§ 1159. Disposal of diseased animals
(a) The Secretary may condemn and order destroyed any animal that is infected with or
has been exposed to a contagious disease. An order to destroy an animal shall be based
on a determination that the destruction of the animal is necessary to prevent or control
the spread of the disease. The Secretary shall order any condemned animal to be destroyed
and disposed of in accordance with approved methods. The Secretary’s order may extend
to some or all of the animals on the affected premises.
(b) The Secretary may order that any real property, building, vehicle, piece of equipment,
container, or other article associated with a diseased animal be disinfected and sanitized.
Any cost of disinfection incurred by the Secretary shall be deducted from any compensation
paid to an animal’s owner under this section.
(c) The Secretary may compensate the owner of any domestic animal destroyed pursuant to
this chapter because of exposure to or infection with contagious disease. The Secretary,
after consultation with the U.S. Department of Agriculture, shall determine the necessity
for and amount of compensation on a case-by-case basis.
(d) Compensation under this section shall only be paid when:
(1) the Agency of Agriculture, Food and Markets has determined the origin of all animals
on the premises containing the condemned animal;
(2) all other applicable State or federal livestock statutes, rules, or regulations have
been complied with by the owner or person in possession of the animal;
(3) there are sufficient State funds appropriated for this purpose; and
(4) in the case of a person who has made a claim for compensation under this section within
the previous two years, the Secretary determines that adequate measures were taken
to prevent the reintroduction of contagious diseases into that person’s herd or flock.
(e) It shall be unlawful to violate the terms of an order issued pursuant to subsection
(a) or (b) of this section. Any person who knowingly violates an order issued pursuant
to subsection (a) or (b) of this section shall be subject to a fine of not more than
$5,000.00 or imprisonment for not more than six months, or both. Any person who knowingly
violates an order issued pursuant to subsection (a) or (b) of this section and causes
the spread of a contagious disease shall be subject to a fine of not more than $15,000.00
or imprisonment for not more than two years, or both.
(f) A destruction order, whether verbal or written, shall take effect immediately on notice
to the owner or the person in possession of the animal or animals, if the owner or
person in possession is known. The notice shall be given by certified mail or in person.
Within 15 days of receiving the notice, the owner or person in possession may request
a hearing to be held by the Secretary. The hearing shall be held within 60 days from
the date of the request unless the Secretary has determined that a longer period is
necessary because of the extent of the outbreak of disease, in which case the hearing
shall be held as soon as practicable. A request for a hearing shall not stay the destruction
order. (Added 1987, No. 276 (Adj. Sess.), § 1; amended 1991, No. 153 (Adj. Sess.), § 14, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 12, § 4, eff. May 2, 2005; 2017, No. 30, § 3.)