Chapter 19 - Contagious And Infectious Diseases Among Livestock
CHAPTER 19 - CONTAGIOUS AND INFECTIOUS DISEASES AMONGLIVESTOCK
ARTICLE 1 - IN GENERAL
11-19-101. Duties of state veterinarian generally; failure to complywith provisions; penalty.
(a) The state veterinarian shall investigate all cases ofdangerously contagious or infectious diseases among domestic animals in thisstate which are brought to his notice. In the absence of specific information,he shall make inspections of any locality where he has reason to suspect thereis any contagious or infectious disease. He shall order that all animalsaffected with, exposed to or suspected of being affected with such diseases begathered and quarantined. No animals pronounced affected with a dangerouslycontagious or infectious disease by the state veterinarian or his deputy oragent shall be turned loose, removed or permitted to escape, but shall be heldsubject to the order of the state veterinarian. All animals ordered gatheredshall be gathered within a reasonable time specified by the state veterinarian.
(b) Any person failing to comply with this section shall bepunished as provided in W.S. 11-1-103.
11-19-102. Duty of public to report diseases to state veterinarian;list of reportable diseases; failure to comply or obstruction of duty;penalties.
(a) Any person or government entity who knows or suspects thatthere is any contagious or infectious reportable disease among animals owned byor under their jurisdiction or any veterinarian who knows or suspects anyreportable contagious or infectious disease on any premises or in any animal,shall immediately report the same to the state veterinarian. The state veterinarianshall establish and manage a list of reportable diseases for any contagious orinfectious disease deemed by the state veterinarian to be a threat to domesticanimals. During development of this list the state veterinarian shall consultwith the Wyoming game and fish department's supervisor of veterinary researchservices. Information collected in response to the list of reportable diseasesshall be considered confidential proprietary information. Access to anyinformation collected under the list of reportable diseases shall be limited tothe person who reported the disease and the state veterinarian, except that thestate veterinarian may at his discretion notify any of the following:
(i) The Wyoming livestock board;
(ii) The state veterinary laboratory;
(iii) The Wyoming game and fish director only if the diseasethreatens wildlife;
(iv) Any state or federal inspector, public health official orpeace officer who is actively involved in the investigation of an outbreak orsuspected outbreak of the contagious or infectious disease;
(v) Owners of possible contact animals;
(vi) Adjacent landowners; or
(vii) Local area practicing veterinarians.
(b) The state veterinarian when he deems it to be in the bestinterests of animal health, or the state public health officer when he deems itto be in the best interests of human public health, may release to the publicany information collected under subsection (a) of this section, except theidentity of any individual who reported the disease or whose animals may havecontracted the disease.
(c) A failure to report, or any attempt to conceal theexistence of the disease or to willfully or maliciously obstruct or resist theveterinarian in the discharge of his duty is a misdemeanor. Any person whowillfully or maliciously falsifies a report to the state veterinarian is guiltyof a misdemeanor. Any person convicted of any of the above acts or omissionsshall be punished as provided in W.S. 11-1-103.
11-19-103. Quarantine of diseased animals generally; treatment thereof;effect of failure to obey order of state veterinarian; appeal; stay of action.
(a) In all cases of infectious and contagious disease amongdomestic animals in this state, the state veterinarian may order the quarantineof the infected premises. If the disease becomes epidemic in any locality inthis state, the state veterinarian shall immediately notify the governor whoshall issue his proclamation forbidding transfer of any animal of the kindamong which the epidemic exists from the locality without permission from thestate veterinarian.
(b) Whenever the state veterinarian finds any infectious orcontagious disease among domestic animals in any section of the state he shalltake such steps as will prevent the spread of the disease. As a sanitarymeasure, he may inspect and compel the dipping, spraying or other treatment ofall such animals in Wyoming found to be infected or exposed to the disease,under such rules and regulations as he may adopt. Any order or regulation madeby the state veterinarian is subject to review, modification or annulment bythe board at any subsequent meeting.
(c) Notwithstanding the provisions of subsection (b) of thissection, no person shall be required to dip ewes with lambs between April 15and July 1, but all ewes with lambs infected with or exposed to any infectiousor contagious disease must be held in quarantine, separate from sound sheep.The owner of ewes with lambs held in quarantine during the above period ofexemption is required to spot and hand dress animals showing symptoms of anyinfectious or contagious disease, and the state veterinarian or his agent mayenforce such treatment and recover the cost thereof as provided by law fortreatment at any other time of the year.
