Section
1201 Examination, Quarantine and Other Control Measures
Upon Report of Disease
When the commissioner is informed by a veterinarian
that a contagious disease exists, he shall make or cause to be made
an examination of the suspected animals. If necessary, he may
quarantine such animals or the town or place in which such animals
are located and shall take such other measures for the extermination
of the disease as may seem necessary for the public good.
Section 1202 Regulations
by Selectmen and Boards of Aldermen
Selectmen and boards of aldermen may make and enforce
such regulations as they deem proper to prevent the spread of
infectious or contagious diseases among domestic animals within their
respective towns and cities, and shall inquire into all such cases
coming to their knowledge and forthwith report the same to the
governor. A person who knowingly violates or refuses to obey such
regulations shall be fined $ 100.00.
Section 1203 Report of Contagious
Disease to Commissioner
(a) Whenever
a veterinarian or officer engaged in the inspection of animal 5 for
the protection of the public health believer an animal to be affected
with contagious disease, he shall forthwith report same to the
Commissioner of Agriculture. A contagious disease shall include but
not be limited to the following: anthrax, hog cholera, rabies and
glanders.
(b) When the
Commissioner of Agriculture receives a report as provided in
subsection (a) of this section, he shall make the examinations and
laboratory tests he deems necessary. If such examinations and
laboratory tests show an animal to be affected with anthrax, hog
cholera, rabies or glanders, he shall take action as authorized by
section 1201 of these regulations.
(c) A person who violates a
provision of this section shall be imprisoned not more than six
months or fined not more than $ 200.00 nor less than $
25.00.
Section
1205 Disinfection of Vehicles
(a) A person, firm, or corporation
hauling diseased livestock, including cattle that have reacted to the
tuberculin and Bang's abortion tests, and cattle that have been found
to be diseased with mastitis, before hauling any healthy cattle,
shall cause the truck trailer or other conveyance to be thoroughly
cleaned by removing all litter, manure or refuse from such conveyance
and shall cause such conveyance to be disinfected in a manner
prescribed by regulations made and issued by the Commissioner of
Agriculture.
(b) A
person, firm or corporation who violates a provision of subsection
(a) of this section shall be imprisoned not more than six months or
fined not more than $ 200.00 nor less than $ 10.00.
Section 1206
Disinfection of Exhibition Barns and Sheds
When the secretary or executive officer of an
agricultural society or fair at which cattle are exhibited fails to
disinfect the stock barns and cattle sheds in accordance with the
regulations made by the Commissioner of Agriculture not more than
fifteen nor less than seven days before an exhibition is held, he
shall be fined not more than $ 100.00.
Section 1206 Scrapie Disease
Control
I. Definitions as used in
section 1206 of rule 20-022-009 inclusive.
a. "Approved laboratory" has the
meaning ascribed to it in
9 C.F.R. §
79.1. A laboratory approved by the
APHIS administrator in accordance with § 54.11 of
9 C.F.R to
conduct one or more scrapie tests, or genotypes tests, on one or more
tissues.
b. "APHIS" is
the Animal Plant Health Inspection Service of the United States
Department of Agriculture.
c. "Breeding animal" means any
sexually intact goat or sheep that is not moving through slaughter
channels to slaughter.
d.
"C.F.R" refers to the code of federal regulations.
9 C.F.R § 79
is titled Scrapie in Sheep and Goats.
e. "Consistent State" is one whose
intrastate identification, reporting, and movement restrictions for
infected and source flocks and high-risk animals are consistent with
the APHIS standards for State scrapie programs.
f. "Exposed animal" has the meaning
ascribed to it in
9 C.F.R. §
79.1.
(1) Any animal that has been in the
same flock at the same time as a scrapie-positive female animal,
excluding limited contacts: or
(2) Any animal born in a flock
after a scrapie-positive animal was born into that flock or lambed in
that flock, if born before that flock completes the requirements of a
flock plan; or
(3) Any
animal that was commingled with a scrapie-positive female animal
during or up to 30 days after she lambed, kidded, or aborted, or
while a visible vaginal discharge was present, or that was commingled
with any other scrapie-positive female animal for 24 hours or more,
including during activities such as shows and sales or while in
marketing channels; or
(4) Any animal in a noncompliant
flock.
g.
"Exposed flock" has the meaning ascribed to it in
9 C.F.R. §
79.1. Any flock in which a
scrapie-positive animal was born or lambed. Any flock that currently
contains a female high-risk, exposed, or suspect animal, or that once
contained a female high-risk, exposed, or suspect animal that lambed
in the flock and from which tissues were not submitted for official
testing and found negative. A flock that has completed a
post-exposure management and monitoring plan following the exposure
will no longer be an exposed flock.
h. "Flock" has the meaning ascribed
to it in
9 C.F.R. §
79.1. All animals that are
maintained on a single premise and all animals under common ownership
or supervision on two or more premises with animal interchange
between the premises. Changes in ownership of part or all of a flock
do not change the identity of the flock or the regulatory
requirements applicable to the flock. Animals maintained temporarily
on a premise for activities such as shows and sales or while in
marketing channels are not a flock. More than one flock may be
maintained on a single premises if:
(1) The flocks are enrolled as
separate flocks in the SFCP; or
(2) A State or APHIS representative
determines, based upon examination of flock records, that:
(i) There is not interchange of
animals between the flocks;
(ii) The flocks never commingle and
are kept as least 30 feet apart at all times or are separated by a
solid wall through, over, or under which fluids cannot pass and
through which contact cannot occur;
(iii) The flocks have separate
flock records and identification;
(iv) The flocks have separate
lambing facilities, including buildings and pastures, and a pasture
or building used for lambing by one flock is not used by the other
flock at any time; and
(v) The flocks do not share
equipment without cleaning and disinfection in accordance with §
54.7(e) of
9 C.F.R. Additional guidance on acceptable means of
cleaning and disinfection is also available in the Scrapie Flock
Certification Program standards and the Scrapie Eradication Uniform
Methods and Rules.
