Section 72. Control and suppression of disease  


Latest version.
  • 1. The commissioner may
      cause investigations to be made as to the best method for  the  control,
      suppression   or  eradication  of  infectious  or  communicable  disease
      affecting domestic animals or carried by domestic animals and  affecting
      humans.  Whenever  any  infectious  or  communicable  disease  affecting
      domestic animals or carried by domestic  animals  and  affecting  humans
      shall  exist  or  shall  have  recently  existed outside this state, the
      commissioner shall take measures to  prevent  such  disease  from  being
      brought  into  the  state.  Whenever  any such disease shall exist or be
      brought into or break out in this state,  the  commissioner  shall  take
      measures  promptly to suppress the same and to prevent such disease from
      spreading.
        2. He may  issue  and  publish  a  notice  stating  that  a  specified
      infectious  or  communicable  disease  exists, may exist or has recently
      existed in the state, or in any designated county or other  geographical
      district  thereof,  and  warning all persons to seclude, in the premises
      where they maybe at the time, all animals within this state,  or  within
      such county or district, or an adjoining county or district, that are of
      a kind susceptible to contract such disease; and ordering all persons to
      take such precautions against the spreading of the disease as the nature
      thereof may, in his judgment, render necessary or expedient and which he
      may  specify  in  such  notice.  Such  notice shall be published in such
      manner as the commissioner may designate.  The  commissioner  may  cause
      such  notice  to be posted on buildings where animals are harbored which
      are believed to be diseased or exposed to disease, or on poles, gates or
      fences within an area in which diseased or exposed animals are  harbored
      or kept. No person shall tear down, mutilate, deface or destroy any such
      notice  or  order  issued  by  the  commissioner and posted, as provided
      herein, during the pendency of such notice or  order.  The  commissioner
      may  alter  or  modify, from time to time, as he may deem expedient, the
      terms of any notice or order issued or made pursuant to this article and
      may at any time cancel or withdraw the same.
        3. The commissioner may adopt and enforce rules  and  regulations  for
      the  control,  suppression  or  eradication  of communicable diseases in
      domestic animals  or  for  the  purpose  of  preventing  the  spread  of
      infection  and  contagion  among  such  animals, or from such animals to
      humans, and may, in behalf of the state, accept, in whole  or  in  part,
      rules  and  regulations  adopted  by the secretary of agriculture of the
      United States under any act  of  congress  providing  for  the  control,
      suppression or eradication of communicable diseases in domestic animals.
      The commissioner may cooperate with the authorities of the United States
      government  within  this  state  in  the  carrying out of such rules and
      regulations and the enforcement of the provisions of  any  such  act  so
      passed  which  are  not  in  conflict  with  the statutes of this state.
      Whenever the commissioner finds that an emergency  situation  exists  in
      relation  to  the  prevention  or  control of communicable disease among
      domestic animals, or from such animals to humans, the  commissioner  may
      by  regulation  require  that  all  domestic  animals  of any designated
      species be immunized against any designated  disease.  Such  regulations
      may  specify  the  immunizing  agent  to  be  used  and  the  method  of
      immunization. The regulations may prescribe that such immunization shall
      be performed by the agents of the department or require that all  owners
      or  harborers of the designated species shall cause such immunization to
      be performed by a licensed veterinarian.
        4. Whenever a program for the control, suppression or eradication of a
      disease of domestic animals has  been  adopted  and  instituted  by  the
      commissioner  pursuant  to  this  article, the owner or harborer of each
      domestic animal of the species involved shall, on  or  at  the  premises
    
      where  such  animal is kept, present and restrain such animal for tests,
      examination, immunization,  or  identification  at  such  times  as  the
      commissioner on not less than forty-eight hours notice shall direct.