USA Statutes : arizona
Title : Agriculture
Chapter : LIVESTOCK INJURY AND DISEASES
3-1701 Report of killed or crippled livestock; inspection and removal; violation; classification; definition
A. Every railroad in this state, upon discovery of livestock killed or crippled
upon a section of the railroad, shall immediately make a report thereof to a livestock
officer or to any other person designated by the department for the purpose of receiving
the report.
B. The report required by subsection A shall designate the place where the crippled
or killed livestock is located. The department or a person designated by it shall
promptly inspect the stock, notify the owner and make a report of the inspection
including therein the age, color, sex, approximate weight, marks and brands of the
stock. One copy of the report shall be transmitted by a livestock officer or inspector
to the division, one to the owner of the stock and one to the railroad. The copy of the
report transmitted to the railroad shall be posted by it on Monday of each week at the
section house or station house nearest the scene of the accident and shall be kept posted
for thirty days.
C. Dead livestock shall not be destroyed by the railroad until the inspection
required by this section is made, but if the inspection is not made within twenty-four
hours after transmittal of the report by the railroad, the railroad may bury the dead
stock and shall thereupon promptly notify the division or the person designated by it of
the place of burial so that inspection may be made.
D. A railroad which fails to make and post any report required by this section is
guilty of a petty offense.
E. The term "railroad" as used in this article includes any person, firm or
corporation operating a railroad.

3-1702 Stock crossings required in fences enclosing rights of way; violation; classification
A. A railroad fencing its right of way shall leave an opening at least once every
three miles in an accessible place for stock to pass through. The opening shall be at
least sixty feet wide, with cattleguards at each end, and fences shall be run to the
guards. Cattleguards and wing fences shall be placed on either side of the openings,
sufficient to prevent cattle entering upon the right of way enclosed. Places where the
railroad runs over trestles or bridges sufficiently high for cattle to go under shall be
left unfenced.
B. A railroad violating any provision of this section is guilty of a class 2
misdemeanor.

3-1703 Liability for injury to livestock on unfenced railroad; contributory negligence
A. When livestock is injured or killed by a locomotive or cars on the line of a
railroad unfenced by good and sufficient fence or other barrier sufficient to turn
livestock, the railroad is liable in damage to the owner of the livestock unless it is
shown that the owner or his agent or servant immediately contributed to the killing or
injury of the livestock.
B. Livestock straying, or grazing unattended by a herder, upon unfenced parts of
the railroad is not contributory negligence of the owner.

3-1704 Liability of railroad for negligent injury of certain animals; injury or death as prima facie evidence of negligence; liability of owner for intentional damage
A. A railroad which negligently injures or kills a horse, jack, jenny, mule, cow or
other domestic animal, by running a locomotive or cars against the animal is liable to
the owner of the animal for the damages sustained by the owner by reason thereof. The
killing or injury of the animal is prima facie evidence of negligence on the part of the
railroad.
B. If the owner or person in charge of the animals listed in subsection A drives
them upon the railroad track or tracks with intent to thereby injure the animal or
animals, the owner is liable for all damage occasioned thereby.

3-1721 Petition of seizure; notice of seizure; lien for expenses; forced sale; disposition of proceeds; nonliability of state; neglect or cruel treatment of equine; civil penalty; legal representation
A. Any person or peace officer who believes that an equine is in poor physical
condition because of neglect or cruel treatment may petition upon affidavit a justice of
the peace of the precinct or a city magistrate of the city in which the equine is found
for an order authorizing the department to take possession of and provide care for the
equine for a fifteen-day period. The order shall not be issued unless the affidavit
provides that the livestock custody fund established by section 3-1377 has a balance that
permits the department to provide such care or that the department can demonstrate that
the expenses have been contracted for pursuant to subsection E of this section. The
clerk of the court or justice of the peace, as the case may be, after filing and
docketing the petition, shall enter a brief statement of the petition on the docket and
set a time for a hearing that is not less than five and not more than fifteen days after
the petition is filed. The order shall state the time and place of the hearing.
B. On receiving the order the department shall take possession of the equine. The
department shall serve the order on the owner of the equine, if known, at least
twenty-four hours before the hearing, either by personal service on the owner or by
leaving a copy of the order with a person of suitable discretion at the owner's residence
or place of business. If the owner is not known, the department shall give notice by
posting a copy of the order on the day of the seizure in a conspicuous place at the
location where the equine was seized and in at least two public places in the county
where the equine was seized. The order shall be served by a livestock officer, constable
or sheriff of the county.
C. If, at the hearing, it is determined that the equine at the time of taking
possession was not in poor physical condition because of neglect or cruel treatment, the
owner may immediately reclaim the equine and shall not be liable for payment of any
expense incurred in the handling, feeding and care of the equine. Unless malice is
proved, no action taken by an employee of the department or by a peace officer pursuant
to this article shall be subject to civil or criminal liability.
D. Upon failure of the owner to be awarded immediate, expense-free possession of
the equine pursuant to subsection C of this section, the department shall either sell the
equine at public auction or, if the equine's condition makes its sale impractical,
dispose of the equine in the most humane manner possible. The department shall deposit,
pursuant to sections 35-146 and 35-147, the proceeds of the sale in the livestock custody
fund established by section 3-1377 for distribution in the following priority:
1. The department shall be reimbursed for auction, handling, feeding and caring
expenses.
2. Any monies derived from the sale in excess of the expenses to be paid pursuant
to paragraph 1 shall be paid to the owner of the equine. After thirty days if the owner
has not claimed the money, this money shall revert to the livestock custody fund
established by section 3-1377.
E. The director may contract with any person or group to handle, feed and care for
any equine taken into custody pursuant to this section. The state shall not be liable
for injury or death of any person or equine or damage to property caused by the
performance of the contract.
F. Notwithstanding any provision of this article to the contrary, the county
attorney of the county in which the equine was seized may, at any time prior to the
expiration of fifteen days after the seizure of the equine, take charge of and keep the
equine at the expense of the county when the county attorney considers it to be of
evidentiary value in any criminal prosecution relating to the condition of the equine.
G. In addition to violating section 13-2910, a person who subjects an equine to
neglect or cruel treatment is subject to a civil penalty of not more than seven hundred
fifty dollars for each violation. All civil penalties assessed pursuant to this
subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state
general fund.
H. The county attorney of the county, or the city attorney of the city, in which
the livestock is seized may represent the livestock officer and the interests of this
state in proceedings under this section.
I. Upon receipt the department shall deposit, pursuant to sections 35-146 and
35-147, all monies, except civil penalties, collected pursuant to this section or
received as a money donation from any public or private group, society, association or
individual in the livestock custody fund established by section 3-1377. The monies in
the fund shall be used to reimburse the department for expenses incurred in the handling,
feeding, care and auctioning of equines seized pursuant to this section. 3-1741 Federal cooperation and agreements
A. The director may, for the purpose of eradicating tuberculosis of cattle in the
state, cooperate with the animal and plant health inspection service of the United States
department of agriculture. The director may, on behalf of the state, accept cooperative
agreements promulgated by the ARIZONA department of agriculture under authority of the
acts of congress to effect the eradication of tuberculosis in cattle.
B. The associate director may, as necessary to effectuate the terms of cooperative
agreements, appoint veterinary inspectors to act with and under direction of the state
veterinarian.