i. "High risk animal" has the
meaning ascribed to it in
9 C.F.R. §
79.1. A sexually intact animal,
excluding male sheep that have tested RR at codon 171 and AA at codon
136 using an official genotype test, that is:
(1) The progeny of a
scrapie-positive dam; or
(2) Born in the same flock during
the same lambing season as progeny of a scrapie-positive dam, unless
the progeny of the scrapie-positive dam are from separate
contemporary lambing groups; or
(3) Born in the same flock during
the same lambing season that a scrapie-positive animal was born, or
during any subsequent lambing season, if born before the flock
completes the requirements of a flock plan; or
(4) An exposed female sheep that
has not tested QR, HR or RR at codon 171 using an official genotype
test.
j.
"Inconsistent state" has the meaning ascribed to it in
9 C.F.R. §
79.1. Any State other than a
Consistent State.
k.
"Infected flock" has the meaning ascribed to it in
9 C.F.R. §
79.1. The flock of origin of a
female animal that a State or APHIS representative has determined to
be a scrapie-positive animal; or any flock in which a State or APHIS
representative has determined that a scrapie-positive female animal
has resided unless an epidemiologic investigation conducted by a
State or APHIS representative shows that the animal did not lamb or
abort in the flock. A flock will no longer be considered an infected
flock after is has completed the requirements of a flock
plan.
l. "Livestock
dealer" means a person going from place to place buying, selling or
transporting livestock, or operating a livestock auction or sales
ring, either on their own account or on commission except, state
breed associations recognized as such by the secretary (
6 VSA §
761(2)
).
m. "Noncompliant
flock" has the meaning ascribed to it in
9 C.F.R. §
79.1.
(1) Any source or infected flock
whose owner declines to enter into a flock plan or post-exposure
management and monitoring plan agreement within 30 days of being so
designated, or whose owner is not in compliance with either
agreement;
(2) Any
exposed flock whose owner fails to make animals available for testing
within 60 days of notification, or as mutually agreed, or whose owner
fails to submit required postmortem samples;
(3) Any flock whose owner has
misrepresented, or who employs a person who has misrepresented, the
scrapie status of an animal or any other information on a
certificate, permit, owner statement, or other official document
within the last 5 years; or
(4) Any flock whose owner or
manager has moved, or who employs a person who has moved, an animal
in violation of
9 C.F.R. within the last 5 years.
n. "Official scrapie
identification" means a method of identification approved by the
United States Department of Agriculture as set forth in
9
C.F.R. §
79.2. Identification
mark or device approved by APHIS for use in the Scrapie Eradication
Program. Examples are listed in
9
C.F.R. §
79.2(a)(2).
o. "Secretary" means the Vermont
Secretary of Agriculture, Food, and Markets.
p. "Scrapie" means a non-febrile,
transmissible, insidious degenerative disease affecting the central
nervous system of goats and sheep.
q. "Scrapie-positive animal" has
the meaning ascribed to it in
9 C.F.R. §
79.1. An animal for which a
diagnosis of scrapie has been made by the National Veterinary
Services Laboratories or another laboratory authorized by the
Administrator to conduct scrapie tests in accordance with
9 C.F.R.,
through:
(1) histopathological
examination of central nervous system (CNS) tissues from the animal
for characteristic microscopic lesions of scrapie;
(2) The use of proteinase-resistant
protein analysis methods including but not limited to
immunohistochemistry and/or western blotting on CNS and/or peripheral
tissue samples from a live or a dead animal for which a given method
had been approved by the Administrator for use on that tissue;
(3) Bioassay;
(4) Scrapie associated fibrils
(SAF) detected by electron microscopy; or
(5) Any other test method approved
by the Administrator in accordance with § 54.10 of
9 C.F.R..
r. "Slaughter
channels" has the meaning ascribed to it in
9 C.F.R. §
79.1. Animals in slaughter channels
include any animal that is sold, transferred, or moved directly to a
slaughter facility, to an individual for custom slaughter, or for
feeding for the express purpose of improving the animals' condition
for movement to slaughter. Any sexually intact animal that is
commingled with breeding animals or that has been bred is not in
slaughter channels. When selling animals for slaughter, owners should
note on the bill of sale that the animals are sold only for
slaughter.
s. "Source
flock" has the meaning ascribed to it in
9 C.F.R. §
79.1. A flock in which a State or
APHIS representative has determined that at least one animal was born
that was diagnosed as a scrapie-positive animal at an age of 72
months or less. The determination that an animal was born in a flock
will be based on such information as the presence of official
identification on the animal traceable to the flock, the presence of
other identification on the animal that is listed on the bill of
sale, or other evidence, such as registry records, to show that a
scrapie-positive animal was born in the flock, combined with the
absence of records indicating that the animal was purchased from
outside and added to the flock. If DNA from the animal was previously
collected by an accredited veterinarian and stored at an approved
genotyping laboratory, or in DNA collection and storage are required
for breed registration and the breed registration has appropriate
safeguards in place to ensure the integrity of the banking process,
the owner may request verification of the animals identity based on
DNA comparison if adequate records and identification have been
maintained by the owner and the repository to show that the archived
DNA is that of the animal that has been traced to the flock. The
owner will be responsible for all costs for the DNA comparison. A
flock will no longer be a source flock after it has completed the
requirements of a flock plan.
