KS Statutes: Ch 47 Article 6: Protection Of Domestic Animals

Chapter 47: Livestock And Domestic Animals

Article 6: Protection Of Domestic Animals

Statutes:

47-601:
47-602:
47-603:
47-604: Penalty for violating quarantine.
47-605: Oaths and affirmations.
47-606:
47-607: Unlawful to transport uninspected animals into state; certificates of health required; rules and regulations of livestock commissioner; special quarantine.
47-607a: Transportation of uninspected animals into state; special permit may be required to cross state line.
47-607b:
47-607c: Same; penalties for violations.
47-607d: Same; rules and regulations.
47-608: Livestock commissioner to cooperate with federal officers.
47-609:
47-610: State quarantine, sanitary and other regulations; veterinarian; compensation.
47-611: Quarantine and other regulations; notice of quarantine; proclamation by governor; enforcement; direction by governor; assistance of any state agency.
47-612: Delivery of animals into quarantine; payment of fees, costs and expenses; sale.
47-613: Quarantine duties of sheriff.
47-614: Killing unconfined, diseased or exposed animals.
47-615: Killing of condemned animals; inventory and appraisal; duties of commissioner; payment or indemnity to owner.
47-616: Same; right of indemnity.
47-617: Animals killed by order of commissioner; certificate; payment or indemnity to owner; specific disease procedures.
47-618: Execution of orders of commissioner; fees of officers; arrests; prosecutions.
47-619: Stockyard inspector; compensation; duties.
47-620: Prohibiting entrance of stock from other states where disease has become epidemic.
47-621: Duties of railway corporations; penalty.
47-622: Report of diseases to livestock commissioner.
47-623:
47-624: Unlawful acts; civil penalties.
47-625:
47-626: Employees and materials for enforcement of act.
47-627: Treatment for itch or mange; order of commissioner.
47-628:
47-629: Injection of virulent hog-cholera virus into hogs without permit unlawful; permit issued, when.
47-629a: Sale of virulent hog-cholera virus by unauthorized vendors unlawful.
47-629b: Sale of virulent hog-cholera virus to unauthorized purchasers unlawful.
47-629c: Penalty for violating 47-629 to 47-629c.
47-630:
47-631: Rules for tuberculin test.
47-632: Animals affected with tuberculosis; condemning of animal and quarantine of herd; sale of animal; payment to owner.
47-632a: Same; commissioner not required to examine records.
47-633:
47-633a: Same; condemnation of herd; payment for animals condemned; appraisal animals.
47-634: Disinfection of premises; costs.
47-635: Construction of 47-610 to 47-635.
47-636: Petition for reimbursement for horses killed on account of glanders; limitation.
47-637: Cattle afflicted with fever; penalty for unlawful acts.
47-638: Liability for damages from such disease.
47-639: Joint and several liability.
47-640:
47-641: Prosecutions.
47-642: Penalty for transporting diseased sheep.
47-643: Diseased sheep at large or sale thereof; penalty.
47-644: Recovery of damages in civil actions.
47-645: Liability of owner of dog for damages.
47-646: Killing dog lawful, when.
47-646a: Same; unconfined dogs in violation of quarantine.
47-647: Unlawful acts where animal diseased with glanders.
47-648: Penalty for violating 47-647.
47-649: Determination of existence of glanders.
47-650: Petition to livestock commissioner; hog-cholera-control organization.
47-651: Deputy state livestock commissioner.
47-652: Pay of officers of control organization.
47-653: Compensation and expenses of deputy livestock commissioner.
47-653a: Sale or use of hog cholera vaccines unlawful, when.
47-653b: Same; rules and regulations of livestock commissioner.
47-653c: Unlawful use of hog cholera vaccines; penalty for violation.
47-653d: Hog cholera; destruction of swine; appraisal of animals.
47-653e: Same; disposal of animals; unlawful acts.
47-653f: Same; payment of owner; limitations, conditions and procedure.
47-653g: Same; commissioner may cooperate with federal agencies and officers.
47-653h: Same; vehicle used in transporting animals to be disinfected.
47-654: Unlawful transportation and sale; fumigation.
47-655: Same; unlawful sale; secondhand sacks.
47-656: Penalty for violating 47-654 to 47-656.
47-657: Rules for approved tests for brucellosis; quarantine and other regulations.
47-658:
47-658a: Brucellosis; identification of reactor animals.
47-658b: Same; sale of reactor animals; shipping permit.
47-659:
47-660: Right of entry to inspect and examine, when.
47-661: Same; duty of persons to assist officials; notice.
47-662: Same; penalty for violating act.
47-663: Sale of cattle as tuberculosis tested unlawful.
47-664: Same; sale as brucellosis or Bang's tested.
47-665: Same; penalty.
47-666: Killing animals affected with vesicular exanthema; right of indemnity.
47-667: Definitions.
47-668: Certain acts concerning swine unlawful without prior accreditation from commissioner.
47-669: Accreditation of swine as being specific pathogen free; regulations and standards.
47-670: Accreditation of service as being specific pathogen free; withholding, suspending or revoking accreditation; notice and hearings; enforcement of requirements, regulations and standards.
47-671: Unlawful acts concerning accreditation; penalties for violations of 47-667 to 47-671.
47-672: Equipment for control and eradication of scabies; fees for use; disposition.
47-673: Pseudorabies infected herd of swine; duties of livestock commissioner; indemnity; rules and regulations.
47-674: Program for registering premises where animals located; voluntary premises registration and animal identification and tracking system; development and implementation by livestock commissioner.

47-601:
History: L. 1905, ch. 495, § 15; R.S. 1923, 47-601; Repealed, L. 1947, ch. 299, § 1; June 30.
47-602:
History: L. 1905, ch. 495, § 16; R.S. 1923, 47-602; Repealed, L. 1947, ch. 300, § 4; Repealed, L. 1947, ch. 299, § 1; June 30.
47-603:
History: L. 1905, ch. 495, § 17; R.S. 1923, 47-603; Repealed, L. 1943, ch. 199, § 4; April 1.
47-604: Penalty for violating quarantine. Any person who knowingly and intentionally violates, disregards or evades, or attempts to violate, disregard or evade any order establishing or regulating a quarantine issued pursuant to article 6 of chapter 47 of the Kansas Statutes Annotated, and amendments thereto, upon conviction of a violation of this section, such person shall be guilty of a severity level 7 nonperson felony.
History: L. 1905, ch. 495, § 24; R.S. 1923, 47-604; L. 1989, ch. 156, § 11; L. 1992, ch. 100, § 1; L. 2007, ch. 198, § 9; May 24.
47-605: Oaths and affirmations. For the purpose of this act, the livestock commissioner is hereby authorized and empowered to administer oaths and affirmations.
History: L. 1905, ch. 495, § 25; R.S. 1923, 47-605; L. 1989, ch. 156, § 12; July 1.
47-606:
History: L. 1905, ch. 495, § 26; R.S. 1923, 47-606; Repealed, L. 1969, ch. 258, § 12; July 1.
47-607: Unlawful to transport uninspected animals into state; certificates of health required; rules and regulations of livestock commissioner; special quarantine. (a) It shall be unlawful for any person or persons to bring, drive or transport any cattle, calves, sheep, swine, horses, mules, goats, domesticated deer, as defined in K.S.A. 47-1001, and amendments thereto, any creature of the ratite family that is not indigenous to this state, including but not limited to ostriches, emus and rheas, or any other animal that may be used in the preparation of meat or meat products into the state of Kansas, without first having caused such animal or animals to be inspected and passed under certificate of health as required by the livestock commissioner of this state.
(b) All shipments and movements of livestock into the state of Kansas upon a public highway shall be accompanied by any such certificates of health or permits required by the livestock commissioner. The livestock commissioner shall prescribe, by rules and regulations, procedure whereby certificates of health and other required statements and declarations may be submitted to the commissioner at the time of shipment.
