Title 4 — Animals
0 chapters · 201 sections in this title.
O.C.G.A. § 4-1-1 Definitions
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As used in this title, the term: (1) ‘‘Commissioner’’ means the Commissioner of Agriculture of the State of Georgia. (2) ‘‘Department’’ means the Department of Agriculture of the State of Georgia. 4-1-2. State veterinarian — Qualifications; term of office; assistants.
O.C.G.A. § 4-1-2 State veterinarian — Qualifications; term of office; assistants
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(a) The Commissioner is empowered to employ a licensed veterinarian, with not less than five years’ practical experience in the general practice of his profession, as state veterinarian. The state veterinarian shall hold his office for the same term as the Commissioner unless rem…
O.C.G.A. § 4-1-3 State veterinarian — Duties generally
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The duties of the state veterinarian are to administer the business and affairs of the Animal Industry Division of the department. This includes enforcing the regulations and directing the programs designed to control and eradicate animal disease, directing the proper interstate …
O.C.G.A. § 4-1-4 Presumption as to livestock killed or injured by poisons
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If livestock is killed or injured by poisoned crops or other poison on the property, there shall be a rebuttable presumption that the poisoning was done by the person in possession and charge of the property. (Orig. Code 1863, § 1403; Code 1868, § 1460; Code 1873, § 1447; Code 18…
O.C.G.A. § 4-1-6 Obstruction, interference, or hindrance of duties
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It shall be unlawful for any person to obstruct, interfere, or hinder the Commissioner, his or her designated agents and employees, an animal control officer, or a dog control officer in the lawful discharge of his or her official duties pursuant to this title. Any person convict…
O.C.G.A. § 4-2-1 Mark, brand, or tattoo registration — Certificates
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(a) Any person owning any livestock and desiring to register a mark, brand, or tattoo shall apply to the Commissioner for a certificate of mark, brand, or tattoo registration. Application for a certificate shall be made on forms provided by the department. Applications shall cont…
O.C.G.A. § 4-2-2 Mark, brand, or tattoo registration — Evidential value
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The fact that any livestock is marked, branded, or tattooed with a registered mark or brand shall constitute prima-facie evidence in any trial or proceeding that such livestock belongs to the person to whom the certificate of mark, brand, or tattoo registration for that particula…
O.C.G.A. § 4-2-3 Mark, brand, or tattoo registration — Change
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No registered mark, brand, or tattoo shall be changed so as to be of any use to the owner, unless permission is first granted by the Commissioner and the change is recorded. (Orig. Code 1863, § 1398; Code 1868, § 1455; Code 1873, § 1442; Code 1882, § 1442; Civil Code 1895, § 1761…
O.C.G.A. § 4-2-4 Promulgation of rules and regulations
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The Commissioner is authorized to promulgate and adopt such rules and regulations as may be necessary or convenient to carry out this chapter. (Code 1933, § 62-105, enacted by Ga. L. 1974, p. 1003, § 1.)
O.C.G.A. § 4-2-5 Administration of chapter and rules and regulations
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It shall be the duty of the Commissioner to administer this chapter and any rules and regulations adopted pursuant to this chapter. (Ga. L. 1953, Nov.-Dec. Sess., p. 175, § 3; Code 1933, § 62-101, enacted by Ga. L. 1974, p. 1003, § 1.)
O.C.G.A. § 4-3-1 Legislative intent
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There is found and declared a necessity for a uniform state-wide livestock law embracing all public roads in the state and all other property. (Ga. L. 1953, Jan.-Feb. Sess., p. 380, § 1; Ga. L. 1953, Nov.-Dec. Sess., p. 395, § 1; Ga. L. 1955, p. 633, § 1.)
