NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 511

HOUSE BILL 587

 

 

AN ACT REWRITING PART 8, ARTICLE 34, CHAPTER 106 RELATING TO THE DISEASE OF BRUCELLOSIS (BANG'S DISEASE) IN ANIMALS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Part 8, Article 34, Chapter 106 of the General Statutes is rewritten in its entirety to read as follows:

"§ 106-388.  Animals Affected With, or Exposed to, Brucellosis Declared Subject to Quarantine, etc. It is hereby declared that the disease of animals known as Brucellosis, or Bang's disease, is of an infectious and contagious nature, and animals affected with, or exposed to, or suspected of being carriers of the disease, shall be subject to quarantine and the rules and regulations of the Department of Agriculture.

"§ 106-389.  Brucellosis Denned; Cooperation With the U. S. Department of Agriculture. Brucellosis shall mean the disease wherein an animal is infected with Brucella organisms (including Brucella Abortus, B. Melitensis and B. Suis), irrespective of the occurrence or absence of abortion or other symptoms. An animal shall be declared affected with Brucellosis if it is classified as a reactor to a serological test for the disease, or if the Brucella organism has been found in the body, its secretions or discharges. The State Veterinarian is hereby authorized and empowered to set up a program for the vaccination of calves in accordance with the recommendations of the Brucellosis Committee of the U. S. Livestock Sanitary Association, and approved by the U. S. Department of Agriculture, when in his opinion vaccination is necessary for the control and eradication of Brucellosis. Vaccinated animals shall be permanently identified by tattooing or other methods approved by the Commissioner of Agriculture. Above the ages designated by regulation of the Board of Agriculture, all such vaccinates classified as reactors on an official test for Brucellosis, shall be considered as affected with Brucellosis and shall be branded with the letter 'B' in accordance with § 106-390. It shall be unlawful to sell, offer for sale, distribute, or use Brucellosis vaccine or any product containing live Brucella organisms, except as provided for in regulations adopted by the Board of Agriculture.

"The control and eradication of Brucellosis in the herds of North Carolina shall be conducted as far as available funds will permit, and in accordance with the rules and regulations made by the Board of Agriculture. The Board of Agriculture is hereby authorized to cooperate with the U. S. Department of Agriculture in the control and eradication of Brucellosis.

"§ 106-390.  Blood Sample Testing; Diseased Animals to be Branded and Quarantined; Sale; Removal of Identification, etc. All blood samples for the Brucellosis test shall be drawn by persons whose qualifications are set by regulation of the Board of Agriculture. Animals from which blood is collected for a Brucellosis test shall be identified by numbered ear tag, tattoo, or other manner approved by the Commissioner of Agriculture. It shall be the duty of the individual who collects the blood sample, or other designated authorized person, to brand all cattle affected with Brucellosis with the letter 'B' on the left hip or jaw, not less than three or more than four inches high, tag such animals with an approved Brucellosis reactor ear tag, and report the same to the State Veterinarian. Cattle affected with Brucellosis, and those believed by the State Veterinarian or his authorized representative to have been exposed to the disease, shall be quarantined on the owner's premises or at such other place as is mutually agreeable to the owner and the State Veterinarian or his authorized representative. No animal affected with, or exposed to, Brucellosis shall be sold, traded or otherwise disposed of except for immediate slaughter, and it shall be the duty of the person disposing of such infected animals to see that they are promptly slaughtered and a written report of same made to the State Veterinarian, provided that the Commissioner of Agriculture may permit movement of valuable animals classified as reactors, suspects or exposed directly into infected herds or to other premises under quarantine.

"All cattle, swine, sheep, goats or other animals subject to infection by Brucella organisms, sold, or offered at public sale, except for immediate slaughter, shall be subject to test requirements established by the Board of Agriculture.

"No ear tag, back tag, or other mark of identification approved by the Commissioner of Agriculture for identifying animals for the purpose of Brucellosis testing, including testing at slaughter plants, shall be removed from the animal without authorization from the State Veterinarian or his authorized representative.

"§ 106-391.  Civil Liability of Vendors. Any person, or persons, who knowingly sells, or otherwise disposes of, to another, an animal affected with Brucellosis shall be liable in a civil action to any person injured, and for any and all damages resulting therefrom.

"§ 106-392.  Sales by Nonresidents. When cattle are sold, or otherwise disposed of, in this State, by a nonresident of this State, the person or persons on whose premises the cattle are sold, or otherwise disposed of, with his knowledge and consent, shall be equally responsible for violations of §§ 106-388 to 106-398 and the regulations of the Department of Agriculture.

"§ 106-393.  Duties of State Veterinarian; Quarantine of Animals; Required Testing. When the State Veterinarian receives information, or has reasonable grounds to believe, that Brucellosis exists in any animal, or animals, or that it has been exposed to the disease, he shall promptly cause said animal, or animals, to be quarantined on the premises of owner or such other place as is mutually agreeable to the owner and the State Veterinarian or his authorized representative. Said animals shall not be removed from premises where quarantined until quarantine has been released by State Veterinarian or his authorized representative. A permit to move such infected or exposed animals to immediate slaughter may be issued by the State Veterinarian or his authorized representative. The Board of Agriculture is empowered to make regulations to provide for compulsory testing of animals for Brucellosis.

"§ 106-394.  Cooperation of County Boards of Commissioners. The several boards of county commissioners in the State are hereby expressly authorized and empowered within their discretion to make such appropriations from the general funds of their county as will enable them to cooperate effectively with the State and United States Departments of Agriculture in the eradication of Brucellosis in their respective counties.

"§ 106-395.  Compulsory Testing. Whenever a county board of commissioners shall cooperate with the State and the United States Governments, as provided for in §§ 106-388 to 106-398, the testing of all cattle in said county shall become compulsory, and it shall be the duty of the cattle owners to give such assistance as may be necessary for the proper testing of said cattle.

"§ 106-396.  Authority to Promulgate and Enforce Rules and Regulations. The Commissioner of Agriculture, by and with the consent of the State Board of Agriculture, shall have full power to promulgate and enforce such rules and regulations as may be necessary to carry out the provisions of §§ 106-388 to 106-398, and for the effective control and eradication of Brucellosis.

"§ 106-397.  Violation Made Misdemeanor. Any person or persons who shall violate any provision set forth in §§ 106-388 to 106-398, or any rule or regulation duly established pursuant to this Article by the State Board of Agriculture or any inspector who shall wilfully fail to comply with any provisions of §§ 106-388 to 106-398, shall be guilty of a misdemeanor.

"§ 106-398.  Punishment for Sale of Animals Known to be Infected, or Under Quarantine. Any person or persons who shall wilfully and knowingly sell or otherwise dispose of any animal or animals known to be affected with Brucellosis, or under quarantine because of suspected exposure to Brucellosis, except as provided for in §§ 106-388 to 106-398, shall be guilty of a misdemeanor, and punishable by a fine of not less than fifty dollars ($50.00) and not more than two hundred dollars ($200.00), or imprisoned for a term of not less than 30 days or more than two years."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be in full force and effect 90 days after ratification.

In the General Assembly read three times and ratified, this the 17th day of May, 1967.