(d) Where sheep must be dipped in the immediate vicinity of thequarantine and the owner fails to provide suitable facilities for dipping, thestate veterinarian or his agent may prepare such dipping works at the expenseof the owner. If the sheep cannot subsist on range forage until they have beentreated, the state veterinarian shall provide feed at the owner's expense.
(e) If the owner or persons in charge of animals orderedtreated, after reasonable notice determined by the veterinarian, fail to dip,spray or otherwise treat such animals as ordered, the veterinarian may seize orcause such animals to be seized and dipped, sprayed or otherwise treated, andmay hold and sell the animals, or part thereof as necessary to pay all costs ofinspection, seizing, caring for, dipping, spraying or other treatment togetherwith cost of sale. The sale shall be made at the time and place and in themanner prescribed by the veterinarian. Not less than three (3) days nor morethan fifteen (15) days notice of the time, place and purpose of the sale shallbe given by the veterinarian to the owner or persons in charge of the animals,by personal service within the county in which the animals are being held ifpossible, and if not possible then such notice may be given either by personalservice outside of the county or by advertisement in any paper selected by theveterinarian.
(f) The owner of animals so seized and held may at any timeprior to sale recover possession of the same by paying to the stateveterinarian the amount of costs incurred by order of the veterinarian againstthe animals. Any sum realized from the sale of the animals over the costactually incurred against the animals shall be returned to the owner of theanimals if known or can by reasonable diligence be found. Otherwise the overageshall be placed in the estray fund and dispensed as provided by law.
(g) Any order or other action under this chapter may beappealed by the owner, or the agent of the owner, of the animals affected or byany aggrieved governmental entity to the board as follows:
(i) The appeal shall be requested within thirty (30) days ofthe order or action, except that a quarantine may be appealed at any timeduring the quarantine;
(ii) An informal hearing may initially be requested. A formalhearing may subsequently be requested and shall be conducted as a contestedcase in accordance with the Wyoming Administrative Procedure Act. The boardshall render a final decision in writing within ten (10) working days of theconclusion of the hearing;
(iii) The board may alter, amend, annul or otherwise modify anyorder in the event the board finds:
(A) The aggrieved person was injured by the order orregulation; and
(B) The state veterinarian lacked legal authority for the orderor regulation; or
(C) The order or regulation was not needed to:
(I) Protect the public health;
(II) Prevent the spread of animal disease;
(III) Preserve the ability to market Wyoming livestockefficiently; or
(IV) Implement a specific requirement of Wyoming law.
(iv) All decisions of the board are subject to judicial reviewunder the Wyoming Administrative Procedure Act.
(h) In the event of a foreign animal disease outbreak, an actof animal agro-terrorism or other animal health emergency, the stateveterinarian shall have all of the resources of the livestock board at hisdisposal. When such an event occurs, the state veterinarian shall immediatelynotify the governor and shall advise him as to any additional resources whichmay be needed to address the emergency.
11-19-104. Slaughter of diseased animals; authority of veterinarian;slaughtering order; when consent of owner required.
(a) In any case of epidemic disease where premises have beenpreviously quarantined by the state veterinarian, he may order the slaughter ofany diseased animals upon the premises and all animals that have been exposedto contagion or infection under the following restrictions:
(i) The order shall be in writing with a duplicate for eachowner of the animals condemned;
(ii) The original of each order shall be filed by theveterinarian with the governor and a duplicate given to the owner; and
(iii) Before slaughtering any animal that has been exposed onlyand does not show disease, the veterinarian shall have the consent of the owneror person in charge of the animal to be slaughtered.
11-19-105. Slaughter of diseased animals; condemnation by veterinarian;burning of carcass; payment of expenses.
The state veterinarian or his deputy shallcondemn the animals before slaughter and shall superintend the slaughter ofanimals condemned. The carcass, including every part of the animal and hide,shall be destroyed by burning to ashes, and also excrement as far as possible.He shall cause the slaughter and burning to be done as cheaply as practicableand shall pay the expense from any fund appropriated for that purpose, takingproper vouchers for the same.
11-19-106. Slaughter of diseased animals; owner's claims.