t. "Suspect animal" has the meaning
ascribed to it in
9 C.F.R. §
79.1. An animal will be designated
a suspect animal in accordance with § 79.4 if it is (1) A sheep
or goat that exhibits any of the following possible signs of scrapie
and that has been determined to be suspicious for scrapie by an
accredited veterinarian of a State or APHIS representative: Weight
loss despite retention of appetite; behavioral abnormalities;
pruritis (itching); wool pulling; biting at legs or side; lip
smacking; motor abnormalities such as incoordination, high stepping
gait of forelimbs, bunny hop movements of rear legs, or swaying of
back end, increased sensitivity to noise and sudden movement; tremor,
"star gazing," head pressing, recumbency, or other signs of
neurological disease or chronic wasting. (2) A sheep or goat that has
tested positive for scrapie or for the proteinase resistant protein
associated with scrapie on a live-animal screening test or any other
test, unless the animal is designated a scrapie-positive animal. (3)
A sheep or goat that has tested inconclusive or suggestive on an
official test for scrapie.
u. "Test-positive animal" means a
goat or sheep that tests positive to an official test for
scrapie.
v. "Uniform
Methods and Rules" means the Scrapie Eradication Uniform Methods and
Rules, published by the Animal and Plant Health Inspection Service of
the United States Department of Agriculture on June 1, 2005 (with
periodic revisions), which is hereby adopted by reference. A copy of
this publication may be obtained free of charge at the Internet
address http://aphisweb.aphis.usda.gov/vs/nahps/scrapie/umr.pdf [File
Link Not Available]
II. Identification Requirements
a. A person who presents a goat or
sheep at an exhibition, show or fair shall provide for the goat or
sheep official scrapie identification to its flock of birth.
i. Goats and sheep born prior to
the adoption of this rule will be required to be identified with
official scrapie identification to its current flock, if flock of
birth is unknown.
b. A person who transfers ownership
of a goat or sheep within Vermont shall provide for the goat or sheep
official scrapie identification to its flock of birth.
c. Sheep less than 18 months of age
in slaughter channels and all goats in slaughter channels are not
required to be identified.
i. Sheep
greater than 18 months of age in slaughter channels are required to
be identified with official scrapie identification.4
d. A person shall not
remove a goat or sheep from slaughter channels unless the animal:
i. Has official scrapie
identification to its flock of birth;
ii. Is not from an inconsistent
state; and
iii. Is not
an:
1. Exposed animal;
2. Animal from an infected flock;
or
3. Animal from a
source flock.
III. Record Keeping Requirement
a. Persons who apply official
identification
i. A person who
applies official identification must maintain the following records:
1. date the identification was
applied;
2. number of
sheep and goats identified;
3. identification numbers applied;
and
4. the name and
address of the flock of birth, if different from the current
flock.
ii.
Livestock dealers (including markets, auctions, slaughter plants and
consignment sales), extension personnel, or accredited veterinarians
who apply official identification that is not assigned to the
producer must maintain the following records:
1. date the identification was
applied;
2. number of
sheep and goats identified;
3. serial tag numbers applied;
and
4. the name and
address of the flock where the animal currently or most recently
resided.
iii.
Livestock dealers and slaughter plants shall record the official
scrapie identification numbers of the goats and sheep that they
handle including the date, name and address from whom acquired and to
whom delivered.
b. Record Retention and
availability. All business records relating to sheep and goat
movements must be maintained for at least five years after the person
has sold or otherwise disposed of the sheep or goat and be available
for inspection and copying at any reasonable time by any authorized
agent of the secretary.
IV. Discovery
A. Flocks or animals with scrapie
disease, or having been exposed to, will be subjected to methods of
control set forth in the scrapie uniform methods and rules
(UMR).
V.
Enforcement
The secretary may take the following action to ensure
compliance with this section of these rules:
a. A person who is required but who
fails to comply under these rules shall be sent a written letter of
warning which shall include a brief description of the alleged
violation of these rules and include a request that the violations to
the rule be addressed within 30 days of the date of the
letter;
b. If, after the
expiration of the 30 day period described above, a person who is
required respond, but who fails to address the violations, may
receive a cease and desist order from the secretary requiring the
person to comply;
c.
Violations of a cease and desist order issued under this section may
be enforced through an proposed administrative penalty not to exceed
$ 1,000.00 pursuant to
6 V.S.A. §
15(a);
d. Administrative penalties issued
under this section shall comply with the provisions regarding notice
and an opportunity for a hearing as set forth in
6 V.S.A. §
16.
Section 1241 Pleuropneumonia;
Measures by Towns
(a) At a meeting
held for that purpose, a town may establish regulations, appoint
officers or agents, and raise and appropriate money to arrest and
prevent the spread of pleuropneumonia among cattle.
(b) The selectmen may perform all
acts and make all rules and regulations for and in behalf of the
town, necessary to carry into effect the powers conferred on the town
by this section, until the team otherwise orders at a meeting held
for that purpose.
