|
4:5-75. Penalty for violating article or regulations
A person who shall violate any of the provisions of this article or any order, rule or regulation made by the state board of agriculture under this article shall for a first offense be liable to a penalty of not less than one hundred nor more than two hundred dollars, and shall for each subsequent offense be liable to a penalty of two hundred dollars or to imprisonment for not more than one year, or both.
The penalty shall be sued for and recovered and the imprisonment imposed in an action to be brought by and in the name of the secretary of agriculture in the manner provided in article 2 of chapter 23 of this title (s. 4:23-11 et seq.).
4:5-75.1. Notice to Department of disease
Veterinarians, herd-owners, or other persons who gain knowledge of the existence or suspected existence of foot-and-mouth disease in the State shall immediately notify the Department of Agriculture of such fact.
L.1948, c. 436, p. 1686, s. 1.
4:5-75.2. Concealing or transporting diseased animals
The owner or manager of any animal or animals having, or suspected of having, or which have been exposed to, the disease called foot-and-mouth disease shall not conceal or move or transport such animals or any materials from the premises, or permit such animals or materials to be concealed or moved or transported, except that under certain conditions the Department of Agriculture may authorize the movement of animals or materials. Such owner or manager shall not permit any other animals to enter his premises until the department has examined all animals on the premises and declared them and the premises to be free of the disease, and he shall take every precaution to prevent the spread of the disease to other premises.
L.1948, c. 436, p. 1686, s. 2.
4:5-75.3. Rules and regulations
The Department of Agriculture is authorized to make and enforce rules and regulations for the arrest and eradication of foot-and-mouth disease, establish quarantines, and order the immediate slaughter of infected animals and animals which have been exposed to but are not affected with the disease.
L.1948, c. 436, p. 1686, s. 3.
4:5-75.4. Materials exposed to disease; disinfection or disposal
To prevent the spread of foot-and-mouth disease, materials contaminated by or exposed to the disease shall be cleaned and disinfected, if practicable. In all cases where the cost of disinfection would exceed the value of the materials, or if cleaning and disinfection would be impracticable for any reason, the materials contaminated by or exposed to the disease shall be destroyed.
L.1948, c. 436, p. 1687, s. 4.
4:5-75.5. Appraisal of animals to be slaughtered; indemnification of owner
Animals affected by or exposed to foot-and-month disease or any other exotic or foreign disease, shall be appraised in accordance with the provisions of R.S. 4:5-10, and the owner shall be indemnified in accordance with this Title and the rules and regulations of the board.
L.1948, c. 436, p. 1687, s. 5. Amended by L.1973, c. 47, s. 3, eff. March 2, 1973.
4:5-75.6. Appraisal of value of materials destroyed
The value of materials ordered destroyed by the department because of contamination by or exposure to the disease shall be determined by agreement between the owner or his agent and an authorized agent or representative of the department, such appraisement to be based on the market price and the condition of such materials. Such appraisal shall be official and shall be accepted by the owner and the department, and no further claim shall be made against the State by the owner.
L.1948, c. 436, p. 1687, s. 6.
4:5-75.7. Appraisement where agreement cannot be reached
In all cases where an immediate agreement cannot be reached as to the value of animals or materials, the appraisement of such animals or materials shall be made by an authorized agent or representative of the New Jersey Department of Agriculture and an authorized agent or representative of the United States Department of Agriculture, together with a third person who shall be a disinterested citizen appointed by the first two. The valuation shall be determined as provided in sections five and six of this act. Such appraisal shall be official and shall be accepted by the owner and the department, and no further claim shall be made against the State by the owner.
L.1948, c. 436, p. 1687, s. 7.
4:5-75.8. Reports of appraisals
(a) Appraisals of animals shall be reported on forms furnished by the department. Reports of appraisals shall show the number of animals and either the value per head or the weight and value per pound.
(b) Appraisals of materials shall be reported on forms furnished by the department and such appraisals shall, when practicable, show the number, size or quantity, unit price, and total value of each kind of material appraised.
(c) Reports of appraisals shall be made in quadruplicate and shall be signed by the persons making the appraisements.
