Chapter 73

§ 7301 Importation of cattle. (a) The importation of dairy cows and other cattle for breeding purposes into the State is prohibited, excepting when such cattle are accompanied by a certificate from an inspector, whose competency and reliability are certified to by the authorities charged with the control of the diseases of domestic animals in the state from whence the cattle came, certifying that they have been examined and subjected to the tuberculin test, and are free from disease, and whose certificate shall be acceptable to the Department of Agriculture. (b) In lieu of the inspection certificate required by this section, cattle as above specified from points outside the State may, under such restrictions as are provided by the Department, be shipped in quarantine to their destination in the State, there to remain in quarantine, until properly examined at the expense of the owner by a veterinarian to be designated by the Department. 25 Del. Laws, c. 122, §§  1, 2 ; Code 1915, §  691; Code 1935, §  613; 3 Del. C. 1953, §  7301; 57 Del. Laws, c. 764, §  25 ; § 7302 Enforcement of importation requirements; rules and regulations. The Department of Agriculture shall enforce § 7301 of this title, and may make such rules and regulations as are necessary and proper for enforcement. 25 Del. Laws, c. 122, §  4 ; Code 1915, §  691; Code 1935, §  613; 3 Del. C. 1953, §  7302; 57 Del. Laws, c. 764, §  25 ; § 7303 Violations of importation requirements; penalties; jurisdiction. (a) Whoever violates § 7301 of this title shall, for each offense, be fined not more than $100 or imprisoned not more than 30 days, or both. (b) Prosecutions under this section shall be brought in the proper court of the county in which such cattle are sold, offered for sale, or delivered to a purchaser. 25 Del. Laws, c. 122, §  3 ; Code 1915, §  691; Code 1935, §  613; 3 Del. C. 1953, §  7303; § 7304 Importation of Texas or Cherokee cattle; penalty. No person shall bring or have brought into the State any Texas or Cherokee cattle, except for the purpose of slaughtering. All such cattle shall be taken directly from the cars on which they are transported to the abattoir, slaughterhouse or enclosure connected therewith and kept therein until slaughtered. Whoever violates this section shall be fined $20 and costs for each and every head of said cattle brought into the State. 15 Del. Laws, c. 379 ; 16 Del. Laws, c. 310, §  1 ; 19 Del. Laws, c. 181, §  1 ; Code 1915, §  694; Code 1935, §  616; 3 Del. C. 1953, §  7304; § 7305 Sale of animals with pleuro-pneumonia; penalties. Whoever sells or disposes of any animal or animals, known to be infected with pleuro-pneumonia, or known to have been exposed thereto within 1 year prior to the sale or disposal, without due notice to the purchaser that the disease exists in the animals, or that they have been exposed thereto, shall be fined not more than $500 or imprisoned not more than 1 year. 17 Del. Laws, c. 630, §  2 ; Code 1915, §  692; Code 1935, §  614; 3 Del. C. 1953, §  7305; § 7306 Possession of cattle having pleuro-pneumonia; notice; penalties. Whoever, knowing or having reason to suspect that pleuro-pneumonia exists among the cattle in that person’s possession or under that person’s care, fails to forthwith give notice thereof to the Department of Agriculture, shall be fined not more than $500 or be imprisoned not more than 1 year. 17 Del. Laws, c. 630, §  4 ; Code 1915, §  693; Code 1935, §  615; 3 Del. C. 1953, §  7306; 57 Del. Laws, c. 764, §  25 ; 84 Del. Laws, c. 42, § 26 ; § 7307 Condemnation and disposal of cattle reacting to tuberculin test. Cattle which have reacted to the tuberculin test or show marked diagnostic symptoms of tuberculosis shall be condemned and disposed of as directed by the Department of Agriculture. Owners of cattle that have reacted to the tuberculin test or that have been condemned by a representative of the Department of Agriculture or of the United States Bureau of Animal Industry may dispose of the animals in such ways as shall be approved by the Department of Agriculture and may receive for them their salvage value. Code 1915, §  697B; 31 Del. Laws, c. 10, §  1 ; 32 Del. Laws, c. 33, §  7 ; Code 1935, §  620; 3 Del. C. 1953, §  7307; 57 Del. Laws, c. 764, §  25 ; § 7308 Conditions of payment for destruction of tubercular cattle. (a) No payment shall be made for any animals destroyed on account of tuberculosis unless the owner has complied with all quarantine and other regulations that are agreed upon by the United States Bureau of Animal Industry and the Department of Agriculture, and unless the owner has executed the forms required by these regulations. (b) Claims shall not be allowed which arise out of the condemnation of cattle for tuberculosis on a tuberculin test applied by other than a representative detailed by the Department of