Section
1242 Sheep - Disease Sheep Running at Large; Penalty
If sheep are infected with the hoof ail, foot rot or
with the scab, the owner or keeper thereof shall restrain them from
running at large in the public highways or commons and keep them in
an enclosure. If he, knowing them to be so diseased, knowingly
permits them to go at large upon a common or public highway, or if
such sheep, while so disease, are found in an enclosure other than
that of such owner or keeper, he shall be fined $ 10.00 and shall
also be liable to the party injured for the damages sustained to be
recovered in an action of tort on this statute.
Section 1243 Forfeiture of Sheep
If sheep infected with the hoof ail, foot rot or scab
are found at large upon a common public highway or lane, or lands not
owned or occupied by their owner or keeper, through the neglect of
such owner or keeper, such sheep shall become forfeit to any person
who takes them up. The owner of such sheep shall not have an action
at law or equity for their recovery.
Section 1244 Horses - Penalty for
Watering, Feeding or Hitching Diseased Horses
A person who knowingly waters or causes to be watered
at a public trough or watering place, or who feeds or causes to be
fed at a public stable or horse shed, or offers for hitching therein,
a horse afflicted with the glanders or any other malignant disease,
shall be fined not more than $ 20.00 nor less than $ 10.00 for each
offense.
Section
1245 Examination and Disposition by Selectmen
The selectmen of the town in which a horse, disease
as described in section 1244 of this title, is owned shall, upon
complaint, or may, if aware of the fact, make an examination of the
case and if necessary employ a veterinarian at the expense of the
town. If it appears that the horse has the glanders or any other
malignant disease, they shall cause the same to be killed at the
owner's expense to be recovered in an action of tort on this statute
in the name of the town. For these services the selectmen shall
receive the same compensation from the town as for other town
duties.
Section
1246 Glanders - State Test on Owner's Application
An owner of horses may make application to the
Commissioner for a state test of his stock for glanders. The
Commissioner shall forthwith send him an application form and
agreement calling for information about the horses as he may require
and prescribing as a condition of such test the observance on the
part of the owner of measures deemed necessary by the Commissioner to
keep the disease of glanders from spreading.
Section 1247 Examination for
Glanders; Cost
As soon as possible after the receipt of an
application and agreement the Commissioner in person, or by his
agent, shall make a thorough physical examination of the animals and
may subject them to the mallein test. The state shall pay the cost of
the examination and test under the provisions of this section, except
in the case of horses tested for glanders which do not respond to the
test, and in that case the cost of the test shall be paid by the
owner.
Section
1281 Testing of Suspected Herd; Entry on Premises;
Disposal of Diseased Animals
When the Commissioner has reason to believe that
tuberculosis exists in a herd of cattle and that there is a menace to
the health of other herds of cattle or the health of cattle or the
health of human beings, he may enter upon the premises of the owner
of the herd, in person or by his agent and may make or cause to be
made a thorough examination of the herd. In his discretion, he may
order the tuberculin test to be applied. In case any animals are
found to be diseased, the procedure provided by sections 1331-1338 of
these regulations shall be followed.
Section 1282 Tags
An animal tested by tuberculin under the provisions
of this chapter and which passes the test satisfactorily to the
Commissioner or his agent shall have a numbered tag placed in its
ear, unless the animal is already so tagged, or the number may be
tattooed in the animal's ear. Tags for such purpose shall be
furnished by the Commissioner at the expense of the state. Such tags
shall be numbered and marked as he directs.
Section 1283 Misuse or Removal of
Tag
A person who, without authority from the
Commissioner, inserts or causes to be inserted in or removes or
causes to be removed from the ear of an animal the numbered tag, or
otherwise misuses or causes such tags to be misused shall be
imprisoned not more than one year or fined not more than $ 300.00, or
both.
Section
1284 Reports of Tuberculin Tests
All tuberculin tests shall be reported to the
livestock Commissioner by the person applying the test. The report
shall be made within five days from the time the test is completed
and shall contain the records and information the Commissioner may
require.
Section
1285 Retests; Loss of Accredited Standing; Suspected
Herds
When any area loses its accredited standing or any
herd is believed to be infected, the Commissioner may make retests
from time to time as he deems necessary.
Section 1286 Area Tests - Retests
in Modified Accredited Tuberculosis-Free Areas; Expenses of Tests
When all the cattle in any county have been tested
and such county has been declared an officially "modified accredited
tuberculosis-free area," three years after the county was declared a
"modified accredited tuberculosis-free area," the Department of
Agriculture shall apply retests in the area as shall be necessary to
maintain its standing. Further area retesting shall be made at such
intervals as the Commissioner may deem necessary to protect the work
already done and to preserve the areas standing as a "modified
accredited tuberculosis-free area" under the specifications and
regulations of the United States Secretary of Agriculture and the
agreements among the various states. The area retest shall be made at
the expense of the state. The above shall apply only to area retests
and the necessary retesting in infected herds. All other testing,
except as provided in section 1285 of this title, shall be done at
owner's expense.
Section
1287 Moving Cattle in Testing Area
Cattle shall not be brought into any town after a
tuberculin test has commenced or moved from one part of town to
another, except in compliance with regulations prescribed by the
Commissioner.