O.C.G.A. § 4-3-11 County livestock pounds
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(a) The county commissioners of the several counties of Georgia shall establish and maintain pounds or suitable places for the keeping of any livestock taken up and impounded under this chapter until the same is sold, redeemed, or otherwise disposed of. In any case, the county co…
O.C.G.A. § 4-3-2 Definitions
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As used in this chapter, the term: (1) ‘‘Livestock’’ means all animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle, and other grazing animals. (2) ‘‘Owner’’ means any person, association, firm, or corporation, natural or artificial, …
O.C.G.A. § 4-3-3 Permitting livestock to run at large or stray
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No owner shall permit livestock to run at large on or to stray upon the public roads of this state or any property not belonging to the owner of the livestock, except by permission of the owner of such property. (Ga. L. 1953, Jan.-Feb. Sess., p. 380, § 3; Ga. L. 1953, Nov.-Dec. S…
O.C.G.A. § 4-3-4 Impoundment of livestock running at large or straying
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(a) It shall be the duty of the sheriff, his deputies, or any other county law enforcement officer to impound livestock found to be running at large or straying. Owners or operators of farms may also impound such livestock, provided that the livestock is kept in a suitable place …
O.C.G.A. § 4-3-5 Notice of impoundment and sale of livestock
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(a) Upon the impounding of any livestock by the sheriff, his deputies, or any other law enforcement officers of the county, the sheriff shall forthwith serve written notice upon the owner, advising such owner of the location or place where the livestock is being held and impounde…
O.C.G.A. § 4-3-6 Redemption of livestock prior to sale
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The owner of any impounded livestock shall have the right at any time before sale thereof to redeem the livestock by paying to the sheriff all impounding expenses, including fees, keeping charges, and advertising or other costs incurred, which sum shall be deposited by the sherif…
O.C.G.A. § 4-3-7 Disposition of livestock not sold at auction
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If there is no bidder for the livestock at the sale provided for in Code Section 4-3-5, the sheriff shall have the livestock killed and shall dispose of the carcass thereof; and, if there is any money received by him from the disposal, the same shall be disbursed in the manner pr…
O.C.G.A. § 4-3-8 Return and disposition of proceeds of sale
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(a) The sheriff, upon making a sale or other disposal as provided for in this chapter, shall forthwith make a written return thereof to the clerk of the superior court of such county, with a full and accurate description of the livestock sold or disposed of by him, to whom, and t…
O.C.G.A. § 4-4-1 Legislative intent
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Because of the existing and increasing possibility of the occurrences of highly contagious or infectious diseases which threaten to destroy the livestock of this state and because certain known agents and vectors are instrumental in the spread of certain highly contagious or infe…
O.C.G.A. § 4-4-110 Short title
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This article may be cited as the ‘‘Georgia Equine Act.’’ (Ga. L. 1969, p. 1021, § 1.) 4-4-111. Definitions.
O.C.G.A. § 4-4-111 Definitions
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As used in this article, the term: (1) ‘‘Bond’’ means a written instrument, issued or executed by a bonding, surety, or insurance company licensed to do business in this state, guaranteeing that the person bonded shall faithfully fulfill the terms of the contract of purchase and …
O.C.G.A. § 4-4-112 Sale, auction, transfer, or moving of equines
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No dealer, broker, or livestock market operator shall sell, auction, transfer, or move any equines which are infected with any infectious or 55 Page: 56 Job Path: @psc3912/cville_data1/stcodes/ga/lexis/ep_rv_04_txt 0000 41826-12 4-4-112 Date: 06/14/13 Time: 10:58:22 GA RV 13 RV 4…
O.C.G.A. § 4-4-113 Licensing and bonding requirements generally
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(a) No livestock market operator engaged in the sale of equines shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner; no equine dealer or broker who buys or sells through a livestock market operator shall engage in or …
O.C.G.A. § 4-4-114 Suspension, cancellation, or revocation of licenses
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Every licensed dealer, broker, livestock market operator, or other person subject to this article who shall violate this article or rules and regulations established by the Commissioner pursuant to this article shall have his license revoked, canceled, or suspended, upon a notice…
O.C.G.A. § 4-4-117 Veterinary services at equine sales; fees
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All licensed dealers, brokers, livestock market operators, or other individuals to whom this article is applicable shall furnish at all sales, including special sales, the services of a licensed, accredited veterinarian, who shall provide veterinary services necessary and consist…
O.C.G.A. § 4-4-120 Quarantines
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In the control, suppression, prevention, and eradication of equine diseases, the Commissioner or any duly authorized representative acting under his authority is authorized and required to quarantine an animal, premises, or any area when he shall determine that equines in such pl…
O.C.G.A. § 4-4-121 Eradication programs
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(a) Whenever it is determined by the Commissioner that a contagious or infectious disease should be eradicated, the Commissioner is authorized to take whatever steps are necessary to eradicate the disease. Owners, renters, or persons in possession of equines or premises infected …
O.C.G.A. § 4-4-122 Indemnification for equines eradicated
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The Commissioner is authorized, to the extent of funds available, in the eradication of any infectious or contagious disease, to indemnify the owner of equines destroyed in eradicating the disease, upon such basis and appraisal as the Commissioner may prescribe, provided that any…
O.C.G.A. § 4-4-123 Purpose of article
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‘‘Qualified veterinarians’’ defined. Duty of Commissioner to eradicate tuberculosis; county ap- 4-4-124. 20 Short title. Definitions. Sale, auction, transfer, or moving of equines. Licensing and bonding requirements generally. Suspension, cancellation, or revocation of licenses. …
O.C.G.A. § 4-4-125 Promulgation of rules and regulations
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The Commissioner is authorized to formulate, adopt, promulgate, and enforce rules and regulations for the purpose of implementing this article. (Ga. L. 1969, p. 1021, § 13.) 4-4-126. Injunctions.
O.C.G.A. § 4-4-126 Injunctions
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The Commissioner is authorized to seek an injunction against any person, firm, or corporation to which this article is applicable for violation of any provision of this article or any rules or regulations promulgated thereunder. The superior court of the county in which venue is …
O.C.G.A. § 4-4-127 Penalty for violations of article, rules, or regulations
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Any dealer, broker, livestock market operator, or other person subject to this article who violates any provision of this article, any quarantine provision, or any rule or regulation established by the Commissioner under the authority of this or other laws for the protection of t…
O.C.G.A. § 4-4-140 Short title
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This article may be cited as the ‘‘Georgia Swine Mycobacteriosis Indemnification Act.’’ (Ga. L. 1979, p. 1032, § 1.) 4-4-141. Purpose of article.
