I. "Person," "owner" or "importer" means any person, corporation, association, partnership, company, firm or other aggregation of individuals.
II. "Domestic animals" means all animals, including poultry, that are kept or harbored as domesticated animals.
III. "Vaccines" means all biological products that contain living organisms.
436:2 Division of Animal Industry.
There shall be a division of the department of agriculture, markets, and food known as the division of animal industry.
436:3. Record to be Kept
The commissioner shall keep a record of all permits issued and bovine animals imported, of all animals tested on behalf of the state, or at the request of the owner, with the date and place of the test and the name and residence of the owner; and a complete and accurate record of all work performed under this chapter.
The commissioner shall, between September 1 and October 31 of each year, make a written report to the governor and council, stating in detail the work done during the preceding year.
436:5. Assistance; Rules
The commissioner may, with such funds as may be available for the purpose, employ such clerical, veterinary and other assistance as he may deem necessary for the proper performance of his duties and the fulfillment of the purpose of this chapter, and may adopt rules under RSA 541-A for the proper execution of its provisions.
436:6. Federal Cooperation
The commissioner is authorized to accept, on behalf of the state, the rules and regulations prepared by the Secretary of Agriculture under and in pursuance of section 3 of an act of Congress approved May 29, 1884, entitled "An act for the establishment of a bureau of animal industry to prevent the exportation of diseased cattle, and to provide means for the suppression and extirpation of pleuropneumonia and other contagious diseases among domestic animals," or of any other such act of Congress, and he may cooperate with the authorities of the United States government within this state in the carrying out of such rules and regulations and the enforcement of the provisions of any such act or acts so passed which are not in conflict with the statutes of this state.
The commissioner of agriculture, markets, and food shall, with the approval of the governor and council, appoint a graduate of a veterinary college of recognized standing, who shall have had at least 5 years' experience in the practice of veterinary medicine, including large animal practice, and who shall be known as the state veterinarian and the director of the division of animal industry.
The state veterinarian, under the direction of the commissioner, shall have all of the powers of the commissioner and shall have general charge of the enforcement of this chapter, and shall devote his entire time and attention to the duties of his office. The state veterinarian shall have the power to enforce the provisions of and investigate complaints under RSA 644:8, 644:8-a, 644:8-aa and any other law pertaining to the abuse of domestic animals, as defined under RSA 436:1. In the event the commissioner becomes incapacitated or a vacancy occurs in the office, the state veterinarian shall perform all the duties of that office during any such incapacity or until any such vacancy is filled. The commissioner may direct the state veterinarian to act for him in an official capacity whenever he may be absent from his duties.
436:9. Salary and Expenses
He shall receive the annual salary prescribed by RSA 94:1-4, and shall be allowed his expenses when away from the office of the department on official business.
The commissioner shall adopt such rules as he may deem necessary relating to the importation into this state of horses, asses, mules, sheep, swine or other domestic animals, except as provided for by RSA 436:10. He may require that a physical examination or test be made of every such animal brought, driven or shipped into this state, may adopt quarantine rules for all such animals and may adopt whatever rules he deems necessary to prevent the introduction into this state of contagious or infectious diseases.
436:25. Diseased Animals
When such animals are found to have any contagious or infectious disease, they shall immediately be slaughtered by, and at the expense of, the importer or owner, or held in strict quarantine, if the disease is curable, under rules adopted by the commissioner; and when slaughtered the carcasses shall be subject to the provisions of RSA 436:17 relating to the disposition of the same; but in no case shall the importer or owner retain the hide of any animal infected with glanders or anthrax, nor shall the carcass of any animal infected with glanders or anthrax be shipped to a fertilizer or rendering plant.
436:26. Expense of Examination, etc.
The importer or owner shall bear the expense of detention, examination, test and slaughter under this subdivision and RSA 436:10-20, but not the personal expenses of the commissioner or his agent.
436:27. Permits To Drive Animals
Persons living near the state line who own or occupy land in an adjoining state, or persons living in an adjoining state who own or occupy land in this state near the state line, may secure from the commissioner a permit to drive cattle, horses, asses, mules or sheep back and forth to pasture and for other purposes, subject to such restrictions or regulation as he may deem necessary in any particular case.
436:28. Issuance of Health Certificates
I. The commissioner may prepare and issue health certificates for interstate shipment of livestock and poultry.
II. The commissioner may adopt rules, pursuant to RSA 541-A, for the preparation and issuance of health certificates authorized by paragraph I.