Agriculture or of the United States Bureau of Animal Industry. (c) No compensation shall be paid to any owner of tubercular cattle whose entire herd is not under federal and state supervision for the eradication of tuberculosis. Code 1915, §§  697F, 697G, 697H; 31 Del. Laws, c. 10, §  1 ; 32 Del. Laws, c. 33, §  7 ; Code 1935, §§  621-623; 3 Del. C. 1953, §  7308; 57 Del. Laws, c. 764, §  25 ; § 7309 Payment for cattle condemned for tuberculosis. The Department of Agriculture may pay out of the funds appropriated by the General Assembly of the State one half of the difference between the appraised value and the salvage of all cattle that are condemned for tuberculosis by the Department of Agriculture or a veterinarian of the United States Bureau of Animal Industry working in cooperation with the Department of Agriculture. All cattle condemned for tuberculosis shall be appraised in a manner prescribed by the Department of Agriculture. No payment as compensation for any tubercular animal destroyed shall exceed two thirds of the difference between the appraised value of such animal and the value of the salvage thereof; and in no case shall any payment hereunder be more than $125 for any grade animal or more than $150 for any purebred animal, and no payment shall be made unless the owner has complied with all lawful quarantine regulations. 32 Del. Laws, c. 33, §  7 ; Code 1935, §  619; 42 Del. Laws, c. 81, §  1 ; 3 Del. C. 1953, §  7309; 57 Del. Laws, c. 764, §  25 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 7321 Blood test upon request of owner. The Department of Agriculture may take under supervision, whenever the Department deems it advisable, such herds of cattle as the owners request, for the conducting of the blood test for Bang’s disease (brucellosis), if the owners requesting this service agree to conform to the rules and regulations promulgated by the Department of Agriculture for the control and eradication of the disease. 38 Del. Laws, c. 45, §  1 ; Code 1935, §  677; 3 Del. C. 1953, §  7321; 57 Del. Laws, c. 764, §  25 ; § 7322 Rules and regulations; quarantine orders. For the proper enforcement of this subchapter, the Department of Agriculture may make and enforce orders, rules and regulations for the control and eradication and to prevent the spread of Bang’s disease or any other contagious or infectious disease to the cattle of the State; and issue any quarantine orders that it deems necessary to prevent the entrance of cattle affected with a contagious or infectious disease. 38 Del. Laws, c. 45, §  2 ; Code 1935, §  678; 41 Del. Laws, c. 82, §  13 ; 3 Del. C. 1953, §  7322; 57 Del. Laws, c. 764, §  25 ; § 7323 Vaccination of calves. Upon request of an owner, the Department of Agriculture shall cause any calves in the State to be vaccinated against brucellosis (Bang’s disease) when such calves are between the ages of 4 and 8 months except calves in herds under state and federal supervision for the control and eradication of brucellosis and operating under the test and slaughter plan, which calves need not be vaccinated unless the owners so desire. Upon such request, the Department of Agriculture shall assign a federal, state or accredited veterinarian to administer the vaccine furnished by the Department. The Department shall make the necessary rules and regulations for handling and use of the vaccine. Code 1935, §  678A(a); 46 Del. Laws, c. 264, §  1 ; 3 Del. C. 1953, §  7323; 57 Del. Laws, c. 764, §  25 ; § 7324 Moving of unvaccinated cattle; exceptions. No person shall move cattle from any premise for other than immediate slaughter unless they have been vaccinated prior to reaching the age of 8 months or unless such animal is negative to an authorized blood agglutination test for brucellosis made within a period of 30 days prior to the date of removal. Such restriction shall not apply to animals in accredited brucellosis-free herds. 47 Del. Laws, c. 355, §  1 ; 48 Del. Laws, c. 30, §  1 ; 3 Del. C. 1953, §  7324; § 7325 Report of veterinarians; vaccination identification; noncompliance. Each veterinarian authorized to make vaccinations shall report to the Department of Agriculture on forms furnished by it all vaccinations. Every animal vaccinated under this chapter shall have tattooed in the animal’s left ear such numerals and letters as the Department of Agriculture authorizes. Any veterinarian not complying with the rules made by the Department of Agriculture for the control and eradication of Bang’s disease shall not be assigned any further state work. Code 1935, §  678A(b); 46 Del. Laws, c. 264, §  1 ; 47 Del. Laws, c. 355, §  2 ; 3 Del. C. 1953, §  7325; 57 Del. Laws, c. 764, §  25 ; 84 Del. Laws, c. 42, § 27 ; § 7326 Application for herd test; tagging and removal of reactors. Any owner of a herd not under state and federal test and slaughter plan may apply to the