Section
1288 Entry on Premises; Quarantine on Refusal of Test;
Regulations
The Commissioner, his agent, or any person appointed
or authorized to assist in the work of applying tuberculin tests as
provided in sections 1285 and 1286 of this title, may enter a barn,
stable, yard, pasture or other building or inclosure where cattle may
be, for the purpose of making inspection and applying tuberculin
test. If a person refuses to allow cattle owned or kept by him to be
tested as provided in this section, the Commissioner or his agent
shall quarantine all barns, stables, yards, pastures or other
buildings and premises where cattle are kept. The expense of the
quarantine shall be paid by the owner or person in charge of such
animals. The Commissioner may issue rules and regulations requiring
the observance on the part of owners of cattle of measures deemed
necessary by the commissioner to keep herds free from
tuberculosis.
Section
1289 Removal During Quarantine
During quarantine no cattle or swine shall be removed
from or placed on or in premises or buildings covered by the
quarantine, except for purposes of immediate slaughter and then only
with the consent and under regulations of the Commissioner.
Section 1290
Pasteurization of Milk and Cream During Quarantine
During quarantine, no milk or cream from cattle
covered by quarantine shall be sold, exchanged battered or given away
to be used for any food purposes whatsoever, until the milk or cream
has been first pasteurized in accordance with regulations prescribed
by the Commissioner and approved by the state Health Commission. No
other dairy products shall be traded, sold, exchanged, bartered or
given away unless thay [they] have been made from milk or cream
pasteurized as provided in this section.
Section 1291 Effective Period of
Quarantine
Such quarantine shall remain in effect until the
owner of the animals has had all animals tested at his own expense by
a veterinarian approved by the Commissioner and until any reactors
found by the test have been removed and slaughtered as provided in
sections 1337 and 1338 of this title.
Section 1292 Duties of Department
and Owner
The Department of Agriculture shall provide necessary
equipment, supplies and inspectors for tests under the provisions of
section 1285 of this title and make all arrangments [arrangement]
necessary for the carrying on and completion of area tests authorized
by section 1286 of this title, except, however, that the owner of
cattle which are to be tested under an area test upon the day or days
set for such test shall have all cattle stabled or confined in pens
in a manner convenient for making the test and shall furnish
sufficient help to assist a veterinarian and notice in writing
requiring the action shall be given by the Commissioner or his agent
at least ten days previous to the day or days set for the
test.
Section
1331 Appraisal of Animals Killed
The value of all animals killed by order of the
Commissioner or his agent shall be first appraised by the owner and
the Commissioner or his agent. In the event of a disagreement as to
the amount of the appraisal, a third disinterested person shall be
selected to act with them and appraise the animals. In making that
appraisal, the fact that the animals have been condemned for disease
shall not be considered, but in no case shall the appraisal for a
single animal exceed the sum of $ 175.00 except horses, oxen and
registered cattle, in which cases the limit of appraisal shall be $
250.00, and a certificate of registration of the registered cattle
shall be furnished the livestock Commissioner or his agent at the
time of appraisal.
Section
1332 Amount of Indemnity; Salvage
The owner shall receive the net salvage from the sale
of each animal in accordance with the provisions of sections 1337 and
1338 of these regulations. The state shall pay the owner, subject to
the provisions of section 1334 of these regulations, two-thirds of
the difference between the salvage and the appraised value, less sums
received by the owner from the United States Department of
Agriculture, for cattle killed as a result of tests made in
accordance with the provisions of sections 1285 and 1286 of these
regulations.
Section
1333 Disinfection of Premises; Payment of Indemnity
(a) Barns, buildings or enclosures
in which diseased animals have been kept shall be cleaned at the
expense of the owner, but the Commissioner shall disinfect and
inspect the premises where reactors are found if tuberculin tests are
made in accordance with the provisions of sections 1285 and 1286 of
these regulations except that the owner shall pay for disinfectant
used.
(b) Directions for
disinfection shall be given by the Commissioner or his agent.
Disinfection shall be approved by the Commissioner. Within sixty days
thereafter, he shall make out and approve in writing an account
stating the number of animals, the appraised value of each and the
amount to be paid the owner therefor. Upon presentation of the
account, the Auditor of Accounts shall issue his warrant in favor of
the owner for the amount to be paid him under the provisions of
section 1332 of these regulations.
Section 1334 Exceptions to Right to
Indemnity
An owner of condemned animals shall not be entitled
to receive indemnity from the state in the following cases:
(1) If animals imported from
another state were not, at the time of their importation, imported
and examined in accordance with the provisions of section 1461 of
these regulations and 6 V.S.A. sections 1462-1464, and pronounced
free from disease;
(2)
Animals brought into this state contrary to any of the provisions of
law;
(3) Animals which
have been negligently or willfully exposed to contagious or
infectious disease;
(4)
When infected premises have not been disinfected according to
regulations and the satisfaction of the Commissioner of Agriculture
in a manner which would prevent the spread of disease;
(5) When the Commissioner finds
that owner has violated the uniform method and rules adopted by the
state and the United States Secretary of Agriculture for the
eradication of tuberculosis;
(6) When any condemned animals
cannot be checked by the Commissioner as proper additions to an
owner's herd;
(7) When
condemned animals have not been handled and slaughtered in accordance
with the provisions of sections 1337 and 1338 of these
regulations.
(8) If
condemned animals are not slaughtered within thirty days from the
time of test;
(9) When
animals are not tested by a veterinarian approved by the Commissioner
or are not tested under such Commisioner's direction.
