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This entry was published on 2014-09-22
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SECTION 72
Control and suppression of disease
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 5
§ 72. Control and suppression of disease. 1. The commissioner may
cause investigations to be made as to the best method for the control,
suppression or eradication of infectious or communicable disease
affecting domestic animals or carried by domestic animals and affecting
humans. Whenever any infectious or communicable disease affecting
domestic animals or carried by domestic animals and affecting humans
shall exist or shall have recently existed outside this state, the
commissioner shall take measures to prevent such disease from being
brought into the state. Whenever any such disease shall exist or be
brought into or break out in this state, the commissioner shall take
measures promptly to suppress the same and to prevent such disease from
spreading.

2. He may issue and publish a notice stating that a specified
infectious or communicable disease exists, may exist or has recently
existed in the state, or in any designated county or other geographical
district thereof, and warning all persons to seclude, in the premises
where they maybe at the time, all animals within this state, or within
such county or district, or an adjoining county or district, that are of
a kind susceptible to contract such disease; and ordering all persons to
take such precautions against the spreading of the disease as the nature
thereof may, in his judgment, render necessary or expedient and which he
may specify in such notice. Such notice shall be published in such
manner as the commissioner may designate. The commissioner may cause
such notice to be posted on buildings where animals are harbored which
are believed to be diseased or exposed to disease, or on poles, gates or
fences within an area in which diseased or exposed animals are harbored
or kept. No person shall tear down, mutilate, deface or destroy any such
notice or order issued by the commissioner and posted, as provided
herein, during the pendency of such notice or order. The commissioner
may alter or modify, from time to time, as he may deem expedient, the
terms of any notice or order issued or made pursuant to this article and
may at any time cancel or withdraw the same.

3. The commissioner may adopt and enforce rules and regulations for
the control, suppression or eradication of communicable diseases in
domestic animals or for the purpose of preventing the spread of
infection and contagion among such animals, or from such animals to
humans, and may, in behalf of the state, accept, in whole or in part,
rules and regulations adopted by the secretary of agriculture of the
United States under any act of congress providing for the control,
suppression or eradication of communicable diseases in domestic animals.
The commissioner 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 so
passed which are not in conflict with the statutes of this state.
Whenever the commissioner finds that an emergency situation exists in
relation to the prevention or control of communicable disease among
domestic animals, or from such animals to humans, the commissioner may
by regulation require that all domestic animals of any designated
species be immunized against any designated disease. Such regulations
may specify the immunizing agent to be used and the method of
immunization. The regulations may prescribe that such immunization shall
be performed by the agents of the department or require that all owners
or harborers of the designated species shall cause such immunization to
be performed by a licensed veterinarian.

4. Whenever a program for the control, suppression or eradication of a
disease of domestic animals has been adopted and instituted by the
commissioner pursuant to this article, the owner or harborer of each
domestic animal of the species involved shall, on or at the premises
where such animal is kept, present and restrain such animal for tests,
examination, immunization, or identification at such times as the
commissioner on not less than forty-eight hours notice shall direct.