Department of Agriculture for a herd test for brucellosis for the purpose of determining the extent of infection in such owner’s herd so long as not more than 1 such test is made on any 1 herd in any 1 year. Any and all reactors found as a result of the test shall be tagged with react tags, the numbers of which shall by recorded, and shall remain on the premises unless removed for immediate slaughter at an establishment where federal meat inspection is maintained. At the time of such removal, reactors shall be branded with a “B” brand not more than 3 nor less than 2 inches high and a permit issued for removal to slaughter. Reactors found in informational tests shall not be eligible to indemnity unless the owner adopts the test and slaughter plan and fully observes the regulations governing operation under the plan. Code 1935, §  678A(c); 46 Del. Laws, c. 264, §  1 ; 3 Del. C. 1953, §  7326; 57 Del. Laws, c. 764, §  25 ; 70 Del. Laws, c. 186, §  1 ; § 7327 Tests of herds under state-federal supervision; disposition of reactors. When any owner of cattle in the State places the owner’s herd of cattle under state-federal supervision for the eradication of Bang’s disease, and signs the federal agreements for the testing of the owner’s herd, the blood samples from the owner’s cattle shall be taken by a veterinarian designated by the Department of Agriculture and tested in the laboratory of the Department or a laboratory officially designated by the Department, by the agglutination test. All animals which show a positive reaction to this test shall be identified by a “reactor” ear tag and brand, and shall be slaughtered, under federal or state supervision. Animals showing a suspicious reaction to the agglutination test shall be held for 60 days and retested. 41 Del. Laws, c. 82, §  3 ; 3 Del. C. 1953, §  7327; 57 Del. Laws, c. 764, §  25 ; 70 Del. Laws, c. 186, §  1 ; § 7328 Slaughter of condemned animals. Any animal condemned for Bang’s disease shall be slaughtered upon the direction of the Department of Agriculture or its duly appointed agent. 41 Del. Laws, c. 82, §  4 ; 3 Del C. 1953,, §  7328; 57 Del. Laws, c. 764, §  25 ; § 7329 Payment for cattle condemned. The Department of Agriculture may pay out of the funds appropriated by the General Assembly of the State one half of the difference between the appraised value and the salvage of all cattle that may be condemned for Bang’s disease by the Department or a veterinarian of the United States Bureau of Animal Industry working in cooperation with the Department of Agriculture. All cattle which are condemned for Bang’s disease shall be appraised in a manner prescribed by the Department of Agriculture. No payment as compensation for any animal with Bang’s disease destroyed shall exceed two thirds of the difference between the appraised value of such animal and the value of the salvage thereof. In no case shall any payment hereunder be more than $125 for any grade animal or more than $150 for any purebred animal, and no payment shall be made unless the owner has complied with all lawful quarantine regulations. 32 Del. Laws, c. 33, §  7 ; Code 1935, §  619; 42 Del. Laws, c. 81, §  1 ; 3 Del. C. 1953, §  7329; 57 Del. Laws, c. 764, §  25 ; § 7330 Cleaning of premises after finding reactors. The owner shall clean and disinfect the premises where reactors to the agglutination test for Bang’s disease have been found and removed, at the owner’s own expense, in accordance with instructions from the representative of the Department of Agriculture, who shall inspect the premises. 41 Del. Laws, c. 82, §  5 ; 3 Del. C. 1953, §  7330; 57 Del. Laws, c. 764, §  25 ; 70 Del. Laws, c. 186, §  1 ; § 7331 Quarantine for refusal to place herd under supervision. If it is shown beyond a reasonable doubt that Bang’s disease exists in a herd of cattle, and the owner refuses to sign an agreement placing the owner’s herd under supervision of the Department of Agriculture for the eradication of the disease, or refuses to have any reactors to the Bang’s disease test slaughtered at the direction of the Department, the Secretary of the Department or the Secretary’s agent shall place such premises under quarantine by written notice and no cattle shall be allowed to be removed or any additions made to the herd while it is under such quarantine. 