State Codes and Statutes

Statutes > Vermont > Title-06 > Chapter-102 > 1159

§ 1159. Disposal of diseased animals

(a) The secretary may condemn and order destroyed any animal that is infected with or has been exposed to a contagious disease. An order to destroy an animal shall be based on a determination that the destruction of the animal is necessary to prevent or control the spread of the disease. The secretary shall order any condemned animal to be destroyed and disposed of in accordance with approved methods as specified by rule. The secretary's order may extend to some or all of the animals on the affected premises.

(b) The secretary may order that any real property, building, vehicle, piece of equipment, container or other article associated with a diseased animal be disinfected and sanitized. Any cost of disinfection incurred by the secretary shall be deducted from any compensation paid to an animal owner under this section.

(c) The secretary may compensate the owner of any cattle destroyed pursuant to this chapter because of exposure to or infection with brucellosis or tuberculosis. Payment shall not exceed two-thirds of the difference between the salvage value and the appraised value of the animal, and in no event exceed $250.00 for each purebred or $200.00 for each grade animal.

(d) The secretary may compensate the owner of any swine destroyed pursuant to this chapter because of exposure to or infection with brucellosis or tuberculosis. Payment shall not exceed two-thirds of the difference between the salvage value and the appraised value of the animal, and in no event exceed $40.00 for each purebred or $20.00 for each grade swine.

(e) The secretary may compensate the owner of deer destroyed pursuant to this chapter because of exposure to or infection with brucellosis, tuberculosis, or transmissible spongiform encephalopathies. Payment shall not exceed two-thirds of the difference between the salvage value and the appraised value of the animal, and in no event shall exceed $250.00 per animal.

(f) Compensation under this section shall only be paid where:

(1) the owner of an animal destroyed for brucellosis is in compliance with the recommended uniform methods and rules of the state and federal cooperative brucellosis program;

(2) the agency has determined the origin of all animals on the premises containing the condemned animal;

(3) all other state livestock laws have been complied with by the owner or person in possession of the animal;

(4) there are sufficient state funds appropriated for this purpose; and

(5) in the case of a person who has made a claim for compensation under this section within the previous two years, the secretary determines that adequate measures were taken to prevent the reintroduction of contagious diseases into that person's herd.

(g) Payments made pursuant to this section shall be in addition to any compensation paid to the owner by the federal government. The secretary may make additional payments for destroyed animals where federal regulations do not provide for compensation. Additional payments shall not exceed $100.00 for each purebred animal and $50.00 for each grade animal.

(h) It shall be unlawful to violate the terms of an order issued pursuant to subsection (a) or (b) of this section. Any person who knowingly violates an order issued pursuant to subsection (a) or (b) of this section shall be subject to a fine of not more than $5,000.00, imprisonment for not more than six months, or both. Any person who knowingly violates an order issued pursuant to subsection (a) or (b) of this section and causes the spread of a contagious disease shall be subject to a fine of not more than $15,000.00, imprisonment of not more than two years, or both.

(i) A destruction order shall take effect immediately on notice to the owner or the person in possession of the animal or animals, if the owner or person in possession is known. The notice shall be given by certified mail or in person. Within 15 days of receiving the notice, the owner or person in possession may request a hearing to be held by the secretary. The hearing shall be held within 60 days from the date of the request unless the secretary has determined that a longer period is necessary because of the extent of the outbreak of disease in which case the hearing shall be held as soon as practicable. A request for a hearing shall not stay the destruction order. (Added 1987, No. 276 (Adj. Sess.), § 1; amended 1991, No. 153 (Adj. Sess.), § 14, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 12, § 4, eff. May 2, 2005.)

State Codes and Statutes

Statutes > Vermont > Title-06 > Chapter-102 > 1159

§ 1159. Disposal of diseased animals

(a) The secretary may condemn and order destroyed any animal that is infected with or has been exposed to a contagious disease. An order to destroy an animal shall be based on a determination that the destruction of the animal is necessary to prevent or control the spread of the disease. The secretary shall order any condemned animal to be destroyed and disposed of in accordance with approved methods as specified by rule. The secretary's order may extend to some or all of the animals on the affected premises.

(b) The secretary may order that any real property, building, vehicle, piece of equipment, container or other article associated with a diseased animal be disinfected and sanitized. Any cost of disinfection incurred by the secretary shall be deducted from any compensation paid to an animal owner under this section.

(c) The secretary may compensate the owner of any cattle destroyed pursuant to this chapter because of exposure to or infection with brucellosis or tuberculosis. Payment shall not exceed two-thirds of the difference between the salvage value and the appraised value of the animal, and in no event exceed $250.00 for each purebred or $200.00 for each grade animal.

(d) The secretary may compensate the owner of any swine destroyed pursuant to this chapter because of exposure to or infection with brucellosis or tuberculosis. Payment shall not exceed two-thirds of the difference between the salvage value and the appraised value of the animal, and in no event exceed $40.00 for each purebred or $20.00 for each grade swine.

(e) The secretary may compensate the owner of deer destroyed pursuant to this chapter because of exposure to or infection with brucellosis, tuberculosis, or transmissible spongiform encephalopathies. Payment shall not exceed two-thirds of the difference between the salvage value and the appraised value of the animal, and in no event shall exceed $250.00 per animal.