(c) The livestock commissioner is authorized to issue a special quarantine on such conditions as the commissioner deems necessary to prevent the spread of infectious and contagious diseases in the state of Kansas and on the condition that, if any such livestock upon inspection by an authorized veterinarian are found not to be free and clear of infectious and contagious diseases, the same shall be: (1) Forthwith disposed of by the owner or possessor thereof either by: (A) Sale at a public market for immediate slaughter; (B) delivery at a licensed disposal plant; or (C) return to place of origin; or (2) held by the owner or possessor thereof under quarantine of and subject to the orders and rules and regulations of the livestock commissioner.
History: L. 1905, ch. 495, § 27; L. 1909, ch. 166, § 1; R.S. 1923, 47-607; L. 1945, ch. 229, § 1; L. 1947, ch. 301, § 1; L. 1949, ch. 294, § 1; L. 1951, ch. 315, § 1; L. 1965, ch. 332, § 1; L. 1977, ch. 304, § 19; L. 1993, ch. 143, § 10; L. 1994, ch. 79, § 3; July 1.
47-607a: Transportation of uninspected animals into state; special permit may be required to cross state line. When the livestock commissioner of this state determines that a special permit is required to move any or all kinds or species of livestock into or through the state of Kansas, the livestock commissioner may declare that no person or persons, firm, corporation, railway, aerial or motor transportation company, or individual owner of a truck, or the agents thereof, shall ship, trail, permit to cross the state line or in any manner transport any class of livestock into the state of Kansas from any other area, state or states designated by the livestock commissioner, without first obtaining a special permit, by wire, letter or telephone, from the livestock commissioner at Topeka, Kansas. Such special permit or the authorized permit number of such special permit shall accompany such shipment of livestock into the state of Kansas.
History: L. 1947, ch. 301, § 2; L. 1951, ch. 315, § 2; L. 1989, ch. 156, § 13; July 1.
47-607b:
History: L. 1947, ch. 301, § 3; Repealed, L. 1951, ch. 315, § 4; April 2.
47-607c: Same; penalties for violations. Any person or persons violating or failing to comply with the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail not less than thirty (30) days nor more than one (1) year, or by both such fine and imprisonment.
History: L. 1947, ch. 301, § 4; L. 1965, ch. 332, § 2; June 30.
47-607d: Same; rules and regulations. The livestock commissioner may adopt such rules and regulations as necessary to carry out the purposes of this act.
History: L. 1951, ch. 315, § 3; L. 1989, ch. 156, § 14; July 1.
47-608: Livestock commissioner to cooperate with federal officers. The livestock commissioner is hereby authorized and directed to cooperate with the secretary of agriculture of the United States, or any officer or authority of the general government, in the suppression and extirpation of contagious diseases among domestic animals and in the enforcement and execution of all acts of congress to prevent the importation and exportation of diseased animals and the spread of infectious or contagious diseases among domestic animals.
History: L. 1905, ch. 495, § 31; R.S. 1923, 47-608; L. 1989, ch. 156, § 15; July 1.
47-609:
History: R.S. 1923, 47-609; Repealed, L. 1947, ch. 298, § 12; June 30.
47-610: State quarantine, sanitary and other regulations; veterinarian; compensation. The state livestock commissioner is hereby directed to protect the health of domestic animals of the state from all contagious or infectious diseases and for this purpose is hereby authorized and empowered to establish, maintain and enforce such quarantine, sanitary and other regulations as necessary. If the livestock commissioner requires the assistance of technical knowledge, experience or skill to carry out the duties of the livestock commissioner, the livestock commissioner may command the services of any competent veterinarian or may call upon the dean of the college of veterinary medicine, Kansas state university at Manhattan, Kansas, for that purpose. In case the dean of the college of veterinary medicine, Kansas state university is called, the dean shall receive actual and necessary expenses in the performance of such duties as full compensation for such services. If any other veterinarian is employed, such veterinarian shall receive such actual and necessary expenses and reasonable compensation for such services.
History: L. 1911, ch. 312, § 1; R.S. 1923, 47-610; L. 1947, ch. 302, § 1; L. 1989, ch. 156, § 16; July 1.
47-611: Quarantine and other regulations; notice of quarantine; proclamation by governor; enforcement; direction by governor; assistance of any state agency. (a) When the commissioner determines that a quarantine and other regulations are necessary to prevent the spread among domestic animals of any contagious or infectious disease, the commissioner shall notify the governor of such determination, and the governor shall issue a proclamation announcing the boundary of such quarantine and the orders and rules and regulations prescribed by the commissioner, which proclamation shall be published in the Kansas register, except that the commissioner, if the area affected by the quarantine is limited in extent, may dispense with the proclamation of the governor and give such notice as the commissioner shall deem sufficient to make the quarantine effective.
(b) Upon a determination by the governor that a quarantine or other regulations are necessary to prevent the spread among domestic animals of any contagious or infectious disease, the governor shall direct the commissioner to establish a quarantine pursuant to this section.
(c) The governor may require and direct the cooperation and assistance of any state agency in enforcing such quarantine or other regulations pursuant to subsection (a) or (b).
(d) The commissioner shall establish such quarantine immediately and shall give and enforce such directions, rules and regulations as to separating, isolating, handling and treating, feeding and caring for such diseased animals, animals exposed to the disease and animals within the quarantine which have not been immediately exposed, as the commissioner deems necessary to prevent those classes of animals from coming into contact with one another.
(e) The livestock commissioner or the commissioner's designee is hereby authorized and empowered to enter any grounds and premises to carry out the provisions of this act.
History: L. 1911, ch. 312, § 2; R.S. 1923, 47-611; L. 1981, ch. 324, § 15; L. 1989, ch. 156, § 17; L. 2001, ch. 163, § 1; May 17.
47-612: Delivery of animals into quarantine; payment of fees, costs and expenses; sale. Whenever the livestock commissioner determines that certain animals within the state are capable of communicating infectious or contagious disease, the commissioner may issue an order to the sheriff of the county or to any agent, inspector or authorized representative of the livestock commissioner in which such animals are found, commanding such individuals to take into custody and keep such animals subject to such quarantine regulations as the livestock commissioner may prescribe, until such time as the commissioner directs such person to deliver such animals to their owner or owners or to the agent of the owner or owners. Before any animals are delivered, there shall be paid by the owner of such animals to the livestock commissioner all the fees, costs and expenses of taking, detaining and holding and caring for the animals. In case such fees, costs and expenses are not paid at the time fixed by the livestock commissioner, the officer having custody of such animals shall advertise, in the same manner as provided by law in case of sale of personal property on execution, that the officer will sell such animals or such portion of such animals as may be necessary to pay such fees, costs and expenses, together with the costs and expenses of such sale. At the time and place advertised the officer shall sell as many of the animals as may be necessary to pay for such fees, costs and expenses and the costs and expenses of such sale. Upon such sale the officer shall without delay pay to the owner any amount received in excess of the fees, costs and expenses, including, but not limited to, legal fees of such officer. Any officer performing any of the duties directed in this section or any other section of this act shall receive the same compensation for such services as is prescribed by law for similar services. In case such fees, costs and expenses cannot be collected by sale of such animals, such fees, costs and expenses shall be paid by the state of Kansas unless payment or indemnity for the costs of taking into custody, keeping and selling such animals may be obtained from the United States government.
History: L. 1911, ch. 312, § 3; R.S. 1923, 47-612; L. 1989, ch. 156, § 18; L. 2005, ch. 165, § 1; Apr. 21.
47-613: Quarantine duties of sheriff. The sheriff to whom the existence of any contagious or infectious disease of domestic animals is reported shall proceed without delay to the place where such domestic animal or animals are and examine the same, and shall report immediately the result of such examination to the livestock commissioner. The sheriff shall enforce such temporary quarantine regulations as the livestock commissioner may direct to prevent the spread of such disease, until the livestock commissioner provides and orders suitable permanent quarantine rules and regulations. No sheriff who takes or detains such animals under the provisions of this act shall be liable to the owner or owners of such animals for any damages by reason of such taking or detention or by reason of the performance of any other duties directed by law.
