veterinarian, or his authorized agent,
that any county or counties shall be partially or completely infested with the cattle tick
(margaropus annulatus), the board of supervisors of said counties which are partially or
completely infested with the cattle tick (margaropus annulatus) shall immediately take up
the work of systematic tick eradication as provided in this article.
69-15-311. Dipping of infected animals
Systematic dipping of all cattle, horses, jacks, jennets and mules infested with
or exposed to the cattle tick (margaropus annulatus), shall be taken up as soon as
practical in all counties or portions of counties that shall at any time be found
partially or completely infested with the cattle tick (margaropus annulatus) under the
direction of the state veterinarian, acting under the authority as herein provided, and as
provided by the rules and regulations of the board of animal health. However, this section
shall not hinder or handicap the operation of stock law.§ 69-15-311. Infected cattle to
be dipped.
69-15-313. Providing of dipping vats
The boards of supervisors, after being notified by the state veterinarian that
the cattle tick (margaropus annulatus) is known to exist in their respective counties,
shall provide such number of dipping vats as may be fixed by the state veterinarian or his
authorized representative, and provide the proper chemicals and other materials necessary
to be used in the work of systematic tick eradication in such counties, and said work of
systematic tick eradication shall begin on the date indicated by the state veterinarian
and continue until the cattle tick (margaropus annulatus) is completely eradicated, and
notice in writing of same is given by the state veterinarian.
69-15-315. Violations by board of supervisors
If the board of supervisors shall fail, refuse or neglect to comply with the provisions of
this article, the state veterinarian or an authorized agent of the state veterinarian,
shall apply to any court of competent jurisdiction for a writ of mandamus or shall
institute such other proceedings as may be necessary and proper to compel such county
boards of supervisors to comply with the provisions of this article applying to them.
69-15-317. Regular dipping intervals
Any person, or persons, firms or corporations, owning or having in charge any cattle,
horses, jacks, jennets or mules in any county where tick eradication shall be taken up, or
is in progress under existing laws, shall, on notification by any livestock inspector to
do so, have such cattle, horses, jacks, jennets or mules dipped regularly every 14 days in
a vat properly charged with arsenical solution, as recommended by the United States Bureau
of Animal Industry under the supervision of said inspector, at such time and places and in
such manner as may be designated by the livestock inspector. All animals dipped shall be
marked for identification. The dipping period shall be continued as long as may be
required by the rules and regulations of the state board of animal health, which shall be
sufficient in number and length of time to completely destroy and eradicate all cattle
ticks (margaropus annulatus) in such county or counties.
69-15-319. Posting of notice
Quarantines and dipping notices for cattle, horses, jacks, jennets and mules, the
owner or owners of which cannot be found, shall be served by posting copy of such notice
in not less than three public places within the county in community where stock were
found, one of which shall be placed at the county court house. Such posting shall be due
and legal notice.
69-15-321. Failure of owner to dip animals
Cattle, horses, jacks, jennets or mules infested with or exposed to the cattle tick
(margaropus annulatus), in any county known to be partly or wholly infested with such
tick, the owner or owners of which, after five days written notice from a livestock
inspector, or such animals as are provided for under section 69-15-321, shall fail or
refuse to dip such animals at a time and place designated in such notice and regularly
every 14 days thereafter until released, in a vat properly charged with arsenical
solution, under the supervision of a livestock inspector, said cattle, horses, jacks,
jennets or mules shall be dipped, quarantined and placed in the custody of the sheriff, by
the livestock inspector. Suitably fenced areas for holding such cattle while in the
custody of the sheriff shall be provided by the board of supervisors.
69-15-323. Enforcement expenses constitute lien on animal
Any expense incurred in the enforcement of section 69-15-321 or for feed, care
and handling of such animals while undergoing the process of tick eradication, and any
expense incurred in handling, dipping, confining, feeding or pasturing of any animals
while in the custody of the sheriff shall constitute a lien upon such animal or animals to
be paid by the owner or owners of the animals before the same are released by the sheriff.
Should the owner or owners of cattle, horses, jacks, jennets and mules which have been
placed in the custody of the sheriff as herein provided, fail or refuse to pay said
expenses after five days' notice, they shall be sold by the sheriff of the county after
ten days advertising, either by notice at courthouse door and two other public places in
the neighborhood of the place at which the animal was taken up, or in the newspaper
published in the county having general circulation therein. The said advertisement shall
state therein the time and place of sale, which place shall be where the animal is
confined. The sale shall be at public auction and to the highest bidder, for cash. Out of
the proceeds of the sale, the sheriff shall pay the cost of publishing the notices, costs
of dipping, feeding and caring for the animals and the costs of sale which shall include
$2.00 in the case of each sale, to said sheriff. The surplus, if any, shall be paid to the
owner of the animal or animals, if he can be ascertained. If he cannot be ascertained
within thirty days after such sale, then the sheriff shall pay such surplus to the county
treasurer for benefit of the general fund of the county; provided, however, that if the
owner of the animal or animals shall within three years after the fund is turned over to
the county treasurer, as aforesaid, prove to the satisfaction of the board of supervisors
of the county that he was the owner of such animals, upon the order of said board such
surplus shall be refunded to the owner.
69-15-325. Moving from quarantined to free areas
Any person or persons, firm or corporation, driving, conveying, transporting or allowing
to drift from any state or territory, into or through this state, or within this state
from a quarantined county or area into a free county or area or into a county or area in
which systematic tick eradication is in progress, animals infested with or exposed to the
cattle fever tick (Margaropus annulatus) shall be deemed to be in violation of the animal
health laws of this state and shall be subject to the provisions of Sections 69-15-53
through 69-15-69. Nothing herein shall apply to livestock shipped through a recognized
disinfecting station and accompanied by a regulation permit covering the movement
therefrom.
69-15-327. Duty of sheriff
It shall be the duty of the sheriff in any county in which the work of tick
eradication is in progress, to render all livestock inspectors any assistance in the
enforcement of this article and the regulations of the board of animal health. If the
sheriff of any county shall neglect, fail or refuse to render this assistance when so
required, he shall be guilty of a misdemeanor, and be punishable as in other cases of
malfeasance or misfeasance in office.
69-15-329. Vat destruction
Any person or persons who shall wilfully damage or destroy by any means, any vat
erected, or in the process of being erected, as herein provided for tick eradication
purposes, shall be guilty of a felony, and upon conviction shall be imprisoned not less
than six months, or more than five years in the state prison.
69-15-331. Penalty generally; injunctive relief
(1) Except as otherwise provided in the particular sections of this chapter, any person,
firm or corporation violating any of the provisions of Articles 1, 3, 5 and 7 of this
chapter, or any of the rules and regulations of the Board of Animal Health or interfering
with any duly appointed officer of said board in the discharge of his duty, or for having
discharged his duties, shall be subject to the provisions of Sections 69-15-53 through
69-15-69.
(2) When necessary to effect the purposes of this chapter, in addition to all other
remedies in law or equity, the Commissioner of Agriculture and Commerce may and is hereby
authorized to petition the chancery court for an injunction
to prevent any violation of the provisions of this chapter, or the continuance of any such
violation or to enforce compliance herewith. The chancery court is hereby vested with
authority to entertain jurisdiction on any such petition to determine the cause and to
issue such process as may be necessary to accomplish the purposes of this chapter.
Amended in 1998, 1999, 2000, 2003.
Reviewed and updated by AAHS in December 2001.
Reviewed and updated by AAHS in May 2003.
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