(f) Compensation under this section shall only be paid where:

(1) the owner of an animal destroyed for brucellosis is in compliance with the recommended uniform methods and rules of the state and federal cooperative brucellosis program;

(2) the agency has determined the origin of all animals on the premises containing the condemned animal;

(3) all other state livestock laws have been complied with by the owner or person in possession of the animal;

(4) there are sufficient state funds appropriated for this purpose; and

(5) in the case of a person who has made a claim for compensation under this section within the previous two years, the secretary determines that adequate measures were taken to prevent the reintroduction of contagious diseases into that person's herd.

(g) Payments made pursuant to this section shall be in addition to any compensation paid to the owner by the federal government. The secretary may make additional payments for destroyed animals where federal regulations do not provide for compensation. Additional payments shall not exceed $100.00 for each purebred animal and $50.00 for each grade animal.

(h) It shall be unlawful to violate the terms of an order issued pursuant to subsection (a) or (b) of this section. Any person who knowingly violates an order issued pursuant to subsection (a) or (b) of this section shall be subject to a fine of not more than $5,000.00, imprisonment for not more than six months, or both. Any person who knowingly violates an order issued pursuant to subsection (a) or (b) of this section and causes the spread of a contagious disease shall be subject to a fine of not more than $15,000.00, imprisonment of not more than two years, or both.

(i) A destruction order shall take effect immediately on notice to the owner or the person in possession of the animal or animals, if the owner or person in possession is known. The notice shall be given by certified mail or in person. Within 15 days of receiving the notice, the owner or person in possession may request a hearing to be held by the secretary. The hearing shall be held within 60 days from the date of the request unless the secretary has determined that a longer period is necessary because of the extent of the outbreak of disease in which case the hearing shall be held as soon as practicable. A request for a hearing shall not stay the destruction order. (Added 1987, No. 276 (Adj. Sess.), § 1; amended 1991, No. 153 (Adj. Sess.), § 14, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 12, § 4, eff. May 2, 2005.)


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State Codes and Statutes

Statutes > Vermont > Title-06 > Chapter-102 > 1159

§ 1159. Disposal of diseased animals

(a) The secretary may condemn and order destroyed any animal that is infected with or has been exposed to a contagious disease. An order to destroy an animal shall be based on a determination that the destruction of the animal is necessary to prevent or control the spread of the disease. The secretary shall order any condemned animal to be destroyed and disposed of in accordance with approved methods as specified by rule. The secretary's order may extend to some or all of the animals on the affected premises.

(b) The secretary may order that any real property, building, vehicle, piece of equipment, container or other article associated with a diseased animal be disinfected and sanitized. Any cost of disinfection incurred by the secretary shall be deducted from any compensation paid to an animal owner under this section.

(c) The secretary may compensate the owner of any cattle destroyed pursuant to this chapter because of exposure to or infection with brucellosis or tuberculosis. Payment shall not exceed two-thirds of the difference between the salvage value and the appraised value of the animal, and in no event exceed $250.00 for each purebred or $200.00 for each grade animal.

(d) The secretary may compensate the owner of any swine destroyed pursuant to this chapter because of exposure to or infection with brucellosis or tuberculosis. Payment shall not exceed two-thirds of the difference between the salvage value and the appraised value of the animal, and in no event exceed $40.00 for each purebred or $20.00 for each grade swine.

(e) The secretary may compensate the owner of deer destroyed pursuant to this chapter because of exposure to or infection with brucellosis, tuberculosis, or transmissible spongiform encephalopathies. Payment shall not exceed two-thirds of the difference between the salvage value and the appraised value of the animal, and in no event shall exceed $250.00 per animal.

(f) Compensation under this section shall only be paid where:

(1) the owner of an animal destroyed for brucellosis is in compliance with the recommended uniform methods and rules of the state and federal cooperative brucellosis program;

(2) the agency has determined the origin of all animals on the premises containing the condemned animal;

(3) all other state livestock laws have been complied with by the owner or person in possession of the animal;

(4) there are sufficient state funds appropriated for this purpose; and

(5) in the case of a person who has made a claim for compensation under this section within the previous two years, the secretary determines that adequate measures were taken to prevent the reintroduction of contagious diseases into that person's herd.

(g) Payments made pursuant to this section shall be in addition to any compensation paid to the owner by the federal government. The secretary may make additional payments for destroyed animals where federal regulations do not provide for compensation. Additional payments shall not exceed $100.00 for each purebred animal and $50.00 for each grade animal.

(h) It shall be unlawful to violate the terms of an order issued pursuant to subsection (a) or (b) of this section. Any person who knowingly violates an order issued pursuant to subsection (a) or (b) of this section shall be subject to a fine of not more than $5,000.00, imprisonment for not more than six months, or both. Any person who knowingly violates an order issued pursuant to subsection (a) or (b) of this section and causes the spread of a contagious disease shall be subject to a fine of not more than $15,000.00, imprisonment of not more than two years, or both.

(i) A destruction order shall take effect immediately on notice to the owner or the person in possession of the animal or animals, if the owner or person in possession is known. The notice shall be given by certified mail or in person. Within 15 days of receiving the notice, the owner or person in possession may request a hearing to be held by the secretary. The hearing shall be held within 60 days from the date of the request unless the secretary has determined that a longer period is necessary because of the extent of the outbreak of disease in which case the hearing shall be held as soon as practicable. A request for a hearing shall not stay the destruction order. (Added 1987, No. 276 (Adj. Sess.), § 1; amended 1991, No. 153 (Adj. Sess.), § 14, eff. May 5, 1992; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 12, § 4, eff. May 2, 2005.)


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