Section 1335 Reactors to
Tuberculin or Mallein Test
If any animals react to a tuberculin or mallein test,
they shall be condemned and disposed of, after appraisal in the
manner provided in these regulations. If the Commissioner or his
agent by physical examination or autopsy believes an animal to be
diseased with tuberculosis, the animal shall be condemned and
disposed of after appraisal in the manner provided in sections
1331-1339. If post mortem examination shows the animal to have been
diseased with tuberculosis and the Commissioner deems it advisable,
indemnity may be paid the same as though the animal had been tested
and condemned.
Section
1336 Violation of Test Agreement
When an owner signs an agreement under which he
receives a test at the expense of the state and thereafter violates
the terms of the agreement, any indemnity paid by the state and all
expenses incurred by the state in making such tests shall be
recoverable into the state treasury in an action of tort on this
regulation. He shall forfeit his right to further tests at the
expense of the state for cattle reacting to the test until the sums
have been paid.
Section
1337 Disposal of Reactors to Tuberculin Test; Licensing
Slaughterhouses and Dealers
(a) With
the approval of the Governor, the Commissioner may arrange for the
dispostion [disposition] of animals reacting to the tuberculin test
at any slaughterhouse where all animals slaughtered are inspected and
passed upon by a veterinarian approved by the Commissioner.
(b) The Commissioner may make
regulations governing the handling, sale and disposal of tuberculous
animals as he deems necessary to protect the interests of the owner
or shipper of the animals. He may license slaughterhouses to purchase
condemned animals under regulations as he deems necessary to
safeguard the public health. He may license dealers under suitable
regulations who may handle on a commission basis animals condemned as
tuberculous for delivery for immediate slaughter as required by the
Commissioner. He may give owners of animals condemned as tuberculous
permission under suitable regulations to sell the condemned animals
to dealers or slaughterhouses licensed in accordance with the terms
of this regulation. All regulations promulgated under sections
1331-1338 shall be approved by the Governor.
(c) A person shall not trade, sell,
exchange, barter, give away or otherwise dispose of an animal that
has reacted to the tuberculin test, except as provided in subsections
(a) and (b) of this section. Failure on the part of the owner to
produce such animal or evidence of legal disposal upon request of the
livestock commissioner or his agent shall be deemed prima facie
violation of the provisions of this section.
Section 1338 Payments; Reports;
Branding Condemned Animals; Suspension and Revocation of Licenses
All payments for animals sold shall be made to the
owner of the animal at the time it was condemned.
Veterinarians, licensees, slaughterhouses, agents and
dealers shall make reports to the Commissioner as he may require.
When the tuberculin test is completed, the Commissioner or his agent
shall forthwith brand each condemned animal with a letter "T" on the
left jaw and shall insert in the ear of each animal a numbered tag. A
record of the number shall be kept by the Commissioner.
For any violation of the provisions of this section
or subsection (a) or (b) of section 1337 of this title or of the
regulations prescribed by the Commissioner by virtue of sections
1331-1338, by a licensee or by an agent of a licensee, the license
granted may be immediately suspended and may be revoked for cause
upon hearing.
Section
1401 Slaughter of Infection or Exposed Animals
All cattle and other domestic animals which are
infected with or have been exposed to foot and mouth disease or
vesicular exanthema of swine or other virulent contagious disease
shall be destroyed when the Commissioner of Agriculture deems it
necessary for the protection of health of cattle or of the domestic
animals and in the public interest. Such animals shall be destroyed
and their carcasses disposed of as the Commissioner shall
direct.
Section
1402 Reimbursement as to Foot and Mouth Disease and
Vesicular Exanthema
The owner of animals which are found by the
Commissioner to be infected with or exposed to foot and mouth
disease, vesicular exanthema' of swine or other virulent contagious
disease shall, if the animals are slaughtered in accordance with the
provisions of these regulations and as directed by the Commissioner,
be reimbursed to the extent that federal and state funds are
available, as provided in section 1403 of these regulations.
Section 1403 Appraisal
The value of all animals killed under the provisions
of these regulations shall be first appraised by the owner thereof
and the Commissioner of Agriculture or his agent. In the event of
disagreement as to the amount of the appraisal, a third disinterested
person shall be selected by them to act with them and appraise the
animals and a determination of a majority as to the appraised value
shall be final. Swine shall be appraised at their market
value.
In making such appraisal, the fact that the animal
have been condemned for disease shall not be considered, but in no
case shall the appraisal for a single animal exceed the sum of $
200.00 except oxen and registered cattle, in which case the limit of
appraisal shall be $ 300.00, and a certificate of registration of the
registrated animals shall be furnished the Commissioner or his agent
at the time of appraisal.
Section 1404 Payment
Within sixty days after the slaughter of animals
condemned under the provisions of these regulations, the state shall
pay the owner the appraised value less any sum received as salvage,
less the sum to be received by the owner from the United States
Secretary of Agriculture.
Section 1473 Nonresident
Veterinarians
Except for the purposes expressed at
6 V.S.A. §§
1471 and
1472,
a nonresident veterinarian shall not retest tuberculosis-free or
certified Bang's disease-free herds in this state.