History: L. 1911, ch. 312, § 4; R.S. 1923, 47-613; L. 1989, ch. 156, § 19; July 1.
47-614: Killing unconfined, diseased or exposed animals. When in the opinion of the commissioner it shall be necessary to prevent the spread of any contagious or infectious diseases among the domestic animals of this state, to destroy animals affected with or which have been exposed to any such disease, or which are unconfined in violation of any quarantine order, he shall determine what animals shall be killed and cause the same to be killed and the carcasses disposed of as in his judgment will best protect the health of the domestic animals of the locality.
History: L. 1911, ch. 312, § 5; R.S. 1923, 47-614; L. 1947, ch. 303, § 1; April 15.
47-615: Killing of condemned animals; inventory and appraisal; duties of commissioner; payment or indemnity to owner. Whenever the commissioner directs the killing or disposition of any domestic animal or animals, except dogs, it shall be the duty of the commissioner and the owner of the condemned animals, to appraise the animal or animals to be killed or disposed. The commissioner shall make an inventory of the animal or animals condemned, and in fixing the value of such animal or animals, the commissioner shall be governed by the value of such animal or animals at the time of the first appearance of the disease. The state of Kansas shall pay to the owner the amount to which the owner is entitled as determined by the commissioner as provided by this section unless payment or indemnity for such domestic animal may be obtained from the United States government.
History: L. 1911, ch. 312, § 6; L. 1915, ch. 348, § 1; R.S. 1923, 47-615; L. 1947, ch. 303, § 4; L. 2005, ch. 165, § 2; Apr. 21.
47-616: Same; right of indemnity. When any animal or animals are killed under the provisions of this act by order of the commissioner, the owner of such animal or animals shall be paid for such animal or animals such proportion of the appraised value as fixed by the appraisement as provided by law. The right of indemnity on account of animals killed by order of the commissioner under the provisions of this act shall not extend: (a) To animals killed on account of rabies; (b) to the owner of animals which have been brought into the state in a diseased condition, or from a state, country, territory or district in which the disease with which the animal is infected or to which it has been exposed exists; (c) to any animal which has been brought into the state in violation of any law or quarantine regulations thereof, or the owner of which has violated any of the provisions of this act or disregarded any rule and regulation or order of the livestock commissioner; (d) to any animal which came into the possession of the claimant with the claimant's knowledge that such animal was diseased or was suspected of being diseased or of having been exposed to any contagious or infectious disease; nor (e) to any animal belonging to the United States.
History: L. 1911, ch. 312, § 7; R.S. 1923, 47-616; L. 1989, ch. 156, § 20; July 1.
47-617: Animals killed by order of commissioner; certificate; payment or indemnity to owner; specific disease procedures. When any domestic animal, other than dogs and animals affected with foot-and-mouth disease, is killed by order of the commissioner, the commissioner shall issue to the owner of the animal or animals the certificate showing the number and kind of animals killed, and the amount to which the holder is entitled. The state of Kansas shall pay to the owner the amount to which the owner is entitled as determined by the commissioner as provided by this section unless payment or indemnity for such domestic animal may be obtained from the United States government. In case of animals killed or disposed of that are exposed to or afflicted with the foot-and-mouth disease, the appraisement shall be conducted in accordance with the applicable rules and regulations of an applicable livestock indemnity program of the United States government. The state of Kansas shall pay all its expenses incurred in that behalf, and shall pay all its employees necessarily employed therein.
History: L. 1911, ch. 312, § 8; L. 1915, ch. 348, § 2; R.S. 1923, 47-617; L. 1947, ch. 303, § 5; L. 2001, ch. 163, § 2; L. 2005, ch. 165, § 3; Apr. 21.
47-618: Execution of orders of commissioner; fees of officers; arrests; prosecutions. The commissioner shall have power to call upon any sheriff, undersheriff or deputy sheriff to execute his orders, and such officers shall obey the orders of said commissioner, and for performing such services shall receive mileage and fees as is now provided for service in process in civil actions; and in addition thereto shall receive for killing and disposing of diseased animals, in accordance with the rules prescribed by the livestock commissioner, the following fees: For the first animal, not to exceed five dollars ($5); for each additional animal, not to exceed two dollars ($2); but in no case shall the amount exceed the actual cost of doing such work; and such fees shall be paid by the board of county commissioners of the county in which the services are rendered. Any such officer may arrest on view and take before any judge of a court of competent jurisdiction of the county any person found violating the provisions of this act, and such officer shall immediately notify the county or district attorney of such arrest, and he shall prosecute the person so offending according to law.
History: L. 1911, ch. 312, § 9; May 22; L. 1974, ch. 446, § 19; July 1.
47-619: Stockyard inspector; compensation; duties. The owner or owners of any stockyards doing business in this state, when requested by the livestock commissioner, shall keep constantly in their employ a competent inspector of livestock appointed by the commissioner whose compensation shall be fixed and duties prescribed by the livestock commissioner. The livestock commissioner shall prescribe that portion of the compensation which shall be paid by the owner or owners of the stockyards. It shall be the duty of such inspector to work in conjunction with the United States government authorities to prohibit and prevent any stock affected with any contagious or infectious disease to be driven or shipped out of any such stockyards except to some licensed rendering establishment.
History: L. 1911, ch. 312, § 10; R.S. 1923, 47-619; L. 1947, ch. 302, § 2; L. 1989, ch. 156, § 21; July 1.
47-620: Prohibiting entrance of stock from other states where disease has become epidemic. Whenever the state livestock commissioner has good reason to believe that any contagious or infectious disease has become epidemic in certain localities in other states, territories or countries, or that there are conditions which render domestic animals from such infected districts liable to convey such disease, the livestock commissioner shall publish an order prohibiting the entrance of any livestock of the kind diseased into the state from such infected district.
History: L. 1911, ch. 312, § 11; R.S. 1923, 47-620; L. 1989, ch. 156, § 22; July 1.
47-621: Duties of railway corporations; penalty. That it shall be the duty of the railway corporations doing business in this state to cleanse and disinfect the cars, stockyards and receiving pens used by them in transporting stock in this state at such times and places as the commissioner may designate, whenever in the opinion of the commissioner any such order may be necessary, to prevent the spread of infectious or contagious disease. And such corporation violating any of the provisions of this section shall be liable to a penalty of five hundred dollars for each violation, to be recovered in a civil action to be prosecuted under the direction of the attorney general in the name of the state of Kansas.
History: L. 1911, ch. 312, § 12; May 22; R.S. 1923, 47-621.
47-622: Report of diseases to livestock commissioner. It shall be the duty of the owner or person in charge of any domestic animal or animals who discovers, or has reason to believe that any domestic animal owned by such person or in such person's charge or keeping is affected with any contagious or infectious disease, to immediately report such fact or belief to the livestock commissioner. It shall be the duty of any person who discovers the existence of any such contagious or infectious disease among the domestic animals of any person to report this information at once to the livestock commissioner.
History: L. 1911, ch. 312, § 13; R.S. 1923, 47-622; L. 1989, ch. 156, § 23; July 1.
47-623:
History: L. 1911, ch. 312, § 14; R.S. 1923, 47-623; L. 2001, ch. 163, § 3; Repealed, L. 2002, ch. 88, § 6; May 2.
47-624: Unlawful acts; civil penalties. (a) In addition to any other penalty provided by law, any person who has in such person's possession any domestic animal affected with any contagious or infectious disease, knowing such animal to be so affected, who permits such animal to run at large; or who keeps such animal where other domestic animals, not affected with or previously exposed to such disease, may be exposed to such contagious or infectious disease; or who sells, ships, drives, trades or gives away such diseased and infected animal or animals which have been exposed to such infection or contagion, except by sale, trade or gift to a regularly licensed disposal plant; or who moves or drives any domestic animal in violation of the rules and regulations, directions or orders establishing and regulating quarantine may incur a civil penalty imposed under subsection (b) in the amount of not less than $250 nor more than $1,000 for each such violation and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation. Any owner of any domestic animal which has been affected with or exposed to any contagious or infectious disease may dispose of the same after such owner obtains from the livestock commissioner a bill of health for such animal.