L.1948, c. 436, p. 1688, s. 8.
4:5-75.9. Supervision of slaughtering and disinfection
The killing and the disposal of all animals slaughtered under this act, and the disinfection or destruction of materials as herein prescribed, shall be carried out under the supervision of an authorized agent or representative of the Department of Agriculture who shall promptly prepare and transmit to the department a certificate listing the animals or materials, and showing the disposition thereof.
L.1948, c. 436, p. 1688, s. 9.
4:5-75.10. Disposal of animals killed
Animals killed pursuant to this act shall be buried at least four feet beneath the surface of the ground, or shall be otherwise disposed of in accordance with instructions issued by the department, at the expense of the department or at the joint expense of the department and the United States Department of Agriculture.
L.1948, c. 436, p. 1688, s. 10.
4:5-75.11. Stockyards, cars and vessels, disinfection of; farms and privately owned premises
Stockyards, pens, cars, vessels, and other public premises and conveyances shall be cleaned and disinfected, whenever necessary for the arrest and eradication of foot-and-mouth disease, by the owners thereof at their own expense, under the supervision of an authorized agent or representative of the department. Farms and other privately owned premises and materials, unless satisfactorily cleaned and disinfected by the owners under the supervision of an authorized agent or representative of the department, shall be cleaned and disinfected by such agent or representative at the expense of the department, or at the joint expense of the department and the United States Department of Agriculture.
L.1948, c. 436, p. 1688, s. 11.
4:5-75.12. Indemnification of owner for slaughtered animals or destroyed materials
When an animal is killed or materials destroyed to prevent the spread of foot-and-mouth disease or any other exotic or foreign disease, the State shall pay to the owner an indemnity as provided in R.S. 4:5-10, subject to the rules and regulations promulgated by the board, which may provide for indemnity for materials that may need to be destroyed to control any such disease or prevent its spread.
L.1948, c. 436, p. 1689, s. 12. Amended by L.1973, c. 47, s. 4, eff. March 2, 1973.
4:5-75.13. Funds from which payments are to be made
The department is authorized to make payment for all necessary expenditures incurred in carrying out the provisions of this act from any funds appropriated therefore and from any funds appropriated for indemnities for condemned cattle.
L.1948, c. 436, p. 1689, s. 13.
4:5-75.14. Compliance by owner with laws and regulations as prerequisite to payment of claims by State
The department shall not pay any claims arising out of the slaughter of animals affected by or exposed to the disease or the destruction of materials contaminated by or exposed to the disease if it be determined that the owner has not complied with all the quarantine and other regulations of the department and the provisions of this act.
L.1948, c. 436, p. 1689, s. 14.
4:5-75.15. Penalty for violations
A person who shall violate or fail to comply with any of the provisions of this act or with an order or regulation of the Department of Agriculture, or its constituted agent, shall be liable to a penalty of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for each violation or failure to comply, to be sued for and recovered by and in the name of the Secretary of Agriculture in the manner provided in chapter twenty-three of Title 4 of the Revised Statutes.
L.1948, c. 436, p. 1689, s. 15.
4:5-93.21. Definitions
As used in this act:
~Brucellosis,~ commonly called Bang@s disease of live stock, is a disease that causes an economic loss in dairy herds and is a menace to public health.
~Board~ means the State Board of Agriculture.
~Department~ means the Department of Agriculture.
~Division~ means the Division of Animal Health.
~Live stock~ includes any domestic animal subject to brucella infection.
~Owner~ includes any person, firm, co-partnership, association or corporation owning or leasing any live stock.
~Official test~ includes all tests for brucellosis made by a veterinarian under the supervision of or authorization from the director of the division.
~Private test~ includes all tests for brucellosis other than official tests made at the owner@s expense.
~Positive~ applies to live stock giving a reaction sufficient to indicate the presence of brucellosis.
~Suspicious~ applied to live stock tested for brucellosis and giving a reaction not sufficient to justify the classification as positive.
~Vaccine~ means any type of brucella vaccine approved by the board to be administered by a veterinarian authorized by the division.
~Calfhood vaccination~ means the administration by an authorized veterinarian of brucella vaccine to calves between the ages of 4 and 8 months.
