§ 106-401. State Veterinarian authorized to quarantine.
§ 106‑401. StateVeterinarian authorized to quarantine.
(a) The StateVeterinarian or an authorized representative may enter any property in theState or stop any motor vehicle on a public or private road to examine anyanimal that the State Veterinarian has reasonable grounds to believe isaffected with or exposed to a contagious animal disease. If the person refusesto consent to the entry and examination after the State Veterinarian or anauthorized representative has notified, in writing, the owner or person inwhose custody the animal is found, of the intention to enter the property andconduct the examination, the State Veterinarian or an authorized representativemay petition the district court in the county where the animal is found for anemergency order authorizing the entry and examination. The State Veterinarianor an authorized representative may quarantine any animal affected with orexposed to a contagious disease, or injected with or otherwise exposed to anymaterial capable of producing a contagious disease and shall give public noticeof the quarantine by posting or placarding with a suitable quarantine sign theentrance to any part of the premises on which the animal is held. The animalshall be maintained by the owner of the animal or the owner or operator of thepremises in accordance with this Part at the expense of the owner of the animalor the owner or operator of the premises. No animal under quarantine shall beremoved from the place of quarantine unless permitted by the State Veterinarianor an authorized representative in writing. The quarantine shall remain ineffect until cancelled by official written notice from the State Veterinarianor an authorized representative, and the quarantine shall not be cancelleduntil any sick or diseased animal has been properly disposed of and thepremises have been properly cleaned and disinfected.
(b) When determined bythe State Veterinarian, in consultation with the Commissioner of Agricultureand with the approval of the Governor, that there is an imminent threat withinthe State of a contagious animal disease that has the potential for veryserious and rapid spread, is of serious socioeconomic and public healthconsequence, or is of major importance in the international trade of animalsand animal products, the State Veterinarian or an authorized representative mayquarantine areas within the State. As part of the quarantine under thissubsection, the State Veterinarian or an authorized representative may enterany property in the State to examine any animal, to obtain blood and tissuesamples for testing for the animal disease, and for any other reason directlyrelated to preventing or controlling the animal disease, and may stop motorvehicles on a public or private road. The provisions of subsection (a) of thissection with respect to obtaining an emergency order do not apply to thissubsection. Written notice of the quarantine, including a description of thearea and the type of animal affected by the disease, shall be mailed ordelivered to news media, farm organizations, agriculture agencies, and otherentities reasonably calculated to give notice of the quarantine to affectedanimal owners, to the owners or operators of affected premises, and to thepublic. No animal subject to the quarantine shall be moved to any otherpremises unless permitted by the State Veterinarian or an authorizedrepresentative in writing. (1939, c. 360, s. 2; 1971, c. 724; 2001‑12, s.2; 2003‑6, s. 1; 2005‑21, s. 1; 2009‑103, s. 1.)