I. Any person who drives, brings or ships domestic animals into this state, or is an accessory thereto, knowing or having reason to believe that any of them have a contagious or infectious disease or have been exposed to any such disease, or violates any of the provisions or rules relating to importation or quarantine, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. The bringing, shipping or driving of each animal into this state in violation of the provisions of this section or in violation of the importation or quarantine rules shall constitute a separate offense.
II. In addition, any person who violates any of the provisions of this subdivision or rules adopted under it may be subject to an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
436:30. Interstate Transportation
The provisions of RSA 436:29 shall not apply to livestock being transported through the state in interstate commerce.
The commissioner shall cause systematic investigation, insofar as available funds will permit, to be made as to the existence of pleuropneumonia, foot and mouth disease, glanders, hog cholera, anthrax, black leg, hemorrhagic septicemia, rabies, scrapie, fowl cholera, European fowl pest, or any other infectious or contagious disease among cattle, horses, asses, mules, sheep, swine and all other domestic animals, and the commissioner or the commissioner's duly authorized agent may enter any premises, including stockyards within any part of the state in or at which the commissioner has reason to believe that there exists or may exist any such disease and make search, investigation and inquiry in regard to the existence thereof.
The commissioner may call to his aid, if necessary, the police officer or constable of the city or town, or the sheriff of the county, in which such animals may be located and all such officers when so called upon by said commissioner or his duly authorized agent, shall assist in the enforcement of the provisions of this subdivision.
436:33. Notice to Commissioner
Whenever a local board of health or its executive officer, veterinarian, selectman or any person has notice of or suspects the existence of any of the diseases named in RSA 436:31, or other contagious or infectious diseases among domestic animals, such board of health or person shall immediately notify the commissioner in writing, stating the grounds for such belief or suspicion. Any owner suspecting the existence of any such disease among his domestic animals shall immediately notify the commissioner in writing of such fact.
436:34 Quarantine of Animals.
Whenever the commissioner, upon investigation or upon notification, has reason to believe that a domestic animal or captive wildlife is infected with a contagious or infectious disease the commissioner shall immediately cause it to be quarantined or isolated upon the premises of the owner or the person in whose possession it is found, or in such other place or enclosure as the commissioner may designate, and the removal of the animal from any premises where it may be ordered to be kept shall be forbidden.
436:35 Quarantine of Premises.
The commissioner may quarantine the premises upon which there is a domestic animal or captive wildlife infected with any contagious or infectious disease, or that is suspected of being so infected, or that has been exposed to such disease, and may forbid the removal of any such animal or wildlife or any animals or wildlife susceptible to such disease by serving a written order upon the owner or person in possession of said premises or by posting a copy of such order at the premises' usual entrance. Such animal or wildlife or animals or wildlife shall be kept under quarantine for such periods of time as the commissioner may deem necessary to prevent the spread of the suspected disease to other animals off the quarantined premises. The commissioner may determine the length of quarantine based upon the recommendations of the United States Animal Health Association and the United States Department of Agriculture.
436:36. Quarantine of Locality
If any such disease becomes epidemic, the commissioner may issue a proclamation quarantining the locality and forbidding the removal from the locality of any animal so diseased or susceptible without his permission.
436:37. Destroying Notice of Quarantine
No person shall tear down, mutilate, deface or destroy any such notice or order issued by the commissioner when posted as provided herein, during the pendency of such notice or order.
436:38. Penalty for Violations
I. Whoever violates a quarantine provision or rule shall be guilty of a misdemeanor.
II. In addition, whoever violates a quarantine provision or rule relating to a quarantine may be subject to an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
Whenever animals have been quarantined as herein provided, the commissioner, within a reasonable time, shall cause a physical examination of such animals to be made. If, on such physical examination, he deems it necessary, he may apply the tuberculin or any other approved test. He shall not, when he suspects bovine tuberculosis, take any action based upon such physical examination except in advanced cases unless the tuberculin or other approved test is applied and such test confirms the result of the physical examination. If any animal is found to have bovine tuberculosis, he may cause a test to be made of the entire herd in which such animal was found or of any animal which may have been exposed to said disease. If the disease suspected is one which science has demonstrated can be controlled in susceptible animals by the proper vaccination of said animals, the commissioner or his agent may order any and all susceptible animals vaccinated or treated as he may deem advisable.
