7101 Duties and powers of Department of Agriculture; construction with Chapter
(a) The Department of Agriculture shall protect the health of the domestic animals of the State, and determine and employ the most efficient and practical means for the detection, prevention, suppression, control or eradication of dangerous, contagious or infectious diseases among the domestic animals, to include a blood test and injection test for the determination of the existence of any contagious or infectious disease. For these purposes it may establish, maintain, enforce and regulate such quarantine and other measures relating to the movement and care of animals and their products, the disinfection of suspected localities and articles and the destruction of animals, as it deems necessary, and may adopt from time to time all such regulations as are necessary and proper for carrying out the purposes of this chapter and Chapter 73 of this title. In the case of any contagious disease, the Department or its authorized agents may put under quarantine the entire herd containing the suspected or diseased animal or animals.
(b) Where this section is in conflict with Chapter 63 of this title, this section shall control.
7104 Entry on premises for examination.
(a) The Department of Agriculture or any member thereof, or any of their duly authorized agents, may enter any premises, farms, fields or pens, where any domestic animals are at the time quartered, for the purpose of examining them in any way that is deemed necessary to determine whether they are or were the subjects of any contagious or infectious diseases.
(b) For purposes of this section, it shall be the duty of the owner or custodian of any animals proposed to be examined, to adequately restrain and confine said animals in an area accessible to the examiner and so designated by him on the premises.
7107 Compensation for animals condemned and killed.
(a) Except as otherwise provided in Chapter 73 of this title, when it is deemed necessary to condemn and kill any animal or animals to prevent the further spread of disease, and an agreement cannot be made with the owners for the value thereof, 3 appraisers shall be appointed, 1 by the owner, 1 by the Department of Agriculture or its authorized agent, and the third by the 2 so appointed. The appraisers shall, under oath or affirmation, appraise the animal or animals, taking into consideration their actual value and condition at the time of appraisement, and the appraised price shall be paid in the same manner as other expenses of the Department. Under such appraisement not more than $50 shall be paid for any infected animal of grade or common stock, not more than $100 for any infected animal of registered stock, not more than $40 for any horse or mule of common or grade stock, and not more than 50 percent of the appraised value of any standard bred registered or imported horse.
(b) Notwithstanding the provisions of subsection (a) of this section, in no event shall the State be liable or otherwise legally obligated to pay compensation to any person(s) or other entities in any amount exceeding $5 million during any single state fiscal year as a result of the State's having ordered the destruction of any poultry to prevent the spread of disease.
For the purpose of this chapter, unless the context otherwise requires:
(1) "Department" means the Department of Agriculture.
(2) "Person" includes veterinary practitioner, racetrack official, racing commission official, private horse owner, trainer, jockey or private person.
(3) "Equine" includes all horses of every type and description.
7402 Equine Infectious Anemia suspected; notification.
Any person who knows or suspects that a case of Equine Infectious Anemia may exist in an equine shall immediately notify the Department and shall supply the Department with:
(1) The name of the equine, if known;
(2) Its present location; and
(3) The name of the owner, if known.
7403 Rules and regulations; quarantine orders.
(a) For the proper enforcement of this chapter, the Department may make and enforce orders, rules and regulations for the control and eradication of Equine Infectious Anemia.
(b) Any equine suspected of having Equine Infectious Anemia shall be, by order of the Department, removed from the barns or other facilities used by healthy equines and quarantined in such place on the premises on which it is being kept so as to insure its isolation, and it shall remain under quarantine in isolation for such period as the Department deems appropriate to insure that it is free of Equine Infectious Anemia.
7404 Diagnosis and testing; expense.
The testing and diagnosis of any equine suspected of having Equine Infectious Anemia shall be by the standard "agar gel immunodiffusion test" or by such other procedures as prescribed by the Department, and the cost thereof borne by the owner.
7405 Destruction of condemned equines.
Any equine determined incurable and condemned for Equine Infectious Anemia shall be destroyed upon the direction of the Department or its duly appointed agent.
7406 Payment for equines condemned.
The Department may pay out of the funds appropriated by the General Assembly of this State a sum up to $1,000 for any equine, whose owner is a resident of this State, ordered destroyed, provided that the owner has submitted a claim for indemnity on forms prescribed by the Department and has complied with all quarantine regulations. The Department shall make the final determination as to the amount to be paid under this section.
7407 Violations and penalties.
Whoever fails to report an equine, knowing or suspecting the same to be infected with Equine Infectious Anemia, or who knowingly moves a suspected or positively diagnosed equine from one premise to another, or who fails to keep such equine under quarantine in accordance with s 7403 of this title, shall be penalized as the Delaware Harness Racing Commission or Delaware Racing Commission sees fit.
Reviewed by AAHS in December 2001.
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