(b) Any duly authorized agent of the commissioner, upon a finding that any person, or agent or employee thereof, has violated any of the provisions stated above, may impose a civil penalty upon such person as provided in this section.
(c) No civil penalty shall be imposed pursuant to this section except upon the written order of the duly authorized agent of the commissioner to the person who committed the violation. Such order shall state the violation, the penalty to be imposed and the right of the person to appeal to the commissioner. Any such person, within 20 days after notification, may make written request to the commissioner for a hearing in accordance with the provisions of the Kansas administrative procedure act. The commissioner shall affirm, reverse or modify the order and shall specify the reasons therefor.
(d) Any person aggrieved by an order of the commissioner made under this section may appeal such order to the district court in the manner provided by the act for judicial review and civil enforcement of agency actions.
(e) Any civil penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1911, ch. 312, § 15; R.S. 1923, 47-624; L. 1943, ch. 199, § 3; L. 1989, ch. 156, § 24; L. 1992, ch. 100, § 2; L. 2001, ch. 5, § 163; July 1.
47-625:
History: L. 1911, ch. 312, § 16; R.S. 1923, 47-625; Repealed, L. 1947, ch. 300, § 4; April 10.
47-626: Employees and materials for enforcement of act. The state livestock commissioner may employ such persons and purchase such supplies, appliances and materials as may be necessary to carry into full effect all the orders given by the livestock commissioner as provided by law. No labor shall be employed and no material or supplies purchased by the livestock commissioner except such additional labor, material and supplies as may be necessary to carry into effect the quarantine and other regulations prescribed by the commissioner. The director of accounts and reports shall draw warrants upon the treasurer of state for the necessary amount upon vouchers properly verified by the person performing such labor or furnishing such material and approved by the livestock commissioner.
History: R.S. 1923, 47-626; L. 1989, ch. 156, § 25; July 1.
47-627: Treatment for itch or mange; order of commissioner. If the livestock commissioner finds the disease known as the itch or mange existing among domestic animals, the livestock commissioner shall order all animals so affected to be properly treated as the commissioner deems necessary.
History: L. 1911, ch. 312, § 18; R.S. 1923, 47-627; L. 1989, ch. 156, § 26; July 1.
47-628:
History: L. 1911, ch. 312, § 19; R.S. 1923, 47-628; L. 1951, ch. 316, § 1; Repealed, L. 1955, ch. 260, § 1; June 30.
47-629: Injection of virulent hog-cholera virus into hogs without permit unlawful; permit issued, when. It shall be unlawful for any person to inject any virulent hog-cholera virus into any hog, in the state of Kansas, unless such person first obtains a permit from the livestock commissioner authorizing such injection. A permit to inject virulent hog-cholera virus may be issued by the livestock commissioner upon application to the livestock commissioner upon a form provided by the livestock commissioner. Such permit shall be issued only to persons who are sufficiently informed as to qualify to safely handle and use such virus, and such permit shall state such conditions, limitations and regulations as the livestock commissioner deems necessary for the protection of the health of the domestic animals of this state from infectious or contagious diseases. Such permit shall be issued for a definite period which duration shall be fixed by the livestock commissioner as the livestock commissioner deems necessary to prevent the spread of infectious or contagious diseases. The permit holder shall comply with the requirements of such permit.
History: L. 1911, ch. 312, § 20; R.S. 1923, 47-629; L. 1951, ch. 316, § 2; L. 1961, ch. 255, § 1; L. 1989, ch. 156, § 27; July 1.
47-629a: Sale of virulent hog-cholera virus by unauthorized vendors unlawful. It shall be unlawful for any person to sell or offer for sale virulent hog-cholera virus to another unless the vendor is: (1) A manufacturer thereof; or (2) a distributor of veterinarian supplies, authorized by the livestock commissioner to handle and sell such virus; or (3) a veterinarian licensed under the Kansas veterinary practice act.
History: L. 1961, ch. 255, § 2; L. 1989, ch. 156, § 28; July 1.
47-629b: Sale of virulent hog-cholera virus to unauthorized purchasers unlawful. It shall be unlawful for any person to sell, or offer for sale, any virulent hog-cholera virus to another unless the purchaser is: (1) A holder of a permit from the livestock commissioner, currently in effect, authorizing such person to inject virulent hog-cholera virus; or (2) a distributor of veterinarian supplies authorized by the livestock commissioner to handle and sell such virus.
History: L. 1961, ch. 255, § 3; L. 1989, ch. 156, § 29; July 1.
47-629c: Penalty for violating 47-629 to 47-629c. Any person who violates any provision of this act, or any provision of a permit to inject virulent hog-cholera virus issued by the livestock commissioner, and any person who fails to comply with any provision of this act or any provision of such a permit, shall be guilty of a misdemeanor and upon conviction shall be fined in a sum of not less than $25 or more than $500 or shall be imprisoned in the county jail for not more than six months, or both.
History: L. 1961, ch. 255, § 4; L. 1989, ch. 156, § 30; July 1.
47-630:
History: L. 1911, ch. 312, § 21; R.S. 1923, 47-630; Repealed, L. 1951, ch. 316, § 3; June 30.
47-631: Rules for tuberculin test. (a) The livestock commissioner, whenever the livestock commissioner deems it necessary, shall formulate and announce the rules under which the tuberculin test for tuberculosis in domestic animals shall be applied and for all proceedings subsequent to such application:
(1) No tuberculin shall be used other than that furnished by the United States government;
(2) no person other than one indicated for that purpose by the livestock commissioner shall inject any tuberculin into any animal in this state;
(3) all charts giving the temperature and conditions existing at the time the animal was tested, accompanied by a history and description of the animal, shall be submitted, immediately after the test is made, to the state livestock commissioner, who shall thereupon render an opinion thereon, which decision shall be final and shall be recorded in the office of the livestock commissioner.
(b) The state livestock commissioner shall at once apply the quarantine and other regulations issued under the provisions of this act to animals found infected with tuberculosis.
History: L. 1911, ch. 312, § 22; L. 1915, ch. 351, § 1; L. 1919, ch. 225, § 1; R.S. 1923, 47-631; L. 1989, ch. 156, § 31; July 1.
47-632: Animals affected with tuberculosis; condemning of animal and quarantine of herd; sale of animal; payment to owner. Whenever the livestock commissioner shall have decided that any domestic animal is affected with tuberculosis he or she shall at once condemn said animal and quarantine the herd wherein it is found. Whereupon, the owner shall sell such diseased animal for immediate slaughter under state or federal inspection, subject to a post-mortem examination under the direction of the livestock commissioner. Said owner shall be indemnified by the state livestock commissioner, from funds appropriated therefor, in an amount equal to one hundred dollars ($100) for each condemned grade bovine animal and two hundred dollars ($200) for each registered bovine animal.
History: L. 1911, ch. 312, § 23; R.S. 1923, 47-632; L. 1945, ch. 230, § 1; L. 1969, ch. 259, § 1; L. 1978, ch. 206, § 1; April 6.
47-632a: Same; commissioner not required to examine records. The livestock commissioner shall not be required to examine the records in the county where condemned animals are situated to determine names and rights of lien claimants or mortgagees.
History: L. 1945, ch. 230, § 2; L. 1989, ch. 156, § 32; July 1.
47-633:
History: L. 1911, ch. 312, § 24; L. 1919, ch. 226, § 1; R.S. 1923, 47-633; Repealed, L. 1969, ch. 260, § 1; July 1.
