Contagious and infectious diseases among livestock.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0060.E1

HOUSE BILL
NO.
HB0012

Contagious and infectious diseases among livestock.

Sponsored by:
Joint Agriculture, State and Public Lands and Water Resources Interim Committee

A BILL

for

AN ACT relating to c
ontagious and infe
ctious diseases among livestock; revising provisions related to c
ontagious and infe
ctious diseases among livestock and other animals as specified; increasing certain penalties related to diseases among livestock and other animals as specified; repealing obsolete provisions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 11
‑
1
‑
103, 11
‑
19
‑
103(a) and (e), 11
‑
19
‑
104(a)(intro), 11
‑
19
‑
108, 11
‑
19
‑
111(a), (b) and (d), 11
‑
19
‑
112, 11
‑
19
‑
201(a)(i), by creating a new paragraph (ii) and by renumbering (ii) as (iii), 11
‑
19
‑
208, 11
‑
19
‑
209, 11
‑
19
‑
214, 11
‑
19
‑
215, 11
‑
19
‑
303, 11
‑
19
‑
304, 11
‑
19
‑
306, 11
‑
19
‑
401, 11
‑
19
‑
402 and 11
‑
19
‑
403 are amended to read:

11
‑
1
‑
103.

Penalty for violations.

A person who violates any of the following sections commits a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both for the first offense, or by imprisonment for not more than one (1) year, a fine of not more than one thousand five hundred dollars ($1,500.00), or both for second or subsequent offenses: W.S. 11
‑
6
‑
210(a) or (f), 11
‑
18
‑
112, 11
‑
19
‑
101, 11
‑
19
‑
102, 11
‑
19
‑
103, 11
‑
19
‑
111,
11
‑
19
‑
210, 11
‑
19
‑
215, 11
‑
19
‑
304, 11
‑
19
‑
306,

11
‑
19
‑
401, 11
‑
2
0
‑
114, 11
‑
20
‑
117, 11
‑
20
‑
229, 11
‑
20
‑
230, 11
‑
21
‑
104, 11
‑
2
2
‑
118, 11
‑
23
‑
106, 11
‑
23
‑
207, 11
‑
24
‑
106, 11
‑
30
‑
114 and 11
‑
48
‑
102. A person who violates board rules promulgated pursuant to W.S. 11
‑
18
‑
103(a)(v) shall be subject to the penalties specified in this section.

11
‑
19
‑
103.

Quarantine of diseased animals generally; treatment, testing and vaccination thereof; effect of failure to obey order of state veterinarian; appeal; stay of action.

(a)

In all cases of infectious and contagious disease among domestic animals in this state, the state veterinarian may order the quarantine of the infected premises. If the disease becomes
epidemic

epizootic

in any locality in this state, the state veterinarian shall immediately notify the governor who shall issue his proclamation forbidding transfer of any animal of the kind among which the
epidemic

epizootic disease

exists from the locality without permission from the state veterinarian.

(e)

If the owner or persons in charge of animals ordered treated, tested, vaccinated or quarantined after reasonable notice determined by the veterinarian, fail to treat, test, vaccinate or quarantine such animals as ordered, the veterinarian may seize or cause such animals to be seized and treated, tested, vaccinated or quarantined and may hold and sell the animals, or part thereof as necessary to pay all costs of inspection, seizing, caring for, treating, testing, vaccinating or quarantine together with cost of sale. The sale shall be made at the time and place and in the manner prescribed by the veterinarian. Not less than three (3) days nor more than fifteen (15) days notice of the time, place and purpose of the sale shall be given by the veterinarian to the owner or persons in charge
of the animals, by personal service within the county in which the animals are being held if possible, and if not possible then such notice may be given either by personal service outside of the county or by advertisement in any paper selected by the veterinarian. The state veterinarian shall only sell the
livestock

animals

after all other remedies have been exhausted.

11
‑
19
‑
104.

Slaughter of diseased animals; authority of veterinarian; slaughtering order; when consent of owner required.

(a)

In any case of
epidemic

epizootic

disease where premises have been previously quarantined by the state veterinarian, he may order the slaughter of any diseased animals upon the premises and all animals that have been exposed to contagion or infection under the following restrictions:

11
‑
19
‑
108.

Compensation of board.