(a) All claims against the state arising from the slaughter ofanimals, together with the order of the veterinarian, shall be submitted to thestate auditor who shall examine them without unnecessary delay. For each claimhe finds to be equitable and entitled to indemnity under this chapter theauditor shall issue his warrant on the state treasurer for the sum named in theclaim. All claims for indemnity arising under the provisions of this chapter,before they are presented for payment to the auditor, shall be submitted to thestate veterinarian who shall fully inform himself of the facts connected witheach claim. The state veterinarian shall endorse on each claim his approval orrejection and shall express in such endorsement the reasons for his approval orrejection.
(b) If the state veterinarian rejects a claim it and thereasons for rejection shall be submitted to a board of arbitration consistingof three (3) members selected as follows:
(i) The state veterinarian shall select one (1) stock growerwho is a resident of the county where the slaughtered animal for which theclaim is made ranged;
(ii) The claimant shall select one (1) stock grower who is aresident of the same county; and
(iii) These two (2) shall choose the third member from among thestock growers of the same county.
(c) The indemnity granted shall be the fair market value of thelivestock as determined by the department of agriculture. It shall be paid tothe owner upon his application and presentation of proofs prescribed hereinwithin six (6) months of the date of slaughter for which payment is claimed.The claim shall be barred if not presented within the time limited.
(d) Payments shall be made by the state treasurer from fundsappropriated as provided by W.S. 11-19-109. The right to indemnity is limitedto animals destroyed by reason of existence or suspected existence of someepizootic form of infectious or contagious diseases, generally fatal orincurable.
(e) There is no right to indemnity and payment in the followingcases:
(i) For animals belonging to the United States;
(ii) For animals that are brought into the state contrary to thelaws of this state or the governor's import proclamation;
(iii) For animals found to be diseased upon arrival or that wereexposed to the disease prior to their arrival in the state under circumstanceswhereby the Wyoming owner knew or should have known of such conditions;
(iv) When an animal was previously affected by any other diseasewhich from its nature and development was incurable and necessarily fatal;
(v) When the owner or person in charge has knowingly ornegligently omitted to comply with W.S. 11-19-104 or 11-19-105; or
(vi) When the owner or claimant at the time of coming inpossession of the animal knew it to be diseased or received the notice specifiedin W.S. 11-19-110.
11-19-107. Auditor to pay claims allowed by board; effect of failure tosubmit claim to board.
The state auditor shall pay no claim forindemnity which is rejected by the state veterinarian, unless it has beensubmitted to arbitration and the arbitration board decided it to be legal andjust. If any claimant refuses to submit his claim rejected by the veterinarianto a board of arbitration, the refusal is a waiver of all claim for indemnity.
11-19-108. Compensation of board.
Each member of a board of arbitration shallreceive five dollars ($5.00) for each day actually engaged and employed in theinvestigation of any claim, paid by the state veterinarian out of anappropriation for that purpose.
11-19-109. Limitations on indemnity.
The liability of the state for indemnityfor animals destroyed under this act [ 11-19-101 through 11-19-111] in anytwo (2) years, is limited by and shall in no case exceed the amount especiallyappropriated for that purpose and for that period.
11-19-110. Quarantine of diseased animals; authority of veterinarianover animals in transit.
(a) The owner or person having in charge any animal affectedwith or suspected of any contagious or infectious disease shall immediatelyconfine the animal in a safe place, isolated from other animals, and with allnecessary restrictions to prevent dissemination of the disease until thearrival of the state veterinarian.
(b) The state veterinarian or his agent may examine all animalspassing through the state and on detection or suspicion of disease may takepossession of and treat and dispose of animals in transit in the same manner asanimals resident in the state.
11-19-111. Regulation of importation of livestock; prohibited acts;penalties; applicability.
(a) The governor, upon recommendation of the Wyoming livestockboard, may regulate by proclamation the importation into Wyoming from any otherstate any livestock, or any virulent blood or live virus of any diseaseaffecting livestock, or any thing suspected of being infected with livestockdisease germs, except under such conditions as he deems proper for theprotection of the livestock of Wyoming. All requirements in the governor'sproclamation shall be enforced by the Wyoming livestock board.