47-633a: Same; condemnation of herd; payment for animals condemned; appraisal animals. The livestock commissioner may order the condemnation of an entire herd of domestic animals when tuberculosis of any animal within such herd has been diagnosed. In such event, the livestock commissioner shall indemnify the owner of such herd in an amount not to exceed fifty percent (50%) of the difference between the salvage value and the appraised value of the animals in the condemned herd. Such payment by the commissioner shall be from funds appropriated therefor, but in no event shall such payment exceed the sum of four hundred dollars ($400) per head for registered bovine animals, the sum of two hundred dollars ($200) per head for grade bovine animals. Such compensation shall not be paid, and the premises from which the herd was taken shall not be restocked, until such premises have been cleaned and disinfected and, subsequent thereto, have been inspected and approved by the livestock commissioner, or his or her authorized representative. Appraisals of animals condemned shall be made by the livestock commissioner, or his or her authorized representative, and by the owner. If said appraisers cannot agree, a disinterested third party, who has knowledge of livestock values in such locality, shall be selected as an arbitrator by the commissioner and the owner, at the expense of the owner. The determination of values by said arbitrator shall be final.
History: L. 1969, ch. 259, § 2; L. 1978, ch. 206, § 2; April 6.
47-634: Disinfection of premises; costs. The disinfection of the premises where a diseased animal or animals coming within the provisions of this act have been kept shall be under the supervision of the livestock commissioner, or the designee of the livestock commissioner. The livestock commissioner, in addition, shall designate the materials to be used and the method of their application. The cost of such material together with the necessary labor of disinfecting shall be paid by the owner of such animals. Except for disinfection, the premises shall be kept in quarantine until such time as the livestock commissioner may determine.
History: L. 1911, ch. 312, § 25; R.S. 1923, 47-634; L. 1989, ch. 156, § 33; July 1.
47-635: Construction of 47-610 to 47-635. The provisions of this act shall be construed to include all contagious or infectious diseases among all kinds of domestic animals including but not limited to horses, mules, asses, cattle, sheep, goats, llamas, swine, dogs, cats, poultry, birds, nonhuman primates, ferrets, domesticated deer, as defined in K.S.A. 47-1001, and amendments thereto, all creatures of the ratite family including but not limited to ostriches, emus and rheas and exotic animals as defined by rules and regulations in 9 C.F.R. 1.1, pursuant to 7 U.S.C. § 2131 et seq. The state livestock commissioner is given the same power over any domestic animal afflicted with rabies as is conferred upon the livestock commissioner in relation to other diseases of domestic animals.
History: L. 1911, ch. 312, § 26; R.S. 1923, 47-635; L. 1989, ch. 156, § 34; L. 1993, ch. 143, § 11; L. 1994, ch. 79, § 4; L. 1996, ch. 90, § 7; L. 1999, ch. 24, § 1; July 1.
47-636: Petition for reimbursement for horses killed on account of glanders; limitation. That whenever a petition is presented to the board of county commissioners of any county signed by ten taxpayers who are neighbors of any person who has suffered loss by the killing of any of his horses by order or direction of the public authorities on account of such horses being afflicted with glanders, the board of county commissioners may, at their discretion, contribute out of the general fund of the county an amount of money toward reimbursing the owner of the horses so destroyed: Provided, That in no case shall the county contribute any sum in excess of fifty percent of the reasonable market value of the horses, which value shall be estimated as if the horses had been in a healthy condition at the time of their destruction: Provided, That no more than one hundred and fifty dollars be paid for any one animal.
History: L. 1911, ch. 314, § 1; May 22; R.S. 1923, 47-636.
47-637: Cattle afflicted with fever; penalty for unlawful acts. No person or persons shall, between the first day of February and the first day of December of any year, drive or cause to be driven into or through any county or part thereof in this state, or turn upon or cause to be turned or kept upon any highway, range, common or pasture within this state, any cattle capable of communicating or liable to impart what is known as Texas, splenic or Spanish fever. Any person violating any provisions of this act shall upon conviction thereof be adjudged guilty of a misdemeanor, and shall for each offense be fined not less than five hundred dollars nor more than two thousand dollars, or be imprisoned in the county jail not less than thirty days and not more than one year, or by both such fine and imprisonment.
History: L. 1885, ch. 191, § 1; L. 1891, ch. 201, § 1; Feb. 26; R.S. 1923, 47-637.
47-638: Liability for damages from such disease. Any person or persons who shall drive, ship, or transport, or cause to be driven, shipped, or transported, into or through any county in this state, any cattle liable to or capable of communicating Texas, splenic or Spanish fever to any domestic cattle of this state, shall be liable to any person or persons injured thereby for all damages that they may sustain by reason of the communication of said diseases of Texas, splenic or Spanish fever, to be recovered in a civil action in any court of competent jurisdiction, and the parties so injured shall have a lien for such damages on the cattle communicating the disease of Texas, splenic or Spanish fever.
History: L. 1885, ch. 191, § 4; L. 1891, ch. 201, § 3; L. 1901, ch. 101, § 3; March 15; R.S. 1923, 47-638.
47-639: Joint and several liability. Whenever two or more persons shall in violation of this act, at the same time or at different times during the same year, drive or cause to be driven upon the same highway, range, common or pasture within this state any cattle capable of communicating or liable to impart Texas, splenic or Spanish fever, they shall be jointly and severally liable for all damages that may arise from the communication of such disease at any time thereafter during the same year to any native, domestic or acclimated cattle that shall have been upon the same highway, range, common or pasture so previously traveled over by such first-mentioned cattle.
History: L. 1885, ch. 191, § 6; March 12; R.S. 1923, 47-639.
47-640:
History: L. 1885, ch. 191, § 7; R.S. 1923, 47-640; Repealed, L. 1977, ch. 105, § 45; July 1.
47-641: Prosecutions. It shall be the duty of the prosecuting attorney of the proper county to prosecute on behalf of the state all criminal cases arising under this act.
History: L. 1885, ch. 191, § 8; March 12; R.S. 1923, 47-641.
47-642: Penalty for transporting diseased sheep. It shall not be lawful for the owner of sheep, or any person having the same in charge, to import or drive into this state sheep having any contagious disease; and any person so offending shall be deemed guilty of a misdemeanor, and shall be punished by a fine not less than fifty and not exceeding two hundred dollars.
History: G.S. 1868, ch. 105, § 40; L. 1881, ch. 162, § 1; March 13; R.S. 1923, 47-642.
47-643: Diseased sheep at large or sale thereof; penalty. Any person being the owner of sheep, or having the same in charge, who shall turn out or suffer any sheep having any contagious disease to run at large upon any common highway or unenclosed lands, or shall sell or dispose of any sheep that are diseased without fully disclosing the fact to the purchaser, shall be deemed guilty of a misdemeanor, and shall be punished by a fine in any sum not less than fifty and not exceeding two hundred dollars.
History: G.S. 1868, ch. 105, § 41; L. 1881, ch. 162, § 2; March 13; R.S. 1923, 47-643.
47-644: Recovery of damages in civil actions. Nothing in this article shall be so construed as to prevent the recovery of damages in civil actions against any person or persons who shall import or drive such diseased sheep into this state, or who shall allow such diseased sheep to run at large, or who shall sell such diseased sheep.
History: G.S. 1868, ch. 105, § 42; Oct. 31; R.S. 1923, 47-644.
47-645: Liability of owner of dog for damages. If any dog shall kill, wound or worry any domestic animal the owners of such dog shall be liable to the owner of such animal for all damages that may be sustained, thereby to be recovered by the parties so injured before any court having competent jurisdiction.
History: G.S. 1868, ch. 105, § 44; L. 1911, ch. 313, § 1; May 22; R.S. 1923, 47-645.
47-646: Killing dog lawful, when. It shall be lawful for any person at any time to kill any dog which may be found injuring or attempting to injure any livestock as defined in K.S.A. 47-1001, and amendments thereto.
History: G.S. 1868, ch. 105, § 45; R.S. 1923, 47-646; L. 1947, ch. 303, § 2; L. 1996, ch. 90, § 8; July 1.
47-646a: Same; unconfined dogs in violation of quarantine. It shall be lawful for any authorized representative of the livestock commissioner, any sheriff, any city marshal or any law enforcement officer at any time to kill any dog which may be found unconfined in violation of any rabies quarantine or other quarantine order issued by the state livestock commissioner or issued by the secretary of health and environment.