436:40. Test; Slaughter
If the veterinarian authorized by the commissioner to examine or test an animal for the presence of an infectious or contagious disease certifies to the commissioner in writing that he has made an examination or test in accordance with the rules adopted by the commissioner, that in his judgment such animal is infected with a specific infectious or contagious disease, or that its destruction is necessary in order to prevent or suppress, or to aid in preventing or suppressing such disease such animal shall, except in cases herein otherwise provided, forthwith be slaughtered by and at the expense of the owner or the person in possession thereof, and the carcass shall be dealt with as provided for the disposal of carcasses of imported animals after slaughter.
The cost of examination or test in such cases and the expenses of the commissioner or his agents shall be borne by the state.
436:42. By Commissioner
The owner of cattle, horses, asses, mules, sheep or swine may apply to the commissioner for an examination of his animals for tuberculosis, brucellosis or glanders, subject to the provisions of this subdivision.
The application shall be upon a blank form provided by the commissioner, and shall include an agreement on the part of the owner of such animals to improve faulty sanitary conditions, to disinfect his premises if diseased animals should be found, to follow directions of the commissioner designed to prevent reinfection of his herd or other animals, and to suppress the disease and prevent its spread.
436:44. Examination; Disposal
As soon as possible after receipt of an application, the commissioner or some competent veterinarian in his employ shall make a thorough physical examination of such animals, and may subject them to the tuberculin, mallein or other approved test, and if any of the animals react to the test so made, or upon physical examination are found to be infected with a contagious or infectious disease, they shall be condemned and slaughtered after appraisal, or held in strict quarantine as provided for by this chapter in the case of registered purebred tuberculous bovines. After slaughter, the carcasses shall be disposed of as provided under RSA 436:17.
436:45. Expense; Indemnity
The cost of examination or test shall be borne by the state; but if the owner, after signing the above agreement, shall knowingly fail to carry out its terms, he shall forfeit any indemnity to which he would otherwise be entitled for any animals found to be infected.
436:46. Surveillance Tests
The commissioner shall make such tests for tuberculosis and brucellosis from time to time as he sees fit at the expense of the state. If any suspects shall show as the result of such tests he shall quarantine said animals or the herd premises or both; further, should any reactors to such tests be found, the entire premises shall be quarantined, reactors tagged, branded, appraised, slaughtered and paid for as provided by this subdivision. The reactor premises shall remain quarantined until reactors are legally removed, properly disinfected and a sufficient number of negative tests of remaining animals on said premises are determined by the commissioner to be sufficient proof that there is no longer any evidence of the disease present on the premises.
In this subdivision:
I. "Commissioner" means the commissioner of the department of agriculture, markets, and food.
II. "CEM" means contagious equine metritis.
III. "Department" means the department of agriculture, markets, and food.
IV. "Equine" means horses, including ponies.
436:111. Procedure Established
I. Any person who wishes to establish a quarantine facility for equines imported from CEM affected countries shall have the farm inspected and approved by the department of agriculture, markets, and food.
II. A representative of the department shall, upon request, make an initial visit to the farm and offer suggestions for any changes required. After this visit, the owner or manager shall prepare a drawing of the farm and a detailed drawing of all buildings, paddocks, or pastures intended for use in quarantine. After these drawings are received, a final inspection shall be made for approval by the state veterinarian.
436:112. Fees; Special Fund Established
The commissioner shall establish fees for inspections required under this subdivision and for handling and testing equines. There is established in the office of the state treasurer the CEM fund to which all fees collected under this subdivision shall be credited. The fund shall be nonlapsing and continually appropriated to the department and the moneys in the fund shall only be expended for the administration of this subdivision.
The commissioner shall adopt rules, under RSA:541-A, relative to:
I. Quarantine procedures.
II. Fees authorized under this subdivision.
III. Laboratory testing.
IV. Other matters necessary to the administration of this subdivision.
I. Any person who violates this subdivision or any rule adopted under this subdivision shall be guilty of a misdemeanor.
II. In addition, any person who violates this subdivision or any rule adopted under it
may be subject to an administrative fine levied by the commissioner not to exceed $1,000
for each violation.
Amended in 1997, 1999, 2001.
Reviewed and updated by AAHS in December 2001.
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