Section 1551 Definitions
The following terms as used in this act shall have
the following meanings:
(1)
Approved Laboratory - means a laboratory maintained by the
commission;
(2) Approved
Personnel - means individuals who are satisfactorily trained and
approved by the commissioner of agriculture;
(3) Approved Test - means a test
made in an approved laboratory;
(4) Approved veterinarians - any
licensed, graduate veterinarian approved by the
commissioner;
(5)
Brucella antigen - means a diagnostic agent used in serological tests
for the diagnosis of brucellosis;
(6) Brucellosis - means the disease
caused by the organism brucella abortus and commonly known as
contagious abortion;
(7)
Commissioner - means the Vermont commissioner of
agriculture;
(8)
Extension Service - means the agricultural extension service of
University of Vermont and State Agricultural College;
(9) Federal Agency - means the
appropriate agency of the United States department of
agriculture;
(10) Herd -
means one or more animals maintained on a premise;
(11) Owner - means any individual,
partnership, association or corporation who holds title to the cattle
maintained under the provisions of this act;
(12) Private Test - means test at
owner's expense;
(13)
Properly vaccinated - means a vaccination of an animal by approved
personnel under regulations prescribed by the commissioner;
(14) Reactor - means any animal
which reveals a positive reaction to an approved test for brucellosis
except animals under such age as designated by the commissioner which
were properly vaccinated as a calf;
(15) Registered Cattle - means
animals registered in any recognized cattle registry
association;
(16)
Vaccination - means any preparation made from or through the agency
of brucella organisms.
Section 1552 Rules and Regulations
The department of agriculture is hereby directed to
promulgate rules and regulations which carry out the policies and
program established in this act. No major regulation shall be
promulgated under this act without due notice and public
hearing.
Section
1553 Plans and Policies for Educational Program
The extension service in cooperation with the
department of agriculture shall, to the extent of the funds available
therefore, formulate plans and policies for the establishment and
operation of an educational program to acquaint the cattle owner with
the objects and provisions of this act and the best methods of
carrying out efficient compliance with the provisions for
eradication.
Section
1554 Cooperation with the United States
The department of agriculture is hereby authorized to
cooperate with and accept assistance from the federal agency in the
eradication of brucellosis. During such time as the federal agency is
cooperating with the state in providing funds for brucellosis
eradication, anything in this act which conflicts with the
requirements of the federal agency in regard to the eradication
program in which the federal agency is cooperating, shall be deemed
inoperative.
Section
1556 Testing
All herds shall be tested at such intervals and by
such methods as the commissioner determines are required to eradicate
brucellosis and prevent reinfection.
Section 1557 Vaccination
Calves in all herds shall be vaccinated against
brucellosis by methods and materials approved by the
commissioner.
Section
1558 Tags
An animal tested under the provisions of this act
shall have an approved numbered tag placed in its right ear unless
the animal is already so tagged or otherwise properly identified. An
animal vaccinated with brucella abortus vaccine shall have an
approved numbered tag placed in its right ear unless the animal is
already tagged or otherwise properly identified, and shall be further
identified, as the commissioner shall direct. All tagging and
identification shall be done immediately upon completion of the test
or vaccination by approved personnel under order of the commissioner.
Tags shall be furnished by the state and shall be of such character
and be numbered and marked as the commissioner directs.
Section 1559 Slaughter
of Reactors
(a) The owner of any
reactor disclosed on approved test shall cause the reactor to be
slaughtered within ten days of tagging and branding under subsection
(b) at slaughter establishments approved by the commisssioner to
handle reactors.
(b) With
the exception of official brucella vaccinated animals not over thirty
months of age, any animal classified as a reactor as a result of an
approved test for brucellosis shall forthwith be tagged with a
reactor tag and permanently branded on the left jaw with the letter
"B." This brand shall be not less than two inches by two
inches.
(c) As long as
funds are available for brucellosis eradication the commissioner may
pay the owners of animals reacting to approved tests the same
payments as those paid by the United States department of
agriculture. The appraised value shall not exceed $ 175. on a grade
animal or $ 250. on a registered animal.
In problem herds the commissioner may pay owners of
suspect or reacting animals which are disposed of for immediate
slaughter, such indemnities as in the opinion of the commissioner are
in the best interest of the state of Vermont which in no case shall
exceed $ 50. per head.
Section 1560 Veterinarians
The commissioner may approve such graduate and
licensed veterinarians or persons under his supervision as he desires
to draw blood samples and make vaccinations provided for in this act.
In the event that, due to shortage of funds or for any other reasons
beyond his control, the commissioner is unable to arrange for drawing
of blood samples or making vaccinations, the owner of a herd shall
arrange with a veterinarian to do the work at the owner's
expense.
Section
1561 Laboratory Test; Fee
The commissioner may maintain a laboratory for the
purpose of making approved tests for brucellosis. The laboratory
shall, without charge, test such samples of blood as may be forwarded
to it from authorized personnel so long as moneys are available for
this purpose. The commissioner may establish a fee for testing of the
samples, sufficient to cover the cost of the test. The commissioner
shall report the result of all approved tests to the owners of the
animals. The commissioner may make rules and regulations covering the
collection and transportation of the samples and may, in his
discretion, refuse to test samples collected or transported contrary
to his rules or regulations. All fees collected under this section
shall be covered into the state treasury.
Section 1562 Reports of Tests,
Samples and Vaccinations
A person or laboratory making blood or other
diagnostic tests for brucellosis, a person drawing blood samples for
brucellosis, and a person who injects or otherwise administers any
brucella vaccine or preparation made from or through the agencies of
brucella organisms to any animal, shall make a report thereof in
writing to the department of agriculture. The report shall be made
within five days from the time samples were drawn or blood tests or
vaccinations were made.