(b) After a proclamation is issued by the governor it isunlawful for any person to import into Wyoming or receive imports within thisstate from any other state any livestock, virulent blood or live virus ofdiseases affecting livestock, or any product or thing suspected of beinginfected with livestock disease germs, except under such conditions as may beimposed by the proclamation. Any person who violates this section shall bepunished as provided in W.S. 11-1-103. The violator is civilly liable for all damagesand loss sustained by any person by reason of violation of the proclamation.
(c) The proclamation authorized by this section shall notprohibit the transportation of animals through Wyoming by railroad as long asthe animals are not unloaded in this state.
11-19-112. Cooperation with federal bureau of animal industry.
The state consents to having the bureau ofanimal industry of the United States department of agriculture and itsemployees come within Wyoming for all purposes connected with the importationand exportation of diseased livestock and for all purposes connected with theeradication, suppression and control of dangerously infectious and contagiousdiseases of livestock.
11-19-113. Destruction of swine affected with or exposed to hogcholera; appraisal; reimbursement.
The Wyoming livestock board or itsauthorized representative may destroy or require the destruction of any swinewhich the state veterinarian knows to be affected with or exposed to hogcholera to prevent or reduce the danger of the spread of hog cholera. Theappraisal shall be made according to title 9, chapter 1, subchapter B, part 56,Code of Federal Regulations, and the amendments thereto. The owner or custodianof the swine shall, immediately after the determination of its value, cause thesame to be disposed of as directed by the board. On presentation to the boardof evidence that disposition has been so made, the owner is entitled toreimbursement by the Wyoming livestock board of a sum equal to the share of reimbursementpaid by the federal government but in no case an amount greater than the valueof the swine.
11-19-114. Indemnities to certain owners prohibited.
Indemnities shall not be paid to the ownerfor swine which have been illegally imported into Wyoming or to said owner forany swine exposed to swine illegally imported into Wyoming.
11-19-115. Cooperation with United States.
The Wyoming livestock board may cooperatewith the United States or any department, agency or officer thereof, in the controland eradication of hog cholera, including the sharing in payment of indemnitiesfor swine destroyed.
11-19-116. Certain actions deemed misdemeanors.
Any owner or custodian of swine who failsto dispose of swine as directed by the Wyoming livestock board, or any personwho imports or aids or abets the importation of swine into Wyoming knowing theswine to be infected with hog cholera, is guilty of a misdemeanor punishable asprovided in W.S. 11-19-111(b).
11-19-117. Liability for damages caused by quarantine.
Where in the enforcement of quarantineregulations owners of property are injured, the person responsible for thenecessity of the quarantine and all those exercising ownership over the sheepquarantined are liable for all damages and injuries occasioned thereby.
ARTICLE 2 - TUBERCULIN TEST OF DAIRY CATTLE
11-19-201. Definitions.
(a) As used in this act:
(i) "Dairy cow" means any cow the milk or milkproducts from which is sold or used for human consumption;
(ii) "This act" means W.S. 11-19-201 through11-19-215.
11-19-202. Accredited herds.
Herds may become accredited by complyingwith the regulations of the United States bureau of animal industry, nationallivestock sanitary association.
11-19-203. Special deputy state veterinarian; appointment; bondrequired.
The state veterinarian, with the consent ofthe governor, may appoint a qualified person as special deputy stateveterinarian to act under the direction of the state veterinarian in carryingout the provisions of this act. The special deputy shall take an oath for thefaithful and efficient performance of all duties required of him and shall givesatisfactory bond to the state of Wyoming in the sum of three thousand dollars($3,000.00).
11-19-204. When test to be made; quarantine; penalty for failure tocomply.
All cows in Wyoming supplying milk or creamin cities or towns or to creameries in the state, and all bulls exposed orknown to have been exposed to such cows shall be tested for tuberculosis. Ifnecessary, the state veterinarian may order the quarantine of animals suspectedof being diseased with tuberculosis. Any person violating the quarantine isguilty of a misdemeanor and shall be fined not less than ten dollars ($10.00)nor more than one hundred dollars ($100.00) for each offense.
11-19-205. Cities or towns may require annual test.
The mayor or governing body of any city ortown may require by ordinance persons selling or offering for sale any milk ormilk products within the city or town to have all animals producing the milktested for tuberculosis once each year, and may prohibit the sale of milk ormilk products in the city or town unless all cows from which such milk isproduced have passed the test for tuberculosis within the past year.
11-19-206. First test to be made without charge; subsequent tests atexpense of owner.