Each member of a board of arbitration shall receive
five dollars ($5.00)

one hundred dollars ($100.00)

for each day actually engaged and employed in the investigation of any
claim, paid by the state veterinarian out of an appropriation for that purpose.

11
‑
19
‑
111.

Regulation of importation of
animals
; prohibited acts; penalties; applicability.

(a)

The governor, upon recommendation of the Wyoming livestock board, may regulate by proclamation the importation into Wyoming from any other state any
livestock
, or any virulent blood or live virus of

animal, blood, microorganism or biologic agent capable of causing

any disease affecting livestock
or other animals
, or any
thing

other item

suspected of being infected
or contaminated

with
livestock disease germs

biologic agents capable of causing animal disease
, except under such conditions as he deems proper for the protection of the
livestock
, livestock animals as defined in W.S. 11
‑
29
‑
101(a)(vi) and
other domestic animals

of Wyoming. All requirements in the governor's proclamation shall be enforced by the Wyoming livestock board.

(b)

After a proclamation is issued by the governor it is unlawful for any person to import into Wyoming or receive imports within this state from any other state any
livestock, virulent blood or live virus of

animal, blood, microorganism or biologic agent capable of causing any

diseases affecting livestock
or other animals
, or any product or
thing

item

suspected of being infected
or contaminated

with
livestock disease germs

biologic agents capable of causing animal disease
, except under such conditions as may be imposed by the proclamation. Any person who violates this section shall be punished as provided in W.S. 11
‑
1
‑
103. The violator is civilly liable for all damages and loss sustained by any person by reason of violation of the proclamation.

(d)

The state veterinarian may inspect, treat, test, vaccinate, quarantine or sell any livestock
or other domestic animals

imported into Wyoming in violation of W.S. 11
‑
19
‑
111 or any rules promulgated thereunder. Any order or regulation made by the state veterinarian is subject to review, modification or annulment by the governor or the board at any subsequent meeting.

11
‑
19
‑
112.

Cooperation with animal and plant health inspection service.

The state consents to having the
bureau of animal industry

animal and plant health inspection service (APHIS)

of the United States department of agriculture and its employees come within Wyoming for all purposes connected with the importation and exportation of diseased livestock and for all purposes connected with the eradication, suppression and control of dangerously infectious and contagious diseases of livestock.

11
‑
19
‑
201.

Definitions.

(a)

As used in this act:

(i)

"Dairy
cow

animal
" means any cow
, sheep
or goat,

the milk or milk products from which is sold or used for human consumption;

(ii)

"Livestock animal" means as defined in W.S. 11
‑
29
‑
101(a)(vi);

(ii)
(iii)

"This act" means W.S. 11
‑
19
‑
201 through 11
‑
19
‑
215.

11
‑
19
‑
208.

Ear tags; record to be kept of livestock animals tested.

Each
livestock

animal
which passes the

tested for

tuberculosis
test satisfactorily

shall have an
official

ear tag inserted in its ear.
The
state

testing
veterinarian shall
see that a correct record is kept of all cattle tested, the date and place of testing, the names and addresses of owners and the number of the ear tag inserted in the ear of each animal, and shall report this information in his regular biennial report

keep an official record of all livestock animals tested and submit a copy of the record to state and federal animal health officials
.

11
‑
19
‑
209.

Tests of livestock animals.

Whenever the state veterinarian suspects that tuberculosis exists or has been introduced
by imported dairy cattle among any dairy cattle in this state

to livestock animals
, he shall order the
retesting

testing

of
same
, regardless of any former tests made

the livestock animals
.

11
‑
19
‑
214.

Disposition
of diseased livestock.

All livestock
animals

in Wyoming
lawfully

found to be affected with
or exposed to

tuberculosis may be
shipped

disposed on the origin premises

or transported under the direction of the state veterinarian
in accordance with federal regulations, to livestock markets and there sold for salvage and destroyed or transferred

directly

to an approved slaughter facility
, rendering facility
or veterinary diagnostic laboratory in accordance with federal regulations. Producers may be eligible for indemnification as provided in W.S. 11
‑
19
‑
106 for any livestock
animal

ordered disposed pursuant to this section.

11
‑
19
‑
215.

Prohibited acts; penalties.

