Whenever the commissioner, upon investigation or upon notification, has reason to believe that a domestic animal or captive wildlife is infected with a contagious or infectious disease the commissioner shall immediately cause it to be quarantined or isolated upon the premises of the owner or the person in whose possession it is found, or in such other place or enclosure as the commissioner may designate, and the removal of the animal from any premises where it may be ordered to be kept shall be forbidden.
Source. 1985, 72:1, eff. July 1, 1985. 1997, 43:1, eff. May 12, 1997.
The commissioner may quarantine the premises upon which there is a domestic animal or captive wildlife infected with any contagious or infectious disease, or that is suspected of being so infected, or that has been exposed to such disease, and may forbid the removal of any such animal or wildlife or any animals or wildlife susceptible to such disease by serving a written order upon the owner or person in possession of said premises or by posting a copy of such order at the premises' usual entrance. Such animal or wildlife or animals or wildlife shall be kept under quarantine for such periods of time as the commissioner may deem necessary to prevent the spread of the suspected disease to other animals off the quarantined premises. The commissioner may determine the length of quarantine based upon the recommendations of the United States Animal Health Association and the United States Department of Agriculture.
Source. 1985, 72:1, eff. July 1, 1985. 1997, 43:2, eff. May 12, 1997.
If any such disease becomes epidemic, the commissioner may issue a proclamation quarantining the locality and forbidding the removal from the locality of any animal so diseased or susceptible without his permission.
Source. 1985, 72:1, eff. July 1, 1985.
No person shall tear down, mutilate, deface or destroy any such notice or order issued by the commissioner when posted as provided herein, during the pendency of such notice or order.
Source. 1985, 72:1, eff. July 1, 1985.
I. Whoever violates a quarantine provision or rule shall be guilty of a misdemeanor.
II. In addition, whoever violates a quarantine provision or rule relating to
a quarantine may be subject to an administrative fine levied by the commissioner,
not to exceed $1,000 for each violation.
Source. 1985, 72:1. 1989, 13:2, eff. April 4, 1989.
Whenever animals have been quarantined as herein provided, the commissioner, within a reasonable time, shall cause a physical examination of such animals to be made. If, on such physical examination, he deems it necessary, he may apply the tuberculin or any other approved test. He shall not, when he suspects bovine tuberculosis, take any action based upon such physical examination except in advanced cases unless the tuberculin or other approved test is applied and such test confirms the result of the physical examination. If any animal is found to have bovine tuberculosis, he may cause a test to be made of the entire herd in which such animal was found or of any animal which may have been exposed to said disease. If the disease suspected is one which science has demonstrated can be controlled in susceptible animals by the proper vaccination of said animals, the commissioner or his agent may order any and all susceptible animals vaccinated or treated as he may deem advisable.
Source. 1985, 72:1, eff. July 1, 1985.
If the veterinarian authorized by the commissioner to examine or test an animal for the presence of an infectious or contagious disease certifies to the commissioner in writing that he has made an examination or test in accordance with the rules adopted by the commissioner, that in his judgment such animal is infected with a specific infectious or contagious disease, or that its destruction is necessary in order to prevent or suppress, or to aid in preventing or suppressing such disease such animal shall, except in cases herein otherwise provided, forthwith be slaughtered by and at the expense of the owner or the person in possession thereof, and the carcass shall be dealt with as provided for the disposal of carcasses of imported animals after slaughter.
Source. 1985, 72:1, eff. July 1, 1985.
The cost of examination or test in such cases and the expenses of the commissioner or his agents shall be borne by the state.
Source. 1985, 72:1, eff. July 1, 1985.
The owner of cattle, horses, asses, mules, sheep or swine may apply to the commissioner for an examination of his animals for tuberculosis, brucellosis or glanders, subject to the provisions of this subdivision.
Source. 1985, 72:1, eff. July 1, 1985.
The application shall be upon a blank form provided by the commissioner, and shall include an agreement on the part of the owner of such animals to improve faulty sanitary conditions, to disinfect his premises if diseased animals should be found, to follow directions of the commissioner designed to prevent reinfection of his herd or other animals, and to suppress the disease and prevent its spread.
Source. 1985, 72:1, eff. July 1, 1985.
As soon as possible after receipt of an application, the commissioner or some competent veterinarian in his employ shall make a thorough physical examination of such animals, and may subject them to the tuberculin, mallein or other approved test, and if any of the animals react to the test so made, or upon physical examination are found to be infected with a contagious or infectious disease, they shall be condemned and slaughtered after appraisal, or held in strict quarantine as provided for by this chapter in the case of registered purebred tuberculous bovines. After slaughter, the carcasses shall be disposed of as provided under RSA 436:17.
Source. 1985, 72:1, eff. July 1, 1985.
The cost of examination or test shall be borne by the state; but if the owner, after signing the above agreement, shall knowingly fail to carry out its terms, he shall forfeit any indemnity to which he would otherwise be entitled for any animals found to be infected.
Source. 1985, 72:1, eff. July 1, 1985.
The commissioner shall make such tests for tuberculosis and brucellosis from time to time as he sees fit at the expense of the state. If any suspects shall show as the result of such tests he shall quarantine said animals or the herd premises or both; further, should any reactors to such tests be found, the entire premises shall be quarantined until reactors are legally removed, properly disinfected and a sufficient number of negative tests of remaining animals on said premises are determined by the commissioner to be sufficient proof that there is no longer any evidence of the disease present on the premises.
Source. 1985, 72:1, eff. July 1, 1985.
Upon application of any owner of bovine animals, the state shall vaccinate said bovine animals against brucellosis (Bang's disease) with strain 19 or other approved vaccine. The age at which animals are to be vaccinated shall be determined by the state veterinarian, based upon the recommendations of the United States Animal Health Association and the United States Department of Agriculture. The cost of said vaccination, including the cost of the vaccine, shall be borne by the state. The vaccination shall be done by a licensed accredited graduate veterinarian under the direction of the commissioner, and all animals vaccinated shall be properly and permanently identified.
Source. 1985, 72:1. 1994, 68:1, eff. July 5, 1994.
The commissioner of agriculture, markets, and food may grant permission to adult-vaccinate under this alternate plan a herd seriously infected with brucellosis. If an owner is refused permission to adult-vaccinate his herd, he may appeal to the county approval board. A request to adult-vaccinate shall be made in writing to the commissioner of agriculture, markets, and food. The county approval board shall consist of 3 members in each county, 2 to be appointed by the commissioner of agriculture, markets, and food and these 2 to appoint a third member; all members to serve without pay or expenses at the pleasure of the commissioner and until their successor or successors shall be appointed. Whenever a person receives permission to adult-vaccinate under this section, it shall be granted under rules and regulations approved by the federal Bureau of Animal Industry and by the state department of agriculture, markets, and food. All calves raised in such herds shall be vaccinated according to such rules as are adopted for calfhood vaccination. All bovine animals in the herd shall be tested for brucellosis and reactors tagged, branded, appraised and slaughtered as provided for under this chapter before any animals shall be vaccinated. All nonreacting animals shall be permanently identified by ear tag number and tattoo mark. No animal shall be sold out of an adult-vaccinated herd for any purpose except by written permission from the New Hampshire department of agriculture, markets, and food, division of animal industry. No indemnity shall be paid on any animal vaccinated at an age older than 8 months. Any owner maintaining a herd under the terms of this chapter agrees to forfeit any and all indemnity on animals condemned and slaughtered after adult vaccination has once been started in a herd, and until such time as the herd passes at least one clean test for brucellosis and adult vaccination has been discontinued. An owner of an adult-vaccinated herd shall discontinue all vaccination with strain 19 in his adult animals on or before 3 years from the date of the receipt of application for adult vaccination by the commissioner, but said herd owner may reapply for adult vaccination under this plan at any time thereafter. The commissioner of agriculture, markets, and food may order the discontinuance of adult vaccination in any herd when, in his opinion, it is evident that said adult-vaccinated animals become a menace to other healthy herds. Such adult-vaccinated herds shall be under strict quarantine at all times and shall be subject to test at such times as the commissioner may direct.
Source. 1985, 72:1. 1995, 130:4, 5, eff. July 23, 1995.
Notwithstanding any provisions of law to the contrary, milk from such reactors, may be sold to consumers, but only after being pasteurized.
Source. 1985, 72:1, eff. July 1, 1985.
All private tuberculin or other approved tests shall be reported to the commissioner by the person making the test within 5 days from the time said test is completed.
Source. 1985, 72:1, eff. July 1, 1985.
The report shall include, when the test is made by the subcutaneous method, a complete temperature record and such other information as the commissioner may require, and, when said test is made by either the intradermal or ophthalmic methods, a complete record of such reaction or reactions as appeared, and such other information as the commissioner may require.
Source. 1985, 72:1, eff. July 1, 1985.
If such tests are made by a veterinarian approved by the commissioner to make the same and any reactors are found, they shall be subject to the provisions of RSA 436:42-49.
Source. 1985, 72:1, eff. July 1, 1985.
Whoever fails to report such tests shall be fined not more than $100.
Source. 1985, 72:1, eff. July 1, 1985.
The carcass of every animal duly condemned for bovine tuberculosis and slaughtered under the provisions of this chapter shall be examined by a veterinarian or physician designated by the commissioner for the purpose of determining whether or not disease existed in such animal. Such postmortem examination shall be under rules adopted by the commissioner, and the report thereof shall show conditions found upon such examination duly verified by the person making such examination. Such report shall be filed with the commissioner, and a copy shall be sent or delivered to the owner or person in possession of the animal so examined.
Source. 1985, 72:1, eff. July 1, 1985.
The value of all animals directed to be killed by order of the commissioner or his agent shall be first appraised by the owner and the commissioner or his agent. In the event of a disagreement as to the amount of the appraisal, they shall select a third disinterested person to act with them, the expenses of said third appraiser being paid by said owner. The value so determined shall be final.
Source. 1985, 72:1, eff. July 1, 1985.
In making such appraisals, the fact that the animals have been condemned for disease shall not be considered, and the animals shall be appraised for their true market value.
Source. 1985, 72:1, eff. July 1, 1985.
In no case shall compensation be allowed for any animals destroyed which may have contracted or been exposed to such disease in a foreign country, or on the high seas, or which have been brought or shipped into this state within 3 months previous to showing evidence of such disease, except animals that have been imported directly from tuberculosis or brucellosis free herds, and are accompanied by properly approved healthy charts certifying that fact; and the owner or person in possession thereof shall furnish satisfactory evidence as to the time during which such animals have been owned in the state.
Source. 1985, 72:1, eff. July 1, 1985.
No compensation shall be allowed to any owner who in person or by his agent knowingly and willfully conceals the existence of such disease or the fact of exposure to it in animals of which the person making such concealment, by himself or his agent, is in whole or part owner, nor shall compensation be allowed for bovine animals condemned by the tuberculin or brucellosis test unless said test is authorized by the commissioner or his agent.
Source. 1985, 72:1, eff. July 1, 1985.
In case the animal condemned is registered, the owner shall furnish to the commissioner a certificate of registration before the claim is paid.
Source. 1985, 72:1, eff. July 1, 1985.
The state shall pay the owner after he has filed such certificate or certificates as the commissioner may direct an amount not to exceed $100 for a grade animal and $200 for a purebred registered animal on all horses and bovine animals condemned and killed, provided that the amount received from salvage from the federal government and the state shall not exceed the appraised value thereof.
Source. 1985, 72:1, eff. July 1, 1985.
If the total amount to be paid from all such sources should exceed the appraisal value, the indemnity to be paid by the state shall be only the difference between the amount received from such sources other than the state and said value.
Source. 1985, 72:1, eff. July 1, 1985.