3-1742 Entry upon premises to inspect animals; condemnation of diseased animals
A. The state veterinarian and inspectors may enter any place where an animal may be
and take custody of the animal to examine it for contagious disease, including
tuberculosis. Custody may be retained for the purpose of applying the tuberculin test to
the animal.
B. If the animal reacts to the test, the inspecting officer may immediately condemn
the animal and order it destroyed.

3-1771 Definitions
In this article, unless the context otherwise requires:
1. "Associate director" means the associate director of the division.
2. "Calfhood vaccination" means an official vaccination given to a female dairy or
beef type animal at the age prescribed by the director.
3. "Dairy herd" means one or more dairy animals.
4. "Division" means the animal services division of the ARIZONA department of
agriculture.
5. "Official vaccination" means a calfhood vaccination that is registered with the
division, with a vaccine approved by the director on the state veterinarian's
recommendation, and properly identified as such, given to a dairy type or beef animal at
the age prescribed by the director and administered by a licensed veterinarian.
6. "Person" includes an individual, firm, corporation, company or association.
7. "Reactor" means an animal afflicted with brucellosis as determined by a test
approved by the director, except an officially calfhood vaccinated animal under the age
prescribed by the director on the state veterinarian's recommendation.
8. "Ultimate consumer" means the person drinking or consuming milk or milk
products.

3-1772 Raw milk; registering and testing herd of producer
A. A person producing raw milk or raw milk products for sale to the ultimate
consumer for human consumption shall register with the division the location and number
of dairy cattle or goats supplying raw milk or milk products.
B. Cows or goats producing raw milk as prescribed in subsection A of this section
shall be tested for tuberculosis at least annually, and the milk from such cows or goats
shall be tested for brucellosis by the ring test method at least once each month, and all
adult animals shall be blood tested for brucellosis annually. Cows or goats which do not
test negative for tuberculosis or brucellosis as provided in this section shall be dealt
with by the division as provided in sections 3-1205, 3-1742 and 3-1773.
C. The testing provided for in subsection B of this section shall be at the expense
of the owner of the cows or goats.

3-1773 Brucellosis test and vaccinations
A. Female dairy and beef calves may be officially vaccinated at the age prescribed
and as directed by the director.
B. All dairy herds of cattle and goats shall be tested for brucellosis at intervals
as prescribed by the director.
C. The testing as provided for in subsection B shall be made at the expense of the
owner of the stock to the extent of the ordinary labor involved in the testing of the
cattle. The remainder of expense for veterinary and laboratory services performed by
state or federal agencies shall be the obligation of the state or federal government as
funds are made available.

3-1774 Disposition of reactors
A reactor shall be identified by having a "B" brand at least two inches square on
the left jaw and by official reactor tag in the left ear and may be disposed of as
follows:
1. Sold for slaughter at an establishment having municipal, state or federal meat
inspection.
2. Shall be sold for interstate movement under existing rules and regulations of
the U.S. department of agriculture.

3-1775 Enforcement
The director shall enforce the provisions and rules of this article.

3-1776 Violations; classification
A person who commits any of the following acts is guilty of a class 2 misdemeanor
and punishable as provided by law:
1. Offers for sale, trade or other disposition a known brucellosis reactor except
as provided in this article.
2. Removes or causes to be removed a reactor brand or tag.
3. Violates any provision of this article.