41 Del. Laws, c. 82, §  6 ; 3 Del. C. 1953, §  7331; 57 Del. Laws, c. 764, §  25 ; 70 Del. Laws, c. 186, §  1 ; § 7332 Quarantine and testing of modified accredited areas. When 75 percent of the cattle owners in any county, hundred, district, or other designated area have tested herds of cattle or have made application to have their herds tested and are sufficiently interested in the work to cooperate with the Department of Agriculture to the extent of making such county, hundred, district, or other designated area become a “modified accredited area,” and to comply with the state and federal regulations in order to keep their own herds clean and to bring into such area only cattle which have been tested in accordance with the state and federal regulations, the Department of Agriculture may, when it deems such action advisable and expedient, serve notice that such area shall be placed under quarantine and the Department shall commence Bang’s disease testing under the area plan without expense to the owner, to the extent of funds available, providing the owners agree to comply with this subchapter and all orders, rules and regulations formulated thereunder. 41 Del. Laws, c. 82, §  7 ; 3 Del. C. 1953, §  7332; 57 Del. Laws, c. 764, §  25 ; § 7333 Quarantine of cattle of owners not participating in area plan. When 75 percent of the cattle owners in any county, hundred, district or other designated area have tested herds of cattle or have filed petitions and agreements with the Department of Agriculture for the Bang’s disease testing of their cattle under the area or any other plan of testing approved by the Department, the Department may quarantine all cattle on the premises of the remaining 25 percent and may quarantine all products from such cattle, so that no cattle or products may be removed from such premises. When the owner of such cattle has complied with all rules and regulations or orders of the Department of Agriculture, the Department may remove the quarantine. 41 Del. Laws, c. 82, §  8 ; 3 Del. C. 1953, §  7333; 57 Del. Laws, c. 764, §  25 ; § 7334 Movement of cattle into or within enrolled area. Whenever a county, hundred, district, or other designated area has become enrolled in the area or any other plan of testing approved by the Department of Agriculture, no cattle shall be brought into or moved within such county, hundred, district or other designated area except as provided in the rules and regulations prescribed by the Department. 41 Del. Laws, c. 82, §  9 ; 3 Del. C. 1953, §  7334; 57 Del. Laws, c. 764, §  25 ; § 7335 Interference with conduct of test. No person shall treat any cattle with a material or substance for the purpose of interfering with a Bang’s disease test, or shall interfere in any way with a representative of the Department of Agriculture who is making or assisting with a Bang’s disease test or shall alter or change an ear tag or other mark of identification for the purpose of concealing the identity of any cattle, or shall otherwise attempt to interfere with the identification of any cattle. 41 Del. Laws, c. 82, §  10 ; 3 Del. C. 1953, §  7335; 57 Del. Laws, c. 764, §  25 ; § 7336 Certification as modified accredited area. When the percentage of Bang’s disease infected cattle within a county, hundred, district or other designated area enrolled in the area or any other plan of Bang’s disease testing approved by the Department of Agriculture, as shown by the last preceding Bang’s disease test of all breeding and dairy cattle within the county, hundred, district or other designated area is reduced to meet the requirements of a “modified accredited area,” as officially defined by the United States Department of Agriculture, the Department shall apply to the United States Department of Agriculture for the certification of such county, hundred, district or other designated area as a “modified accredited area.” 41 Del. Laws, c. 82, §  11 ; 3 Del. C. 1953, §  7336; 57 Del. Laws, c. 764, §  25 ; § 7337 Refusal by owner to retest. Any owner of cattle enrolled in the area or any other plan of testing approved by the Department of Agriculture who fails or refuses to have the owner’s animals retested when notified by the Department shall be considered as violating the owner’s agreement and shall become subject to the penalty provided in § 7338 of this title. 41 Del. Laws, c. 82, §  12 ; 3 Del. C. 1953, §  7337; 57 Del. Laws, c. 764, §  25 ; 70 Del. Laws, c. 186, §  1 ; § 7338 Violations; penalties; jurisdiction; disposition of fines. (a) Whoever violates this subchapter, or any rule or regulation promulgated hereunder, shall, unless otherwise provided in this subchapter, be fined not less than $50 nor more than $100 for the first offense, and not less than $100 nor more than $200 for any subsequent offense, or, in default of fine, shall be imprisoned not less than 10 nor more than 30 days, besides the costs of prosecution. (b) Justices of the peace shall have jurisdiction of offenses under this section. (c) There shall be a right of appeal to the Court of Common Pleas from convictions under this section as in like cases before a justice of the peace. (d) The fines collected under this section shall be paid forthwith to the State Treasurer and deposited in the General Fund. 41 Del. Laws, c. 82, §  14 ; 3 Del. C. 1953, §  7338; 69 Del. Laws, c. 423, §  4 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } }