Title 11, Agriculture And Animals

[§142-102] Pigeon permits. The department shall issue a pigeon ownership permit to any person who raises pigeons and shall adopt rules pursuant to chapter 91 to effectuate this part. [L 1989, c 9, pt of §2]

[§142-103] Exercise, training, and racing. Any owner of carrier pigeons, to whom the department has issued a pigeon permit, or person acting for the owner, having in the owner's or person's control or possession and under restraint not more than twenty-five pairs of carrier pigeo…

§142-11 Forfeiture of animals, etc. All animals, fodder, fittings, or effects landed contrary to this chapter or taken or removed from quarantine before being duly discharged, shall be forfeited to the use of the State. All animals brought into quarantine grounds or placed with a…

[PART VI.] AVIARY GAME BIRDS §142-111 Definitions. As used in this part, unless the context otherwise requires: "Aviary game bird" includes the various species of pheasant which are of rare nature and are generally propagated and raised for its ornamental and aesthetic purposes, …

[§142-112] Aviary game bird permits. The department shall issue an aviary game bird permit to any person who raises aviary game birds and shall adopt rules pursuant to chapter 91 to effectuate this part. [L 1989, c 9, pt of §3]

§142-12 Penalties. (a) Any person violating any provision of this chapter or any rule adopted pursuant to this chapter that is designated as a petty misdemeanor shall be sentenced as follows: (1) For the first offense, or any offense not preceded within a five-year period by an o…

§142-13 Reporting disease; penalty. Any person knowing or having reason to believe that any animal on or about that person's premises or the premises of another is affected with any infectious or contagious disease who fails to promptly report the same to the department of agricu…

§142-14 Sale of diseased animals; penalty. Any person who sells or offers for sale, or uses, or exposes, or who causes or procures to be sold, or offered for sale, or used, or to be exposed, any horse or any other animal having the disease known as glanders, or farcy, or any othe…

§142-16 Dairy and breeding cattle; tuberculin tests. All dairy and breeding cattle within the State shall be tuberculin tested by the department of agriculture and biosecurity as often as in its judgment such testing is necessary in order to prevent, suppress, and eradicate bovin…

§142-17 Branding of tuberculous cattle. All cattle found to be tuberculous either upon physical examination or by means of the tuberculin test shall be branded upon the left cheek with the registered brand "T". [L 1923, c 124, §2; RL 1925, §627; am L Sp 1932 2d, c 39, §2; RL 1935…

§142-18 Disposal of tuberculous animals. (a) The owner of all cattle reacting to the tuberculin test shall, subject to section 142-16, cause them to be segregated immediately and, within a reasonable time thereafter, to be delivered for slaughter at a time and place as may be des…

§142-19 Indemnification for tuberculous animals. For any animal slaughtered, under section 142-18, the owner shall be paid one-third the difference between the appraised value of each animal so destroyed and the value of the salvage thereof; provided that in no case shall the pay…

§142-2 Rules. Subject to chapter 91, the department of agriculture and biosecurity may make and amend rules for the inspection, quarantine, disinfection, or destruction, either upon introduction into the State or at any time or place within the State, of animals and the premises …

§142-20 Premises from which tuberculous cattle removed to be disinfected. (a) Any premises where animals affected with tuberculosis have been kept shall be disinfected promptly after the removal of the animals, in a manner satisfactory to the department of agriculture and biosecu…

§142-21 Cooperation with federal authorities. The department of agriculture and biosecurity may cooperate with the United States Department of Agriculture in its efforts to eradicate bovine tuberculosis or any other transmissible disease of animals, and may make appraisals of con…

§142-22 Anaplasmosis; indemnity for slaughtered cattle. The department of agriculture and biosecurity may pay indemnities to owners of cattle sent to slaughter as reactors to the anaplasmosis test. The payment shall be in the amount of one-third of the difference between the appr…

§142-23 Brucellosis testing; indemnity for slaughtered cattle. The department of agriculture and biosecurity may institute and conduct a brucellosis testing program. The department may pay indemnities to owners of cattle sent to slaughter as reactors to the brucellosis test. The …

§142-23.1 Hog cholera eradication; indemnity. When swine are destroyed by the state veterinarian as being infected with hog cholera, or when noninfected swine are ordered destroyed to depopulate an infected herd in accordance with procedures adopted in the national hog cholera er…

§142-23.5 Garbage feeding prohibited; penalty. (a) The feeding of garbage to swine is prohibited, unless: (1) A permit to process (cook) garbage for such use is obtained from the department of agriculture and biosecurity's division of animal industry; and (2) The garbage has been…

§142-28.5 Animal quarantine special fund. There is established the animal quarantine special fund to be administered by the board of agriculture and biosecurity. Moneys received by the board of agriculture and biosecurity from: (1) Fees for the quarantine of cats, dogs, and other…

§142-29 Enforcement; citation and summons. Violations of the provisions of this chapter or of any rule adopted pursuant thereto may be enforced by citation and summons issued by: (1) Any state or county law enforcement officer; or (2) Any officer or employee of the department of …

§142-3 Department; general duties and powers. (a) The department of agriculture and biosecurity shall have charge, direction, and control of all matters relating to the inspection of animals, including brand inspection, and the prevention and eradication of contagious, infectious…

§142-3.5 Authority to contract or rent facilities. The board of agriculture and biosecurity may contract with third parties for the use or rental of the division of animal industry's property or facilities; provided that: (1) The board determines the property or facilities are no…

§142-3.6 Animal industry special fund. There is established the animal industry special fund to be administered by the board of agriculture and biosecurity. Moneys received by the board of agriculture and biosecurity from: (1) The use or rental of the division of animal industry'…

§142-30 Form of citation and summons. (a) In issuing citations and summons for violations of this chapter, law enforcement officers other than those described in section 142-29(2) shall use the summons and complaint citation books issued by the judiciary for violations of the tra…

§142-31 Administration of oath. When a complaint is made by officers and employees as described in section 142-29(2) to any prosecuting officer of the violation of the provisions of this chapter and all rules adopted pursuant thereto, the officer or employee who issued the citati…

[§142-32] Administrative penalties. (a) Except as otherwise provided by law, the department of agriculture [and biosecurity] may set, charge, and collect administrative fines, fees, and costs for any violation of this chapter for which a penalty is not otherwise provided, includi…

[§142-33] Habitual agricultural crime. (a) A person commits the offense of habitual agricultural crime if the person is a habitual agricultural crime perpetrator and commits a criminal offense under this chapter. (b) For the purposes of this section, "habitual agricultural crime …

§142-4 Entry of animals without inspection prohibited. (a) No animal shall be allowed to enter the State except after inspection by the department of agriculture and biosecurity and the issuance of a permit by the department to the consignee or owner; provided that no fees for in…

[§142-4.5] Health certificate. Any animal entering the State pursuant to this chapter shall be accompanied by a valid health certificate. The health certificate shall include information as to the animal's identification, approximate age, species, and sex if the animal's sex can …

PART II. BRANDS §142-41 Brands or marks to be registered and recorded; penalties. (a) Every owner of livestock in the State shall have the owner's brand or mark, in order to secure its validity and individuality, recorded in a separate book kept for that purpose by the department…

§142-42 Expiration of registration, reregistration. Each brand registered under section 142-41 shall expire on December 31, 1960, and at each five year interval thereafter unless reregistered during the one hundred twenty days preceding date of expiration. [L 1893-4, c 57, §1; RL…

§142-43 Right to a brand determined by department. The department of agriculture and biosecurity shall determine conflicting claims by the applicants for a brand of similar or approximate design and in so doing shall be guided by the length of time each has used the brand, record…

§142-44 Owners of unbranded animals. All cattle, horses, mules, donkeys, sheep, goats, and swine, over twelve months of age, not marked or branded, which may be running wild at any time on any lands in the State, shall belong to and be the property of the owners or lessees of the…

§142-45 Using other's brand prohibited; penalty. It shall be unlawful for any person other than the registered owner to use any brand or mark that has been duly registered or reregistered according to law and for which the registration or reregistration has not expired, except by…

§142-46 Using unregistered brand prohibited; penalty. It shall be unlawful for any person to use any brand that has not been duly registered according to law. Any person using any brand that has not been duly registered according to law shall be fined not less than $1 nor more th…

§142-47 Altering, removing, or obliterating brand or mark; penalty. Any person who alters, removes, or obliterates any brand or mark, on any animal, by placing another brand or mark over the same, or otherwise, shall be fined not more than $500 for every brand or mark so altered,…

§142-48 Prohibited branding or marking; penalty. Any person who intentionally or knowingly places their own brand or mark on any kine, horse, mule, sheep, goat, or other cattle belonging to another or places the brand or mark of anyone other than the animal's owner with the inten…

§142-49 Livestock ownership and movement certification; penalty. (a) Every owner, upon sale or transportation of livestock, including cattle, horses, sheep, goats, pigs, bison, or llamas, shall complete a certificate describing the animal or animals including sex, breed, age, and…

§142-5 Landing of animals. The landing of any animal for the purpose of inspection or quarantine shall not be construed to be an entry into the State for any purpose whatsoever, except as herein provided, and if in the opinion of the department of agriculture and biosecurity it s…

§142-5.5 Service animals. Any person with a disability who uses the services of a service animal, as defined in section 347-2.5, shall be permitted to reside on site for the duration of quarantine, if housing is available. [L 1991, c 178, §3; am L 2011, c 175, §3; am L 2018, c 21…

[§142-50] Definitions. As used in this part: "Brand" means a design that is permanently impressed on the hide of an animal by burning with acid, a chemical compound, or a hot iron. "Mark" means a design that is cut into or from the ear, dewlap, or other part of an animal. [L 2025…

[§142-51] Inspection before slaughter. No person shall allow livestock to enter a livestock harvesting establishment that slaughters or processes livestock meat and meat products unless the establishment's management has conducted a prior examination and inspection to verify the …

§142-6 Quarantine. The department of agriculture and biosecurity may quarantine any animal known to be affected with, to have been exposed to, or to be susceptible to, any contagious, infectious, or communicable disease, and destroy the same, when in the opinion of the department…

PART III. FENCES AND TRESPASSES BY ANIMALS §142-61 Lawful fence; penalty. (a) Every fence made of stone, posts and rails, posts and boards, posts and wire, or other suitable materials shall be a lawful fence; provided that the lawful fence shall be no less than four feet in heigh…

§142-62 Breaking, etc., of fence; penalty. If any person maliciously and designedly opens a gateway, or breaks a fence, so as to allow any animal ingress or egress, so that it may commit a trespass, or maliciously and designedly drives or leads any animal into another locality wh…