4-31-16 - Contagious or infectious disease -- Duties of department.
4-31-16. Contagious or infectious disease -- Duties of department.
(1) (a) The department shall investigate and may quarantine any reported case ofcontagious or infectious disease, or any epidemic, or poisoning affecting domestic animals or anyanimal or animals that it believes may jeopardize the health of animals within the state.
(b) The department shall make a prompt and thorough examination of all circumstancessurrounding the disease, epidemic, or poisoning and may order quarantine, care, or any necessaryremedies.
(c) The department may also order immunization or testing and sanitary measures toprevent the spread of disease.
(d) Investigations involving fish or wildlife shall be conducted under a cooperativeagreement with the Division of Wildlife Resources.
(2) (a) If the owner or person in possession of such animals, after written notice from thedepartment, fails to take the action ordered, the commissioner is authorized to seize and hold theanimals and take action necessary to prevent the spread of disease, including immunization,testing, dipping, or spraying.
(b) Animals seized for testing or treatment under this section shall be sold by thecommissioner at public sale to reimburse the department for all costs incurred in the seizure,testing, treatment, maintenance, and sale of such animals unless the owner sooner tenderspayment for the costs incurred by the department.
(c) (i) No seized animal shall be sold, however, until the owner or person in possession isserved with a notice specifying the itemized costs incurred by the department and the time, place,and purpose of sale and the number of animals to be sold.
(ii) The notice shall be served at least three days in advance of sale in the manner:
(A) prescribed for personal service in Rule 4(d)(1), Utah Rules of Civil Procedure; or
(B) if the owner cannot be found after due diligence, in the manner prescribed for serviceby publication in Rule 4(d)(4), Utah Rules of Civil Procedure.
(3) Any amount realized from the sale of the animals over the total charges shall be paidto the owner of the animals if the owner is known or can by reasonable diligence be found;otherwise, the excess shall be paid to the tuberculosis and Bangs Disease Control Account.
Amended by Chapter 378, 2010 General Session