The first tuberculin test of all cattle ofowners selling or using milk or cream shall be made by the state veterinarian'sdepartment without charge to the owners. All subsequent tests shall be madeunder the supervision of the state veterinarian's department at the expense ofthe owners.
11-19-207. Disposition of fees.
The fees collected for tuberculosis testsshall be immediately transmitted to the state veterinarian who shall depositthem in the state treasury to the credit of the general fund.
11-19-208. Ear tags; record to be kept of cattle tested.
Each animal which passes the tuberculosistest satisfactorily shall have an ear tag inserted in its ear. The state veterinarianshall see that a correct record is kept of all cattle tested, the date andplace of testing, the names and addresses of owners and the number of the eartag inserted in the ear of each animal, and shall report this information inhis regular biennial report.
11-19-209. Retests of cattle.
Whenever the state veterinarian suspectsthat tuberculosis exists or has been introduced by imported dairy cattle amongany dairy cattle in this state, he shall order the retesting of same,regardless of any former tests made.
11-19-210. Veterinarian's certificate or special permit; required tosell milk or cream; penalty for failure to comply.
No person selling milk or cream in citiesor towns or to creameries in this state, may sell such milk or cream unlessthey possess a certificate or special permit from the state veterinarian. Anyperson violating this section is guilty of a misdemeanor and shall be fined notless than ten dollars ($10.00) nor more than one hundred dollars ($100.00) foreach offense.
11-19-211. Veterinarian's certificate or special permit; issuance aftertest; owner's authority to sell milk.
On completion of the tuberculin test uponall dairy cattle owned by any person, the state veterinarian shall issue acertificate to the owner showing that all such cattle are free fromtuberculosis, or if all animals were not found free from tuberculosis, acertificate showing that proper disposition as required by law has been made ofdiseased animals and the remaining animals in the herd are free fromtuberculosis so far as may be determined by the tuberculin test. Thecertificate is the owner's authority for selling milk or cream as above.
11-19-212. Notice to owners of provisions; acknowledgment of notice;effect of failure to notify; special permit in lieu of certificate.
The state veterinarian or his agent shallascertain the names and addresses of all owners of dairy cattle in this stateand shall notify them in writing of the provisions of this act, obtainingacknowledgment from the owner of receipt of the notice. No person owning dairycattle shall be considered as violating the provisions of this act who has notbeen officially notified of its provisions. The owner notified shall makeapplication to the state veterinarian for a special permit to be used as hisauthority for selling milk or cream in cities or towns or to creameries in thisstate until the animals have been tuberculin tested and a certificate issued.
11-19-213. Veterinarian to order unsanitary premises cleaned and disinfected;penalty for failure to comply.
The state veterinarian or his agent mayorder any unsanitary dairy barns or premises cleaned and disinfected at theexpense of the owner. If, after a reasonable time, unsanitary barns or premisesare not cleaned and disinfected as ordered, the owner shall be fined not lessthan ten dollars ($10.00) nor more than one hundred dollars ($100.00) for eachoffense.
11-19-214. Sale of diseased livestock.
All livestock in Wyoming lawfully found tobe affected with tuberculosis may be shipped or transported under the directionof the state veterinarian in accordance with federal regulations, to livestockmarkets and there sold for salvage and destroyed or transferred to an approvedslaughter facility or veterinary diagnostic laboratory in accordance withfederal regulations. Prior to directing that any affected livestock be soldunder this section, the state veterinarian shall ascertain that sufficientfunds are available from either federal or state sources to ensure that theowner of condemned livestock will be paid the difference between the marketvalue at the time of quarantine and the amount received for the sale, less anyamount of reimbursement provided for and paid under federal law or regulation,the cost of shipping or transportation and commission charges.
11-19-215. Prohibited acts; penalties.
Any person who intentionally interfereswith, refuses to assist in gathering and testing his cattle, or hinders thework of the state veterinarian or his employees under this act, or who attemptsto defeat the object of the tuberculin test by a previous injection oftuberculin commonly known as "plugging," or in any way attempts toprevent an accurate and truthful determination of the condition of the cattletested, shall be fined not less than ten dollars ($10.00) nor more than onehundred dollars ($100.00), or imprisoned not more than thirty (30) days, orboth.