History: L. 1947, ch. 303, § 3; L. 1975, ch. 462, § 56; L. 1989, ch. 156, § 35; July 1.
47-647: Unlawful acts where animal diseased with glanders. It shall not be lawful for any person to use, let, sell or permit to run at large any horse, mule or ass diseased with glanders.
History: L. 1869, ch. 114, § 1; March 2; R.S. 1923, 47-647.
47-648: Penalty for violating 47-647. Any person violating any of the provisions of this act shall upon conviction be fined any sum not less than five dollars nor more than one hundred dollars.
History: L. 1869, ch. 114, § 2; March 2; R.S. 1923, 47-648.
47-649: Determination of existence of glanders. That in order to determine the existence of latent cases of the disease known as glanders in horses, asses and mules, the final decision in obscure cases shall be based upon the results obtained from the proper application of any mallein approved by the United States department of agriculture.
History: L. 1909, ch. 167, § 1; March 24; R.S. 1923, 47-649.
47-650: Petition to livestock commissioner; hog-cholera-control organization. Upon the presentation to the state livestock commissioner of a petition signed by 50 farmers who are resident taxpayers of any county in this state asking that they be permitted to establish a county hog-cholera-control organization in their county, such commissioner shall notify in writing the president of Kansas state university, and the inspector in charge of the office of the United States department of agriculture, animal plant health inspection service, veterinary services, that a meeting will be held at the county seat of the county at a certain date and hour to perfect the organization prayed for in the petition. All persons attending such meeting shall proceed to perfect the establishment of the ______ county hog-cholera-control organization by choosing a president, vice-president, secretary and treasurer and one farmer from each township in the county, who shall, in connection with such officers, constitute the executive board of the ______ county hog-cholera-control organization.
History: L. 1917, ch. 233, § 1; R.S. 1923, 47-650; L. 1989, ch. 156, § 36; July 1.
47-651: Deputy state livestock commissioner. Upon the completion of the establishment of such organization, the state livestock commissioner shall, upon the recommendation of the executive board, appoint a competent person as deputy state livestock commissioner for the county. Such county deputy livestock commissioner shall perform all services and discharge all duties in the county hog cholera control work in exact conformity with the rules and regulations promulgated by the livestock commissioner.
History: L. 1917, ch. 233, § 2; R.S. 1923, 47-651; L. 1989, ch. 156, § 37; July 1.
47-652: Pay of officers of control organization. That the executive council of any county hog-cholera-control organization shall serve without pay and at no expense to the state nor the county.
History: L. 1917, ch. 233, § 3; March 30; R.S. 1923, 47-652.
47-653: Compensation and expenses of deputy livestock commissioner. The county deputy livestock commissioner shall receive a reasonable compensation, to be determined by the state livestock commissioner, in an amount not to exceed $100 per month and necessary travel expenses while absent from home in the discharge of the duties of such position.
History: L. 1917, ch. 233, § 4; R.S. 1923, 47-653; L. 1989, ch. 156, § 38; July 1.
47-653a: Sale or use of hog cholera vaccines unlawful, when. It shall be unlawful for any person to sell or to use hog cholera vaccines in the state of Kansas unless the hog cholera vaccine is first approved by the state livestock commissioner.
History: L. 1968, ch. 179, § 1; L. 1989, ch. 156, § 39; July 1.
47-653b: Same; rules and regulations of livestock commissioner. The state livestock commissioner is hereby authorized and empowered to adopt rules and regulations designating which hog cholera vaccines may be sold or used in this state.
History: L. 1968, ch. 179, § 2; L. 1989, ch. 156, § 40; July 1.
47-653c: Unlawful use of hog cholera vaccines; penalty for violation. Any person who shall violate any provision of this act or regulations adopted in accordance therewith shall be deemed guilty of a misdemeanor and upon conviction shall be punished as prescribed by K.S.A. 21-4502.
History: L. 1968, ch. 179, § 3; L. 1974, ch. 224, § 1; July 1.
47-653d: Hog cholera; destruction of swine; appraisal of animals. In order to prevent the spread of hog cholera, and to reduce the danger of the spread thereof, the livestock commissioner, or the authorized representative of the livestock commissioner, may destroy or require the destruction of any swine which the livestock commissioner has determined to be affected with or exposed to hog cholera. Prior to such destruction there shall be an appraisal of the value of any swine, which shall be made jointly by the owner of such swine and the livestock commissioner, or the authorized representative of the livestock commissioner. If the appraisers cannot agree, a disinterested third party who has knowledge of livestock values in such locality shall be selected by the commissioner and the owner, at the expense of the owner, as an arbitrator. The arbitrator's determination of the value of such swine shall be final.
History: L. 1969, ch. 263, § 1; L. 1989, ch. 156, § 41; July 1.
47-653e: Same; disposal of animals; unlawful acts. The owner or custodian of such swine, immediately after the determination of its appraised value, shall cause such swine to be disposed of in the manner directed by the livestock commissioner or the authorized representative of the livestock commissioner. Any owner or custodian of swine who fails to dispose of swine as directed by the livestock commissioner, upon conviction, shall be guilty of a misdemeanor and shall be punished in the manner provided in K.S.A. 47-607c and amendments thereto.
History: L. 1969, ch. 263, § 2; L. 1989, ch. 156, § 42; July 1.
47-653f: Same; payment of owner; limitations, conditions and procedure. On presentation to the livestock commissioner of acceptable evidence that disposition of such swine has been made in the prescribed manner, the owner of such swine shall be entitled to indemnity, to be paid by the state, in an amount equal to the amount of indemnity paid by the federal government for such destruction of swine. Such indemnification by the state shall not exceed $40 per head for grade swine and shall not exceed $60 per head for purebred swine. Indemnities shall not be paid on swine which have been brought or moved into Kansas in violation of the import regulations of this state, and indemnity shall not be paid on any swine which have been allowed to mingle with swine so brought or moved into Kansas.
Indemnification payments shall be made from legislative appropriations for such purpose to the livestock commissioner. The director of accounts and reports is hereby authorized and directed to draw warrants upon the state treasurer for the amounts and for the purposes provided herein upon duly executed vouchers approved by the livestock commissioner.
History: L. 1969, ch. 263, § 3; L. 1989, ch. 156, § 43; July 1.
47-653g: Same; commissioner may cooperate with federal agencies and officers. The livestock commissioner is hereby authorized to cooperate with any department, agency or officer of the federal government in the control and eradication of hog cholera, including the sharing in the payment of indemnities for swine destroyed pursuant to this act.
History: L. 1969, ch. 263, § 4; L. 1989, ch. 156, § 44; July 1.
47-653h: Same; vehicle used in transporting animals to be disinfected. Any motor vehicle used in the hauling or transporting of swine from the premises where diseased or exposed swine have been under hog cholera quarantine to a destination where such swine are to be slaughtered, including a licensed disposal plant, shall be thoroughly cleaned and disinfected after unloading such swine. Such cleaning and disinfection shall be made under the supervision of the livestock commissioner, or the authorized representative of the livestock commissioner, and with a disinfectant which has been approved by the livestock commissioner.
History: L. 1969, ch. 263, § 5; L. 1989, ch. 156, § 45; July 1.
47-654: Unlawful transportation and sale; fumigation. It shall be unlawful for any person to ship into Kansas or offer for sale in Kansas any food for livestock contained in sacks which have not been first thoroughly disinfected or fumigated in accordance with the requirements of the livestock commissioner. It shall be unlawful for any person to offer for sale in Kansas any food for livestock manufactured within the state that is contained in sacks which have not been first thoroughly disinfected or fumigated in accordance with the requirements of the livestock commissioner.
History: L. 1915, ch. 352, § 1; R.S. 1923, 47-654; L. 1989, ch. 156, § 46; July 1.
47-655: Same; unlawful sale; secondhand sacks. It shall be unlawful for any person to sell or offer for sale any old or secondhand sacks until the same have been thoroughly disinfected or fumigated as required by the livestock commissioner.
History: L. 1915, ch. 352, § 2; R.S. 1923, 47-655; L. 1989, ch. 156, § 47; July 1.
47-656: Penalty for violating 47-654 to 47-656. Any person violating the provisions of this act shall be guilty of a misdemeanor and fined in a sum not less than $10 or more than $100 for such offense.
History: L. 1915, ch. 352, § 3; March 20; R.S. 1923, 47-656.
47-657: Rules for approved tests for brucellosis; quarantine and other regulations. (a) The state livestock commissioner, whenever the commissioner deems it necessary, shall formulate and announce the rules under which approved test for brucellosis in cattle shall be applied and for all proceedings subsequent to such application:
(1) No person or laboratory other than those indicated for that purpose by the livestock commissioner shall test cattle for brucellosis;
(2) all charts showing result of test and conditions existing at the time of test, together with a history and description of cattle, shall be submitted to the livestock commissioner immediately upon completion of test and the livestock commissioner shall render an opinion thereon, which decision shall be final, and shall be recorded in the office of the livestock commissioner.
(b) The livestock commissioner may at once apply the quarantine and other regulations issued under the provisions of law to animals found infected with brucellosis.
History: L. 1939, ch. 225, § 1; L. 1989, ch. 156, § 48; July 1.
47-658:
History: L. 1939, ch. 225, § 2; Repealed, L. 1951, ch. 317, § 1; June 30.
47-658a: Brucellosis; identification of reactor animals. Whenever the state livestock commissioner shall have decided that any domestic animal is affected with brucellosis, he or his authorized representatives, may proceed at once to identify such reactor animal by causing said reactor animal to be branded with the letter "B" on the left jaw by hot iron: Provided, The livestock commissioner may approve the use of other methods for the identification of brucellosis reactors.
History: L. 1951, ch. 320, § 1; L. 1972, ch. 200, § 1; July 1.
47-658b: Same; sale of reactor animals; shipping permit. Any animal determined to be a reactor animal to brucellosis shall be sold for slaughter within fifteen (15) days after being properly identified. Such animal being shipped to be sold for slaughter shall be accompanied by an official shipping permit issued by the livestock commissioner or his authorized representative. Under unusual circumstances, the livestock commissioner may extend the period for sale for slaughter up to a maximum of an additional thirty (30) days following the proper identification of such reactor.
History: L. 1972, ch. 200, § 2; July 1.
47-659:
History: L. 1947, ch. 46, § 4; Repealed, L. 1973, ch. 2, § 36; July 1.
47-660: Right of entry to inspect and examine, when. The secretary of agriculture of the United States, authorized officers of the bureau of animal industry of such department, the state livestock commissioner of Kansas and the authorized deputies of such officials shall have free access to enter upon the premises of any and all persons who own or are in possession of domestic animals and free access to inspect and examine all such domestic animals:
(a) Which are affected with any infectious or contagious disease; or
(b) which are suspected or reported to be affected with any infectious or contagious disease; or
(c) which are located within any area which has been designated as a tuberculosis modified accredited area or brucellosis modified accredited area by the secretary of agriculture of the United States, or by an officer or authority under the United States department of agriculture, animal plant health inspection service, veterinary services or by the state livestock commissioner; or
(d) which are within a herd that has been designated as accredited tuberculosis free or accredited brucellosis free; or
(e) which are located upon the premises of an owner who has a herd of domestic animals which has been accredited as tuberculosis free or brucellosis free.
History: L. 1947, ch. 300, § 1; L. 1989, ch. 156, § 49; July 1.
47-661: Same; duty of persons to assist officials; notice. Any person who owns or is in possession of any domestic animals, who has been notified by any authorized officer or officers, or their authorized deputies, that such animals are to be tested for tuberculosis or other infectious or contagious disease, shall assemble, or cause to be assembled, all such animals, and it shall be the duty of said owner or possessor to assist such official in the testing and identifying of all such animals and to assist such official in the further identifying of all animals which react positively to the tests administered.
History: L. 1947, ch. 300, § 2; April 10.
47-662: Same; penalty for violating act. Any person, who owns or is in possession of domestic animals, who shall refuse to allow any authorized officer or officers or their authorized deputies to examine such domestic animals for any infectious or contagious disease, or who shall hinder or obstruct any authorized official or his authorized deputy in any examination of or in an attempt to examine such domestic animals, or who shall violate any provision in this act or who shall fail or refuse to perform any act or duty imposed upon him under the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than $100 nor more than $500.
History: L. 1947, ch. 300, § 3; April 10.
47-663: Sale of cattle as tuberculosis tested unlawful. It shall be unlawful for any person to sell cattle as tuberculosis tested, or as clean, or as free from tuberculosis, or such equivalents, unless such animals have been tested and found negative to be tuberculin tested within a thirty (30) day period immediately preceding the sale: Provided, This section shall not apply to sales of cattle from an accredited tuberculin free herd.
History: L. 1949, ch. 296, § 1; April 4.
47-664: Same; sale as brucellosis or Bang's tested. It shall be unlawful for any person to sell any cattle as brucellosis tested, or as Bang's tested, or as clean, or as free from brucellosis, or any equivalent, unless such animals have been tested and found negative to brucellosis within a period of thirty (30) days immediately preceding the sale: Provided, This shall not apply to cattle sold from an accredited brucellosis free herd.
History: L. 1949, ch. 296, § 2; April 4.
47-665: Same; penalty. Any person who violates or fails to comply with the provisions of this act shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), or by imprisonment for not more than one (1) year in the county jail, or by both such fine and imprisonment.
History: L. 1949, ch. 296, § 3; April 4.
47-666: Killing animals affected with vesicular exanthema; right of indemnity. Whenever the livestock commissioner has decided that any swine is affected with vesicular exanthema and that it is necessary to order the animals killed in order to prevent the spread of such disease in Kansas, the livestock commissioner shall proceed with the appraisement, condemnation and killing of the same as authorized under K.S.A. 47-614 and 47-615 and amendments to such sections. The owner of such diseased animals which have been so killed and disposed of shall be entitled to receive from the state of Kansas 1/3 of the difference between the appraised value of the animals and the salvage proceeds, if any, received by the owner from the destruction and disposal of such animals.
The livestock commissioner shall draw a voucher upon the director of accounts and reports of the state of Kansas in favor of the owner of such diseased animals for the amount of indemnity for which such owner is entitled, and the director of accounts and reports is hereby authorized and directed to accept such vouchers so drawn by the state livestock commissioner, such amounts to be paid for out of the funds appropriated for such purposes.
History: L. 1953, ch. 258, § 1; L. 1989, ch. 156, § 50; July 1.
47-667: Definitions. As used in this act, unless the context otherwise requires: (a) "Commissioner" means the livestock commissioner appointed by the Kansas animal health board pursuant to K.S.A. 75-1901.
(b) "SPF" swine means specific pathogen free swine, which conform to the regulations and health standards prescribed by the commissioner.
(c) "Person" means any individual, partnership, firm, association or corporation.
History: L. 1968, ch. 285, § 1; L. 1974, ch. 225, § 1; July 1.
47-668: Certain acts concerning swine unlawful without prior accreditation from commissioner. It shall be unlawful for any person to issue, use or circulate, any certificate, advertisement, tag, seal, poster, letterhead, marking or circular, written or printed, pertaining to swine which are intended for propagation or sale, or which are sold or offered for sale, wherein the words SPF accredited, SPF tested, Kansas SPF accredited, Kansas SPF tested, from SPF stock, or any similar words or phrases are used or wherein are used any signs, symbols, maps, diagrams, pictures, words or phrases, which expressly or impliedly state or represent that any swine comply with or conform to the SPF regulations and standards established by the commissioner unless he shall first obtain accreditation from the commissioner that such swine are specific pathogen free.
History: L. 1968, ch. 285, § 2; L. 1974, ch. 225, § 2; July 1.