Section 1563 Ring Tests of Milk
The commissioner or his approved agents may enter any
or all milk plants and creameries at any time and secure milk samples
from patron's milk for the purpose of performing ring tests. He may
also secure samples at any time for that purpose from farm bulk tanks
and trucks used to transport such milk. All milk handlers and
producers, their employees and agents information and reasonable
assistance when requested.
Section 1564 Brucella Antigen
A person may not buy, sell, own, transport or have in
his possession brucella antigen without a written permit issued by
the commissioner or his authorized agent. Such permits may be revoked
at any time by the commissioner or his authorized agent.
Section 1565 Penalties,
Various Offenses
A person shall be imprisoned not more than sixty days
or fined not more than $ 200., nor less then $ 50., who, without
authority from the commissioner:
(1) Inserts or causes to be
inserted, or removes or causes to be removed, from the ear of any
animal, a tag used in connection with disease eradication programs;
or
(2) By himself or his
agent misrepresents the health status of an animal for the purpose of
selling, trading or other disposition.
Section 1566 Offenses not Otherwise
Specified
A person who violates a provision of this chapter or
regulations promulgated hereunder for which a penalty is not
otherwise provided shall be subject to the penalties of section
14 of this
title.
Section
1569 This Act Shall take Effect from its
Passage
Section 1601
Definitions
Domestic fowl shall include all domesticated birds of
all ages which furnish food, either eggs or meat. Domestic fowls are
classified as domestic animals for the purpose of and within the
meaning of any law relating to the importation of domestic animals
and the control of any unusual disease of domestic animals.
Section 1602 Plans and
Policies for Disease Control and Breed Improvement
With the approval of the Governor, the Department of
Agriculture shall formulate and make available to the domestic fowl
owners of this state plans and policies for the control of pullorum
disease and for the purpose of breed improvement and the maintenance
of flocks under the provisions of the National Poultry Improvement
Plan, or under modifications of that plan which the Vermont Poultry
Improvement Board may deem advisable.
Section 1603 Regulations;
Collection of Information
The Department of Agriculture shall have authority to
promulgate reasonable regulations relating to the pullorum testing
and breed improvement in flocks under control. It shall formulate
conditions under which flocks will be accepted and continued under
control and the conditions under which certificates of health will be
granted and continued in force. It shall also collect, record and
tabulate information relative to results of work under this
chapter.
Section
1604 State Supervision of Flock
An owner of domestic fowl may make application to the
Department of Agriculture for the placing of his entire flock under
state supervision for the purpose of controlling pullorum disease,
conducting breed improvement or certifying flocks under the
provisions of the national poultry improvement plan. The department
shall forthwith send application forms and a copy of the regulations
promulgated under this chapter upon request. If the owner desires to
place his flocks under state supervision he shall sign and forward
the application and agreement to the Department of
Agriculture.
Section
1605 Tests and Inspections
Blood testing for pullorum and inspection for breed
improvement shall be done at the time suggested by the applicant or
as soon thereafter as may be consistent with an economical and
efficient administration of work in the region of the
applicant.
Section
1606 Laboratory Tests
The Commissioner of Agriculture is hereby authorized
to maintain a laboratory for the purpose of making blood tests for
pullorum disease and for doing the post mortem work necessary to
establish the health status of birds submitted to the test. When all
fees provided in section 1608 of these regulations have been paid,
the Commissioner shall report the result of the tests to the owners
of the fowls tested. The Commissioner may make rules and regulations
for the collection, handling and transportation of blood samples and,
in his discretion, may refuse to test samples collected or
transported contrary to his instructions, rules or
regulations.
Section
1607 Other Laboratory Service
The Commissioner of Agriculture may give to the
residents of this state other services as he deems advisable to the
extent that funds available permit.
Section 1608 Fees
The fee for inspecting fowl for breed improvement
shall be one cent per bird; the fee for services, both field and
laboratory, in pullorum control and eradication shall be two cents
per bird, but there shall be no fee for a retest in flocks which
contain sufficient reactors that the Commissioner of Agriculture
requires a retest after an interval of twenty-one days, and except as
herein provided the Commissioner of Agriculture shall fix the fee for
making all blood tests and for inspecting fowl for breed improvement.
All fees collected under this section shall be covered into the State
Treasury.
Section
1609 Reactors
If a post mortem examination of one or more reactors
to a blood test under section 1606 of these regulations, indicates
that reactors on the premises may be carriers of pullorum disease,
all reactors shall be removed from the premises and disposed of in a
manner satisfactory to the Commissioner of Agriculture or his
agent.
Section
1610 Vaccines
An owner of domestic fowl shall not allow the use on
his premises of any vaccine or preparation containing live organisms
unless an examination by an approved laboratory indicates the
existence of the disease for which that vaccine or preparation is to
be used, and then only on written permission of the Commissioner and
in accordance with the provisions of
6 V.S.A. §
1731.
Section 1611 Blood Samples
An owner of domestic fowls to be tested or inspected
under this regulation shall submit to the agent of the Commissioner
of Agriculture for examination and collection of blood samples for
blood test all domestic fowl five months of age or over on his
premises before selling hatching eggs or baby chicks under the
provisions of the National Poultry Improvement Plan or modification
of that plan as the Vermont Poultry Improvement Board may make. The
owner shall furnish sufficient help and equipment to assist the agent
in inspecting and collecting blood samples.
Section 1612 Sanitation
An owner of domestic fowl tested or inspected under
section
1605
of these regulations shall maintain general sanitation of his
premises satisfactory to the Commissioner or his agent.
6 V.S.A. §
1153