ARTICLE 3 - TUBERCULOSIS MODIFIED ACCREDITED AREAS
11-19-301. Designation of county.
When the cattle in any county have beentested for tuberculosis and the records show the infection rate has beenreduced to the minimum percent fixed by the state veterinarian and theveterinary services, United States department of agriculture in their rules andregulations, such county shall be designated as a "tuberculosis modifiedaccredited area."
11-19-302. Petition for inspection; notification of veterinarian.
Whenever sixty percent (60%) or more of thetaxpayers of any county as shown by the last assessment roll of that county,petition the board of county commissioners asking that cattle within the countybe tested for tuberculosis, the board of county commissioners shall notify thestate veterinarian who shall proceed with the testing for tuberculosis in the countyin accordance with the rules and regulations prescribed by the United Statesbureau of animal industry for the establishment and maintenance of tuberculosismodified accredited areas.
11-19-303. Appropriations by counties for control of diseases.
The board of county commissioners mayappropriate as much money as it deems necessary for the control and eradicationof any infectious, contagious or communicable diseases of livestock. The fundsshall be used in cooperation with the state veterinarian or the veterinaryservices, United States department of agriculture, in testing animals anddisposing of diseased animals disclosed by the tests as provided by law.
11-19-304. Prohibition on importation of cattle; penalties.
Anyperson bringing cattle into any "tuberculosis modified accreditedarea" except in compliance with the rules and regulations made by thestate veterinarian shall upon conviction be punished by imprisonment for notmore than one (1) year, or by a fine of not more than one hundred dollars($100.00), or both.
11-19-305. Powers of state veterinarian.
The state veterinarian may make and enforcerules and regulations necessary for the enforcement of W.S. 11-19-301 through11-19-306.
11-19-306. Penalties for violation of rules and regulations.
Any person who violates any lawful rule orregulation made by the state veterinarian pursuant to W.S. 11-19-305 is guiltyof a misdemeanor and upon conviction, shall be punished by imprisonment for notmore than one (1) year, or by a fine of not more than one hundred dollars($100.00), or both.
ARTICLE 4 - BRUCELLOSIS TEST OF CATTLE
11-19-401. Tagging, branding and disposition of cattle reacting totest; penalties for failure to comply.
All cattle in Wyoming reacting to anagglutination test for brucellosis (Bang's disease) except reactors underthirty (30) months of age which have been officially vaccinated with brucellaabortus vaccine, strain 19, and except officially vaccinated adult animalswhich were negative to the agglutination test for brucellosis within ten (10)days prior to vaccination, must be immediately tagged in the left ear with aBang's reactor tag and permanently branded with a hot iron letter "B"on the left jaw by or in the presence of an officially authorized veterinarian.All such reactors must be disposed of for slaughter only, upon and according towritten instruction from the Wyoming livestock board. Any person who violatesany provision of this section shall be punished as provided in W.S. 11-1-103.
11-19-402. Breeding cattle and buffalo entering state to show evidenceof negative test or vaccination for brucellosis; exceptions.
All breeding cattle and buffalo enteringWyoming shall be accompanied by a proper health certificate showing evidence ofa negative blood test for brucellosis made within thirty (30) days prior toentry, or evidence of being officially vaccinated by a licensed veterinarianduring calfhood against brucellosis. Breeding cattle and buffalo originatingfrom modified certified brucellosis areas, certified brucellosis free areas andfrom certified brucellosis free herds entering Wyoming may be exempt from thissection but must be accompanied by a proper health certificate.
11-19-403. When cattle or buffalo exempt from provisions.
Breeding cattle and buffalo enteringWyoming for the purpose of feeding only may be exempt from the requirements ofW.S. 11-19-402 if they are placed under quarantine by the rules and regulationspromulgated by the Wyoming livestock board.
11-19-404. Applicability of provisions.
The Wyoming livestock board shall determinewhich of the requirements set forth in W.S. 11-19-402 through 11-19-404 applyto the various counties or areas within Wyoming.
11-19-405. Control of brucellosis; governor authorized to negotiate withfederal agencies.
(a) In order to preserve the brucellosis-free status of thisstate, the governor shall enter into negotiations with any relevant partiesincluding appropriate federal agencies on steps necessary to ensurebrucellosis is not passed from wildlife to livestock.
(b) The governor may direct any state agency to take anyactions needed to ensure brucellosis does not spread from wildlife tolivestock.