~Adult vaccination~ means the administration by an authorized veterinarian of brucella vaccine to animals over 8 months of age.
L.1946, c. 257, p. 893, s. 1. Amended by L.1950, c. 9, p. 30, s. 1; L.1967, c. 175, s. 6, eff. July 25, 1967.
4:5-93.22. Rules and regulations
The board shall make rules and regulations respecting the testing, vaccination or other methods of control and eradication of brucellosis of live stock, the prevention of the spread thereof to the live stock of this State, the retention or disposal by sale, segregation or slaughter of positive or suspicious live stock, the payment of indemnity, the disinfection of the premises, the introduction of live stock into the State of New Jersey and into supervised herds, and other regulations to aid in the proper enforcement of this act.
L.1946, c. 257, p. 894, s. 2.
4:5-93.23. Program and agreements for control and eradication of disease
The board shall establish a program for the control and eradication of brucellosis and may enter into agreements with owners of live stock within the State under plans and methods adopted by the board for the control and eradication of this disease.
L.1946, c. 257, p. 894, s. 3.
4:5-93.24. Expense of inspection and test
If the owner complies with the provisions of the agreement and rules and regulations made by the board under sections two and three of this act, the expense of any such test, vaccination or other treatment may be borne by the department, except that in certain instances the department may, with the owner@s approval, authorize test, vaccination or other treatment to be made without expense to the State.
L.1946, c. 257, p. 894, s. 4.
4:5-93.25. Certificate showing freedom from disease
Whenever official tests of any herd of live stock are made and such live stock is found to be free from brucellosis, a certificate setting forth such fact may be issued by the director of the division when authorized by the board; provided, all rules and regulations and provisions of any agreement, under the plan adopted by the board for the control and eradication of brucellosis in the herd, shall have been complied with.
L.1946, c. 257, p. 895, s. 5. Amended by L.1950, c. 9, p. 31, s. 2.
4:5-93.26. Failure of owner to comply with regulations or agreement
Whenever the director of the division is satisfied that any owner has failed to comply with any of the provisions of any agreement, rule or regulation made by the board under the provisions of this act, the owner shall be so notified in writing by the director of the division, and the board, after a hearing, if so desired, may, in its discretion, forfeit the owner@s rights or interest acquired, if any, under the provisions of this act. When such rights or interests are so forfeited, they shall not be restored except under regulations of the board as shall be provided for that purpose.
L.1946, c. 257, p. 895, s. 6. Amended by L.1950, c. 9, p. 31, s. 3.
4:5-93.27. Tests; standards
All tests, either official or private, shall be made according to the standards established and methods prescribed and by laboratories or individuals approved by the board. Tests shall be accepted only where the technic employed in conducting them has been approved by the director of the division who also may refuse to accept any test.
L.1946, c. 257, p. 895, s. 7. Amended by L.1950, c. 9, p. 32, s. 4.
4:5-93.28. Report of tests
A report of any test for brucellosis shall be made in writing to the director of the division within seven days immediately following the completion of the test, upon blank forms furnished by the department and signed by the person drawing the blood samples, and also by the director of the laboratory or the person making the test.
L.1946, c. 257, p. 895, s. 8. Amended by L.1950, c. 9, p. 32, s. 5.
4:5-93.29. Marking tested or treated stock
All live stock subjected to an official or private test for brucellosis and all animals vaccinated or otherwise treated under a program under the supervision of the department shall be marked as prescribed by the board.
Such markings shall not be construed as cruelty to animals within the meaning of any law of this State.
L.1946, c. 257, p. 895, s. 9.
4:5-93.30. Interference with test or treatment or mark
No person shall treat any live stock with a material or substance for the purpose of interfering with a test for brucellosis or causing or preventing a reaction to such test, or shall interfere in any way with a representative of the department who is making or assisting with a test for brucellosis or shall alter or change any mark of identification for the purpose of misrepresenting the true identity of any live stock or shall otherwise attempt to interfere with the identification of any live stock.
L.1946, c. 257, p. 896, s. 10.