47-669: Accreditation of swine as being specific pathogen free; regulations and standards. Any person who seeks to obtain SPF accreditation for any swine, and any person who has obtained SPF accreditation for any swine, shall observe, perform and comply with all regulations and standards established by the commissioner pertaining to SPF swine raised, or to be raised, in Kansas. The commissioner is authorized to accredit swine as being specific pathogen free which have been inspected by the commissioner or his assistants or agents, and which have been found to be eligible for accreditation under the regulations and standards adopted by the commissioner pertaining to specific pathogen free swine. The commissioner is authorized to prescribe and adopt regulations and standards for SPF accreditation for swine.
History: L. 1968, ch. 285, § 3; L. 1974, ch. 225, § 3; July 1.
47-670: Accreditation of service as being specific pathogen free; withholding, suspending or revoking accreditation; notice and hearings; enforcement of requirements, regulations and standards. The commissioner may withhold, suspend or revoke Kansas SPF accreditation from swine of any producer if the commissioner finds and determines, after notice and hearing thereon in accordance with the provisions of the Kansas administrative procedure act, that any producer has performed or committed any unauthorized practice for the purpose of evading the provisions of this act.
The commissioner is hereby authorized to enforce requirements, regulations and standards for the administration of this act. In enforcing such requirements, regulations and standards, the commissioner may delegate authority to designated assistants and agents.
History: L. 1968, ch. 285, § 4; L. 1974, ch. 225, § 4; L. 1988, ch. 356, § 153; July 1, 1989.
47-671: Unlawful acts concerning accreditation; penalties for violations of 47-667 to 47-671. It shall be unlawful for any person to issue, make, use or circulate any SPF swine accreditation, or to report any swine as being SPF accredited, Kansas SPF accredited, SPF tested, Kansas SPF tested, from SPF stock, or to advertise or to report any swine as having SPF accreditation without first having obtained SPF accreditation for such swine. Any person who shall violate any of the provisions of this act or any regulation or standard established and adopted by the commissioner, or who shall fail to comply with any provisions of this act or any regulation or standard adopted hereunder, shall be deemed guilty of a class C misdemeanor. Each separate violation shall be a separate misdemeanor.
History: L. 1968, ch. 285, § 5; L. 1974, ch. 225, § 5; July 1.
47-672: Equipment for control and eradication of scabies; fees for use; disposition. (a) The livestock commissioner of the Kansas animal health department is hereby authorized to supervise the operation of cattle and other animal dipping equipment which is used in the control and eradication of scabies in cattle and other animals and which is made available by the federal government for use by livestock producers and others under the supervision of the livestock commissioner. The livestock commissioner is hereby authorized to fix, charge and collect a fee from the owner of such cattle and other animals which are dipped as provided in this section, in an amount of not more than $5 per head, to recover all or part of the costs of operating and maintaining such cattle and other animal dipping equipment.
(b) All moneys received by the livestock commissioner for fees under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the animal disease control fund, which is hereby created. All expenditures from the animal disease control fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the livestock commissioner or by a person or persons designated by the livestock commissioner.
History: L. 1983, ch. 177, § 1; L. 1986, ch. 197, § 1; L. 1991, ch. 152, § 8; L. 2001, ch. 5, § 164; July 1.
47-673: Pseudorabies infected herd of swine; duties of livestock commissioner; indemnity; rules and regulations. (a) The livestock commissioner is hereby authorized to take control of any pseudorabies infected herd of swine from the owner. A pseudorabies infected herd of swine is a herd that has been determined to be infected with pseudorabies virus by official pseudorabies testing procedures conducted at approved veterinary diagnostic laboratories from adequate samples collected from the herd by an accredited veterinarian.
(b) For any such herd, the livestock commissioner shall develop and monitor a mandatory infected herd plan to eradicate the virus from the owner's premises. If, in the opinion of the livestock commissioner, sufficient progress toward pseudorabies free status, as defined in the state-federal-industry pseudorabies eradication program as in effect on the effective date of this act, is not being made, the livestock commissioner shall order the depopulation of such herd.
(c) Whenever any swine are depopulated under provisions of this act by order of the livestock commissioner, the owner of such swine shall be paid for such swine in an amount determined by the livestock commissioner from funds appropriated for such purpose by the legislature.
(d) The livestock commissioner may adopt rules and regulations as necessary to carry out the purposes of this act.
History: L. 1997, ch. 58, § 1; July 1.
47-674: Program for registering premises where animals located; voluntary premises registration and animal identification and tracking system; development and implementation by livestock commissioner. (a) The livestock commissioner is authorized to cooperate with the United States department of agriculture, other state governmental officials, tribal officials and representatives of private industry, and subject to the provisions of subsection (d), to promulgate rules and regulations, to define premises where animals are located and to develop and implement a voluntary premises registration and animal identification and tracking system for Kansas.
(b) In the development of such system, the livestock commissioner shall ensure that:
(1) The requirements are consistent with the federal program and with the United States animal identification plan;
(2) the costs and paperwork requirements are minimized for the registrant and the state; and
(3) the program is not duplicative of or in conflict with proposed federal requirements.
(c) The livestock commissioner is authorized to prepare for the implementation of a premises registration program for Kansas prior to implementation of a national animal identification or premises registration system. Such acts in preparation shall include, but not be limited to, public hearings, educational meetings, development of proposed rules and regulations and cooperative development with the department of agriculture of a proposal regarding infrastructure necessary for such implementation.
(d) If, the United States department of agriculture issues proposed or final uniform methods and rules or regulations for the implementation of a voluntary national animal identification and tracking system or premises registration system, or the congress of the United States enacts requirements for a voluntary national animal identification and tracking system or premises registration system, the livestock commissioner is authorized to promulgate such rules and regulations as may be reasonably necessary to implement voluntary premises registration and the national animal identification and tracking system to the extent authorized by federal requirements.
(e) Subject to appropriations therefor, the livestock commissioner is authorized to hire, in accordance with the civil service act, not more than two employees for the purpose of carrying out the provisions of this section.
(f) The livestock commissioner is authorized to enter into agreements with federal agencies or officials, other state agencies or officials, tribal officials or the owner of animals or such owner's authorized agent to coordinate efforts and share records and data systems pursuant to law to maximize the efficiency and effectiveness of this section.
(g) Any data or records provided or obtained pursuant to this section to an official of the animal health department shall be considered confidential by the animal health department and shall not be disclosed to the public. The provisions of subsection (b) of K.S.A. 45-229, and amendments thereto, shall not apply to the provisions of this subsection.
(h) Any federal financial aid or assistance, grants, gifts, bequests, money or aid of any kind for premises registration or animal identification and tracking in Kansas, shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance the state treasurer shall deposit the entire amount in the state treasury to the credit of the premises registration and animal identification fund, which fund is hereby created. All expenditures from such fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the livestock commissioner or by a person designated by the livestock commissioner and shall be used solely for the administration of the voluntary premises registration or animal identification and tracking system.
(i) The livestock commissioner shall form study groups representing the various animal species to be affected by the provisions of this section. Each such study group shall include representatives for each such specie selected by the livestock commissioner and shall include assistance from the secretary of agriculture or the secretary's designees. Each such study group shall make recommendations to the livestock commissioner regarding the development of premises registration, animal identification and tracking for purposes of such systems, appropriations and fees necessary in administration of the program, enforcement provisions necessary in administration of the program and other issues related to the administration of the program.
(j) The livestock commissioner shall prepare a report and present such report to the legislature by February 1, 2006, on the status of the state and federal voluntary premises registration and animal identification and tracking systems. Such report shall include the recommendations of the livestock commissioner, appropriations and fees necessary in administration of the system, enforcement provisions necessary in administration of the system and any other recommendation deemed necessary by the livestock commissioner to carry out the provisions of this section.
History: L. 2004, ch. 116, § 1; L. 2005, ch. 165, § 4; Apr. 21.

Kansas Statutes

Chapter 47: Livestock And Domestic Animals

Article 6: Protection Of Domestic Animals

Statutes: