3-1203

3-1203. General powers and duties; civil
penalties

A. The director or the director's authorized representative shall exercise general
supervision over the livestock interests of the state, protect the livestock industry
from theft and the livestock and poultry industries from contagious and infectious
diseases and protect the public from diseased and unwholesome meat products.

B. The director, with the advice of the state veterinarian, may make rules to
control and govern:

1. Importation of animals and poultry into the state, establishment of quarantine
and its boundaries, notice of quarantine and accomplishment of all things necessary to
effect the object of the quarantine and to protect the livestock and poultry industries
from and prevent the spread of contagious or infectious diseases.

2. Slaughter of animals and poultry affected by contagious or infectious diseases
and disposition of carcasses of animals and poultry so slaughtered, when the action
appears necessary to prevent the spread of contagion or infection among livestock and
poultry.

3. Importation, manufacture, sale, distribution or use within the state of serums,
vaccines and other biologics intended for diagnostic or therapeutic treatment of animals
and poultry, and the importation, manufacture or use of virulent blood or living virus of
diseases affecting animals and poultry.

C. The director may:

1. Enter into agreements with neighboring states, including agreements regarding
the use of livestock officers or livestock inspectors or other agency resources for the
purpose of enforcement of livestock laws within this state or within border areas of
neighboring states.

2. Waive inspections, service charges or inspection fees under this chapter in
cases the director deems advisable.

3. Direct employees or peace officers to execute the director's orders under this
chapter.

D. The director may adopt by rule a mandatory self-inspection program for moving
livestock from one location to another, and may provide for the private treaty sale of
self-inspected livestock. The associate director shall monitor compliance with the
requirements of the self-inspection program and shall periodically examine
self-inspection records, including livestock inventory records that verify the origin,
shipment or sale of livestock. For just cause the director may suspend or modify the
self-inspection authorization of feedlots, dairies and producers. A person who knowingly
violates the requirements of the self-inspection program shall be placed on
administrative probation by the director for a period of one year. If a subsequent
violation occurs during the period of probation, the person shall be brought before an
administrative law judge and is subject to a civil penalty of two hundred dollars per
violation, and the self-inspection authorization shall be revoked for a period of three
years. The director may review any order of the administrative law judge and shall review
each order involving subsequent violations during a period of probation pursuant to title
41, chapter 6, article 10. The period of a sanction imposed under this subsection begins
on the date of determination of the violation at a hearing. Civil penalties imposed
under this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the
state general fund.

E. The director may establish a central investigation group to investigate reports
of crimes related to livestock and other violations of this title and rules adopted
pursuant to this title. Livestock officers and other employees of the department shall
report all cases of apparent crimes related to livestock to the associate director. The
investigation group shall cooperate and coordinate its activities with appropriate
federal, state and local law enforcement agencies in apprehending and prosecuting
violators of livestock laws.