2 CSR 30-2.070 - Enforcement Regulations Governing Interstate Movement of Livestock and Poultry
(1)
Powers of the director of the Department of Agriculture in the enforcement of
animal disease control and eradication law.
(A) The director shall authorize certain
employees of the department or employees of the United States Department of
Agriculture (USDA) to assist in the enforcement of the animal disease control
and eradication law.
(B) Upon
request of the director or authorized employees, all county and municipal law
enforcement officials may assist the designated or authorized employees and all
state law enforcement officials shall assist the designated or authorized
employees upon request.
(2) Any vehicle carrying livestock in
Missouri may be intercepted, stopped and detained for official inspection or
inquiry of the health and proper certification of the health of the livestock
being transported by authorized employees of the Department of Agriculture or
authorized employees of the USDA. The rules set forth by
2 CSR
30-2.010 and
2 CSR
30-2.020 which govern the movement of livestock in and
into the state will be enforced.
(3) Procedures to follow if violations of the
animal disease control and eradication law or its corresponding rules are
discovered.
(A) If the vehicle and livestock
that it is carrying are from another state, and the livestock do not meet
Missouri's health requirements, the following shall be initiated:
1. The custodian of the livestock will be
given the choice of leaving Missouri with the livestock; or
2. The custodian shall be informed that the
livestock s/he is hauling are in violation of Missouri's laws or rules and a
written order with a notice stating the reasons for the seizure and the rights
of the owner shall be furnished to the custodian of the livestock. Copies will
be mailed to the owner, if a person other than the custodian, by certified mail
to the owner's address as given by the custodian and the livestock will be
seized and impounded at a prearranged designated area. The custodian or owner
has forty-eight (48) hours to prove or demonstrate these livestock meet
Missouri's livestock health requirements and if this is not determined within
the forty-eight (48)-hour time limit, the livestock will be processed in a way
that no infected or diseased-exposed livestock shall move except to slaughter
or back to their origin.
(B) Within five (5) days after official
notification of the order and notice, any person who objects or does not agree
to an order of seizure and impoundment may appeal by filing with the director
of the Department of Agriculture a petition which states in detail objections
to the order. The director or authorized agent, within forty-eight (48) hours
of the filing of the appeal, shall hold a hearing to determine the validity of
the order and shall either affirm the order or release the livestock.
(C) If the livestock are not redeemed by the
owner and no appeal is taken within five (5) days after seizure, the department
may apply to the circuit court of any county in which the livestock are
impounded. The department, under court order, shall sell the livestock for
slaughter and deduct from the net proceeds all expenses of the department in
connection with the seizure and impoundment of the livestock and remit the
balance to the owner. Expenses shall cover all market expenses incurred where
the livestock were impounded, such as stall or pen rent, care and feeding of
the livestock, and testing and shipping of livestock.
(D) Any livestock seized and impounded may be
redeemed by the owner and released to him/her by the department, provided that
all these livestock have been tested, vaccinated or processed in a way that the
health requirements required by Missouri have been met. In order to redeem this
livestock, the owner shall pay all expenses including the care and feeding of
the livestock and the expense of testing, vaccinating, processing livestock, or
all of these, to make them qualify for the health requirements required by
Missouri.
(E) Any person(s) or
owner(s) who shall be notified to quarantine animals as provided in the animal
health disease control and eradication law and who violates any of the
provisions of those sections or official orders of quarantine shall be guilty
of a Class A misdemeanor. This is applicable to those who shall violate
provisions of the law regarding district or municipality quarantine.
Notes
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