Any person who intentionally interferes with, refuses to assist in gathering and testing his
cattle

livestock

animals
, or hinders the work of the state veterinarian or his employees under this act, or who attempts to defeat the object of the tuberculin test by a previous injection of tuberculin commonly known as "plugging," or in any way attempts to prevent an accurate and truthful determination of the condition of the
cattle

livestock
animals

tested, shall be
fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) , or imprisoned not more
than thirty (30) days, or both

punished as provided in W.S. 11
‑
1
‑
103
.

11
‑
19
‑
303.

Appropriations by counties for control of diseases.

The board of county commissioners may appropriate as much money as it deems necessary for the control and eradication of any infectious, contagious or communicable diseases of livestock. The funds shall be used in cooperation with the state veterinarian or the
veterinary services,

United States department of agriculture,
animal and plant health inspection service (APHIS)

in testing animals and disposing of diseased animals disclosed by the tests as provided by law.

11
‑
19
‑
304.

Prohibition on importation of cattle or bison; penalties.

Any person bringing cattle
or bison

into any
"tuberculosis modified accredited area"

tuberculosis accredited-free area

except in compliance with the rules and regulations made by the state veterinarian shall upon conviction be punished
by imprisonment for not more than one (1) year, or by a fine
of not more than one hundred dollars ($100.00), or both

as provided in W.S. 11
‑
1
‑
103
.

11
‑
19
‑
306.

Penalties for violation of rules and regulations.

Any person who violates any lawful rule or regulation made by the state veterinarian pursuant to W.S. 11
‑
19
‑
305 is guilty of a misdemeanor and upon conviction, shall be punished
by imprisonment for not more than one (1) year, or by a fine of not more than one hundred dollars ($100.00), or both

as provided in W.S. 11
‑
1
‑
103
.

11
‑
19
‑
401.

Tagging, branding and disposition of cattle reacting to test; penalties for failure to comply.

All
cattle

livestock animals
in Wyoming reacting to
an agglutination

a confirmatory

test for brucellosis (Bang's disease)
except reactors under thirty (30) months of age which have been officially vaccinated with brucella abortus vaccine, strain 19, and except officially vaccinated adult animals which were negative to the agglutination test for brucellosis within ten (10) days prior to vaccination, must

shall

be immediately
tagged in the left ear with a Bang's
reactor tag and
permanently branded with a hot iron letter "B" on the left
jaw

tailhead
by or in the presence of an officially authorized veterinarian. All such
reactors
must

reactor livestock animals shall

be disposed of for slaughter
or diagnostic purposes
only,
upon and according to written instruction from the Wyoming
livestock board
. Any person who violates any provision of this section shall be punished as provided in W.S. 11
‑
1
‑
103.
As used in this section, "confirmatory test" means
a test for brucellosis
that
has the specificity and sensitivity to verify the presence or absence of brucella abo
rtus in animal serum or tissues
and is used to confirm results from
an
initial brucellosis
test
.

11
‑
19
‑
402.

Breeding cattle and bison entering state to show evidence of negative test or vaccination for brucellosis; exceptions.

All breeding cattle and
buffalo

bison

entering Wyoming shall be accompanied by a proper health certificate showing evidence of a negative blood test for brucellosis made within thirty (30) days prior to entry, or evidence of being officially vaccinated by a licensed veterinarian during calfhood against brucellosis. Breeding cattle and
buffalo

bison

originating from
modified certified brucellosis areas, certified

brucellosis free areas and from certified brucellosis free herds entering Wyoming may be exempt from this section but must be accompanied by a proper health certificate.

11
‑
19
‑
403.

When cattle or bison exempt from provisions.

Breeding cattle and
buffalo

bison

entering Wyoming for the purpose of feeding only may be exempt from the requirements of W.S. 11
‑
19
‑
402 if they are placed under quarantine by the rules and regulations promulgated by the Wyoming livestock board.

Section 2.
W.S. 11
‑
19
‑
113 through 11
‑
19
‑
117, 11
‑
19
‑
202 through 11
‑
19
‑
207,
11
‑
19
‑
210
through 11
‑
19
‑
213, 11
‑
19
‑
301 and 11
‑
19
‑
302 are repealed.

Section 3.
This act is effective July 1, 2013.

(END)

1
HB0012