(c) In the event of a confirmed outbreak of brucellosis, thegovernor may authorize the state veterinarian, with the approval of the Wyominglivestock board, to require brucellosis testing of all test eligible bovine ordomestic bison at the farm or ranch of origin or any licensed Wyoming livestockmarket prior to a change of ownership for a period of up to eighteen (18)months. At the end of the required testing period, the state veterinarianshall review the testing requirement and may reimpose brucellosis testing forone (1) or more successive periods under this subsection if there is deemed bythe state veterinarian to be a threat to Wyoming's brucellosis free status orif the state is designated as brucellosis class A or lower status.
(d) The state veterinarian may direct any Wyoming brandinspector to withhold a brand inspection for movement or change of ownership toany person who has not shown evidence of any required brucellosis test.
(e) As part of the state brucellosis surveillance andprevention program, the state veterinarian may require brucellosis testing ofany test eligible bovine or domestic bison at any licensed Wyoming livestockmarket at any time. Failure to comply shall result in a suspension of thelivestock market's license.
(f) Any person who violates any provision of this section shallbe punished as provided by W.S. 11-1-103.
11-19-406. Sale of diseased cattle or domestic bison.
All cattle or domestic bison in Wyominglawfully found to be affected with brucellosis, including all sexually intactcattle or domestic bison that are part of a herd found to be affected withbrucellosis, may be shipped or transported under the direction of the stateveterinarian to livestock markets and sold for immediate slaughter ortransferred to an approved slaughter facility or veterinary diagnosticlaboratory in accordance with federal regulations. Prior to directing that anycattle or bison that are part of an infected herd be sold under this section,the state veterinarian shall ascertain that sufficient funds are available fromeither federal or state sources to ensure that the owner of the condemnedcattle or domestic bison will be paid the difference between the market valueat the time of quarantine and the amount received for the sale, less any amountof reimbursement provided for and paid under federal law or regulation, thecost of shipping or transportation and commission charges. Payments under thissection shall not be made by the state for any sexually intact female cattle orbison which are over twelve (12) months old and which are not official calfhoodvaccinates as provided in board rule and regulation.
11-19-407. Brucellosis testing program.
(a) The livestock board shall develop a brucellosissurveillance program in the designated surveillance area as defined by thelivestock board. The program may be conducted with the help of veterinarypractitioners and livestock auction markets. This program shall provide for thetesting of livestock for brucellosis, for spaying heifers and for adultvaccinations only to the extent that may be reasonably necessary to maintain orto regain the brucellosis-free status of the state of Wyoming. Compensationunder this program for all purposes except mandatory testing shall be pursuantto the terms of a livestock herd plan that has been entered into between thelivestock producer and the Wyoming state veterinarian.
(b) The compensation for brucellosis surveillance testing,spaying heifers and adult vaccinations shall be paid at not less than onedollar and fifty cents ($1.50) per head and not more than eight dollars ($8.00)per head of cattle actually tested, spayed or adult vaccinated. Compensationfor brucellosis testing, spaying or adult vaccinating may include the purchaseof brucellosis testing, spaying or adult vaccinating equipment, supplies andpostage.
(c) Payments under subsection (b) of this section shall be mademonthly directly to accredited veterinarians who perform brucellosis testing,spaying, adult vaccinating and surveillance planning or to livestock auctionmarkets that use their facilities and veterinarians to conduct brucellosistesting, spaying or adult vaccinating as mandated by rule of the Wyominglivestock board or the United States department of agriculture animal plant andhealth inspection service. The payment shall be made upon submission to theWyoming livestock board of a notarized invoice indicating the number of headtested, spayed or adult vaccinated, the ownership of the animals tested, spayedor adult vaccinated and the testing, spaying or adult vaccinating location.
ARTICLE 5 - REGULATION AND INSPECTION OF SHEEP
11-19-501. When notice of importation to be made; contents;applicability of rules and regulations of board.
(a) Any person intending to bring or cause to be brought anysheep from any other state or territory, the District of Columbia or anyforeign country into Wyoming in any manner except by shipping them through thestate by railroad or truck, shall, ten (10) days before crossing the stateline, notify the executive officer of the board of the proposed action. Thenotice shall set forth the number of sheep, the brands or marks thereon, thename of the owner and the locality from which the sheep came and through whichthey have been driven.