4:5-93.32. Agreement as to value of condemned animal; appraisement; compensation
The veterinarian making an official test, or any authorized agent of the department, may make an agreement with the owner as to the valuation of the animal condemned, based on its market value for dairy, breeding or beef purposes as of the day of appraisement, or the owner of the animal condemned may agree that the value of the animal be determined by appraisement as provided in section 14 or section 15 of this act.
For each animal slaughtered as the result of an official test under a program prescribed by the board to prevent the spread of brucellosis, the owner shall receive the net proceeds of the sale of the animal and, in addition thereto, subject to the provisions of this act and the rules and regulations of the board governing compensation for condemned animals, may be paid indemnity based on the market value of the animal or animals to be slaughtered immediately prior to the time of the discovery of the infection, subject to the rules and regulations promulgated by the board.
L.1946, c. 257, p. 896, s. 12. Amended by L.1973, c. 47, s. 5, eff. March 2, 1973.
4:5-93.33. Report of sale; false statement; salvage; charges deductible
A report of the sale of any animal shall be made on blank forms furnished for that purpose by the department, signed by the purchaser or his agent, and in no case shall the owner receive compensation from the State if the statement shall be found to be willfully false. Delivery and slaughtering charges may be deducted, but any charges for holding the animal pending slaughter shall not be deductible in computing the amount, if any, to be paid by the State.
L.1946, c. 257, p. 897, s. 13.
4:5-93.34. Appraisement before test
Immediately before commencing any test, if it be deemed advisable by the department, an appraisement may be made by the owner and an authorized agent or representative of the department, of the market value of the animal as of the day of appraisement, and in case the animal so appraised gives a positive or suspicious reaction to such official test for brucellosis, the amount of the appraisement as agreed upon prior to the making of the test shall be official and shall bind the owner and the department.
L.1946, c. 257, p. 897, s. 14.
4:5-93.35. Appraisers; appointment; duties
In any case where no agreement shall be reached, there shall be appointed three competent and disinterested freeholders, one by the department, one by the owner, and the third by the first two, at the expense of the owner, who shall ascertain and decide upon the appraised value of each animal condemned, and shall sign a certificate of such value in the presence of a witness who shall attest the same, and such valuation shall in each case be made upon the market value of the animal for breeding, dairy or beef purposes as of the day of appraisement.
L.1946, c. 257, p. 898, s. 15.
4:5-93.36. Slaughter of reactors
When a written order has been issued by the director of the division for the removal to slaughter of live stock giving a positive or suspicious reaction to a test, under a plan of the division calling for payment of indemnities, it shall be slaughtered within fifteen days of time of appraisal under the direct supervision of a duly authorized agent or representative of the division at a time and place designated by the director of the division and the carcass shall be examined and judged as to fitness for food. No indemnities shall be paid unless the provisions of this section have been complied with.
L.1946, c. 257, p. 898, s. 16. Amended by L.1950, c. 9, p. 32, s. 6.
4:5-93.37. Imported animals; conditions; indemnity
No indemnity shall be paid on animals which have been imported into the State unless the following conditions shall have been met:
(a) the animal shall have been imported into the State in accordance with the rules and regulations of the board covering such importation,
(b) the animal shall have been added to the herd under a plan of the division calling for payment of indemnities in accordance with the rules and regulations of the board covering such herd additions, and
(c) the animal shall have been owned and maintained within the State for at least sixty days prior to the test showing a positive reaction.
Proof of ownership of any such animal shall be furnished by the owner to the department, upon its request.
L.1946, c. 257, p. 898, s. 17. Amended by L.1950, c. 9, p. 33, s. 7.
4:5-93.38. Appraisement certificate; payment of indemnity
Upon presentation of the appraisement certificate to the State Comptroller, with the approval of the department endorsed thereon, the owner shall be entitled to receive from the State treasury the sum fixed by this act.
L.1946, c. 257, p. 899, s. 18.
4:5-93.39. Insufficiency of funds; order of payment
Should funds be insufficient for the payment of indemnities for all reacting animals in any fiscal year the department or such board, bureau or other agency as may be charged with such duty shall pay indemnities in the order in which reports and vouchers are received in final approved form when funds again become available for this purpose.
L.1946, c. 257, p. 899, s. 19.
4:5-93.41. Co-operation with local and federal authorities
The department may co-operate with any township or county for the control and eradication of brucellosis within the State and with the Bureau of Animal Industry of the United States Department of Agriculture in any system which may be adopted by such bureau for the prevention of the spread and the control of brucellosis and its eradication in the State of New Jersey, or any part thereof, or in the United States and its territories.
L.1946, c. 257, p. 899, s. 21.
4:5-93.42. Penalty for violation
A person who shall violate any of the provisions of this act, except as set forth in section eleven, shall, for a first offense, be liable to a penalty of not less than one hundred nor more than two hundred dollars ($200.00), and shall for each subsequent offense, be liable to a penalty of two hundred dollars ($200.00) or to imprisonment for not more than one year, or both.
L.1946, c. 257, p. 900, s. 22.
4:5-93.43. Recovery of penalty; enforcement of imprisonment
Any penalty imposed for a violation of any provision of this act shall be sued for and recovered, and the imprisonment, if any, imposed, in any action brought by and in the name of the Secretary of Agriculture in the manner provided by article two of chapter twenty-three of Title 4 of the Revised Statutes (Secs. 4:23-11 et seq.).
L.1946, c. 257, p. 900, s. 23.
4:5-93.44. Appropriation
For the purpose of carrying out the provisions of this act, there is hereby appropriated to the department the sum of twenty-five thousand dollars ($25,000.00), when included in any annual appropriation act.
L.1946, c. 256, s. 24, eff. July; 1946.
4:5-93.45. Repeal
Sections 4:5-76 to 4:5-93, inclusive, of the Revised Statutes are repealed.
L.1946, c. 256, s. 25, eff July 1, 1946.
4:5-93.46. Repeal
The act entitled ~An act concerning the spread of Bang@s disease in live stock (which causes undulant fever in the human race), and amending sections 4:5-76, 4:5-77, 4:5-78, 4:5-79, 4:5-80, 4:5-81, 4:5-83, 4:5-84, 4:5-85, 4:5-87, 4:5-88, 4:5-91 and 4:5-92 of the Revised Statutes, repealing section 4:5-90, and supplementing article three, of chapter five, of Title 4 of the Revised Statutes, and making an appropriation for such purposes,~ approved December sixteenth, one thousand nine hundred and forty (P.L.1940, c. 231), is repealed.
L.1946, c. 256, s. 26, eff. July 1, 1946.
4:5-93.47. Effective date of act
This act shall take effect July first, one thousand nine hundred and forty-six.
L.1946, c. 257, p. 900, s. 27.
4:5-93.48. Brucellosis tests
On and after July 1, 1956, the Division of Animal Industry, Department of Agriculture, and its agents, may subject all cattle in this State to tests for brucellosis, which tests shall be conducted in accordance with rules and regulations established and promulgated by the Board of Agriculture, due consideration being given to the percentage of cattle tested, the desirability of maintaining the cattle population free from brucellosis, and other related factors.
L.1956, c. 104, p. 479, s. 1.
4:5-93.49. Quarantine and slaughter of infected animals; orders; reports
On and after July 1, 1957, any animal giving a positive reaction to an official or private test shall not again be presented for a brucellosis test, but shall be immediately segregated, quarantined and held at the owner@s expense until the division issues a written order to move the cattle, which removal shall be immediate and at the owner@s expense, to a designated slaughtering center. The animals shall be slaughtered at the time and place specified in the written order, under the supervision of an authorized veterinarian approved by the division, who shall judge the carcass as to fitness for food and file a report thereon with the division within 5 days thereafter.
L.1956, c. 104, p. 479, s. 2.
4:5-93.50. Purchase or sale without order prohibited
No person shall sell, offer for sale, give away or otherwise dispose of or purchase any animal that has been classified as a brucellosis reactor, either on official or private test, except on written order issued by the division.
L.1956, c. 104, p. 480, s. 3.
4:5-93.51. Repealer
Section 11 of the act to which this act is a supplement (P.L.1946, c. 257) is hereby repealed.
L.1956, c. 104, p. 480, s. 4.
|