O.C.G.A. § 4-4-141 Purpose of article
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Swine mycobacteriosis poses a serious potential health threat to the people of this state. The swine farmers of this state have experienced and are experiencing serious economic losses due to the condemnation of swine infected with mycobacteriosis under the laws of this state. It…
O.C.G.A. § 4-4-142 Definitions
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As used in this article, all terms shall have the meanings ascribed to them in Code Section 26-2-62. (Ga. L. 1979, p. 1032, § 3.) 4-4-143. Indemnification for condemned swine — Generally.
O.C.G.A. § 4-4-143 Indemnification for condemned swine — Generally
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(a) The Commissioner is authorized to pay to any animal food manufacturer the actual cost paid by such animal food manufacturer for any swine condemned by reason of infection with swine mycobacteriosis. (b) In the event that swine infected with mycobacteriosis are passed after in…
O.C.G.A. § 4-4-144 Indemnification for condemned swine — Proof of Georgia origin required
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No payment shall be made under this article unless the party receiving such payment shall first provide such proof as is satisfactory to the Commissioner that the swine for which payment is being made originated from a Georgia farm and that payment to the farmer for such swine ha…
O.C.G.A. § 4-4-146 Indemnification for condemned swine — Release required
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No payment shall be made under this article unless the person receiving such payment shall first sign, in a form agreeable to the Commissioner, an agreement that the payment made under this article is accepted as payment in full for the swine for which such payment is made. (Ga. …
O.C.G.A. § 4-4-147 Elimination of disease at farm of origin
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The Animal Industry Division of the department shall take all steps necessary or appropriate to eliminate swine mycobacteriosis from the farm of origin of the swine for which compensation is paid under this article. (Ga. L. 1979, p. 1032, § 11.) 4-4-148. Promulgation of rules and…
O.C.G.A. § 4-4-148 Promulgation of rules and regulations
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The Commissioner is authorized to promulgate, from time to time, such rules and regulations as are necessary to effectuate the purpose of this article. (Ga. L. 1979, p. 1032, § 8.) 4-4-149. Cooperation among state and federal agencies.
O.C.G.A. § 4-4-149 Cooperation among state and federal agencies
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The department is authorized and directed to cooperate with and seek the cooperation of all appropriate state and federal agencies in administering this article. The Commissioner is authorized and directed to take all steps reasonably necessary to ascertain whether any federal fu…
O.C.G.A. § 4-4-150 Conduct of scientific research
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Scientific research necessary or appropriate to carry out the purposes of this article shall be carried out under the direction of the Advisory 64 Page: 65 Job Path: @psc3912/cville_data1/stcodes/ga/lexis/ep_rv_04_txt 0000 41826-12 4-4-150 Date: 06/14/13 Time: 10:58:22 GA RV 13 R…
O.C.G.A. § 4-4-151 Injunctions
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In addition to the remedies provided in this article and notwithstanding the existence of any adequate remedy at law, the Commissioner is authorized to apply to the superior court for an injunction. Such court shall have jurisdiction, upon hearing and for cause shown, to grant a …
O.C.G.A. § 4-4-170 Purpose
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The purpose of this article is to provide for the production of farmed deer as an agricultural operation and to provide for the importation, production, and control and eradication of disease in farmed deer. (Code 1981, § 4-4-170, enacted by Ga. L. 1997, p. 1395, § 2.) 4-4-171. D…
O.C.G.A. § 4-4-171 Definitions
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As used in this article, the term: (1) ‘‘Deer farming’’ means the agricultural operation of raising and production of farmed deer for the commercial production of food and fiber. (2) ‘‘Farmed deer’’ means fallow deer (Dama dama), axis deer (Axis axis), sika deer (Cervus nippon), …
O.C.G.A. § 4-4-172 Deer-farming license; records; facilities
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(a) No person shall possess, buy, import, or transport farmed deer or engage in or carry on the business of deer farming without first applying for and obtaining a deer-farming license from the Commissioner of Agriculture. A deer-farming license shall be valid from the date of is…
O.C.G.A. § 4-4-173 Health and transportation requirements
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Health and transportation requirements for any Artiodactyla (even-toed ungulates) must meet the health requirements established by rule or regulation of the Georgia Department of Agriculture. Those animals specifically used for deer farming must meet the requirements of the Unifo…
O.C.G.A. § 4-4-174 Escaped deer or cervid
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Any farmed deer or cervid which escapes from a licensed deer farm shall be subject to the jurisdiction of the Department of Natural Resources and may be treated as an escaped wild animal which is subject to the provisions of Chapter 5 of Title 27, except that, while such animal i…
O.C.G.A. § 4-4-175 Compliance with departments
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Deer farm operators shall allow the entry onto the deer farm of representatives of the Department of Agriculture, the Department of Natural Resources, or other departments or agencies having authority or duties involving farmed deer or wild animals to ensure compliance with appli…