(b) Sheep trailed or shipped into the state from adjoiningstates for immediate interstate shipment or for show and exhibition purposes,sheep grazing along and across state lines, and sheep shipped from any part ofthis state to feed yards in any other part of the state when shipment is madeby interstate route, are governed by the rules and regulations of the board.
11-19-502. Unloading sheep in transit prohibited; exception; cost ofenforcement.
Any sheep in transit through this stateshall not be unloaded for any purpose except for feeding, and shall be held inthe feed yards or in grazing grounds and not allowed to leave. All expenses ofenforcing this section shall be paid by the owner of the sheep.
11-19-503. Bringing infected sheep into state prohibited.
It is unlawful for any person to bring intothis state any sheep infected with any infectious or contagious disease, orthat have been exposed to such disease.
11-19-504. Refusal to give information deemed misdemeanor.
Any herder or other person in charge ofsheep who willfully refuses to give an inspector information as to thecondition of sheep in his charge is guilty of a misdemeanor punishable asprovided by W.S. 11-19-506.
11-19-505. Owners to be jointly and severally liable; when arrestnecessary; service of summons and complaint.
Inany action arising under W.S. 11-19-501 through 11-19-505, all persons owningor having control of the sheep concerning which the action is had, are liableseverally and jointly. In criminal actions, no arrest is necessary except incase of nonresident persons, but a summons containing notice of the time andplace of trial, together with a copy of the complaint filed in a circuit court,or in the court in which the action is commenced, shall be served in the samemanner and for the length of time provided by law for the service of summons incivil cases.
11-19-506. Penalties.
Any person who violates W.S. 11-19-501through 11-19-505 shall be fined not more than five thousand dollars($5,000.00) or imprisoned not more than one (1) year, or both.
ARTICLE 6 - WILDLIFE/LIVESTOCK DISEASE RESEARCH PARTNERSHIP
11-19-601. Findings; purposes.
(a) The interaction of livestock and wildlife may lead tomutual or shared diseases. Some of these diseases may have the potential toadversely affect Wyoming's livestock producers and influence the management ofWyoming's free-ranging wildlife. Research into these diseases may providestrategies or solutions that benefit Wyoming's livestock industries andwildlife resources.
(b) The purpose of the Wyoming wildlife/livestock diseaseresearch partnership is to utilize existing personnel and facilities of thestate, to identify funding sources, to enhance wildlife and livestock diseaseresearch in the state, and to understand, manage, control and preemptpotentially mutual or shared diseases that may impact wildlife, livestock orhumans.
11-19-602. Wyoming wildlife/livestock disease research partnershipboard created; membership; duties; purposes.
(a) There is created the wildlife/livestock disease researchpartnership board within the department. The board shall consist of thefollowing members or their designees:
(i) The director of the department;
(ii) The director of the Wyoming game and fish department;
(iii) The vice-president for research at the University ofWyoming;
(iv) The director of the Wyoming state veterinary laboratory;and
(v) The state veterinarian.
(b) The board shall:
(i) Accept funding from all sources, including federal, stateand local governments and private donations to carry out the purposes of thisarticle;
(ii) Leverage funds received to match other funds that may beavailable to the board;
(iii) Deposit funds received into the account created by W.S.11-19-603. No funds may be withdrawn or otherwise expended without the specificconsent of at least three (3) members of the board;
(iv) Accept, review and prioritize research proposals submittedto the board;
(v) Seek support for programs and projects consistent with thepurposes of the board;
(vi) Allocate funds for research which serve the goals of understanding,managing, controlling or preempting potentially mutual or shared diseases thatimpact wild and domestic animals or humans in the state.
(c) In approving research requests for funding, the board shallfirst consider any requests for funding from the Wyoming game and fishdepartment, the University of Wyoming, the Wyoming department of agricultureand the Wyoming livestock board. After consideration of requests from thosestate agencies, the board may consider requests from other entities.
(d) All research projects requesting funding from the boardshall be submitted to the board in a form and manner specified by the board.The approval of not less than three (3) members of the board shall be requiredprior to funding of a project with funds received under this section.
11-19-603. Account created.
There is created a wildlife/livestock disease researchpartnership account. Funds from this account shall be used only for purposesspecified in W.S. 11-19-602. Any interest earned on the account shall remainwithin the account.