HLS 12RS-617 REENGROSSED
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are additions.
Regular Session, 2012
HOUSE BILL NO. 602
BY REPRESENTATIVE CHANEY
ANIMALS: Adds certain powers to the Board of Animal Health
AN ACT1
To amend and reenact R.S. 3:2093(6) through (10), to enact R.S. 3:2093(11) and 2135, and2
to repeal R.S. 3:2095, 2096, 2099, Part III of Chapter 16 of Title 3 of the Louisiana3
Revised Statutes of 1950, comprised of R.S. 3:2171 through 2188, 2221(C), 2228,4
and Part V of Chapter 16 of Title 3 of the Louisiana Revised Statutes of 1950,5
comprised of R.S. 3:2261 through 2264, relative to diseases of animals; to provide6
for the Louisiana Board of Animal Health; to provide for powers; to provide for7
technical correction; to repeal the sale of hog cholera serum; to repeal cattle fever8
tick eradication; to repeal parishwide testing; to repeal sheep scab infection; to9
provide for the redesignation of certain provisions of Title 3 of the Louisiana10
Revised Statutes of 1950 and to direct the Louisiana State Law Institute with respect11
to such redesignations; and to provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 3:2093(6) through (10) are hereby amended and reenacted and R.S.14
3:2093(11) and 2135 are hereby enacted to read as follows:15
§2093. Powers16
The Louisiana Board of Animal Health shall have the following powers and17
duties:18
* * *19
(6) To issue cease and desist orders when a violation that is endangering or20
causing significant damage to animal health or commerce is occurring or is about to21
occur.22 HLS 12RS-617 REENGROSSED
HB NO. 602
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(6)(7) To institute civil proceedings seeking injunctive relief to restrain and1
prevent violations of the laws or of administrative rules administered or enforced by2
the board.3
(7)(8) To impose civil penalties of up to one thousand dollars for each4
violation of the laws and administrative rules administered and enforced by the5
board. Each day on which a violation occurs shall be considered a separate offense.6
Civil penalties shall be assessed only by a ruling of the board based on an7
administrative hearing conducted in accordance with the Administrative Procedure8
Act. The board may institute civil proceedings to enforce its rulings in the district9
court for the parish in which the violation occurred.10
(8)(9) To advise the state Department of Agriculture and Forestry, the United11
States Department of Agriculture, and the legislature with respect to all phases of the12
meat industry in Louisiana, including but not limited to the slaughtering and13
processing of meat and the implementation of the Federal Meat Inspection Act, the14
Federal Poultry Products Inspection Act, and the state meat inspection program.15
(9)(10) To adopt such rules and regulations as may be necessary to monitor16
compliance with the prohibition against tampering with livestock at a public17
livestock exhibition as set forth in R.S. 14:102.1(B)(2).18
(10)(11) To adopt such rules and regulations as may be necessary to19
establish standards governing the care and well-being of bovine, equine, ovine,20
caprine, porcine, and poultry bred, kept, maintained, raised, or used for show, profit,21
or for the purpose of selling or otherwise producing crops, animals, or plant or22
animal products for market. The board shall consider the following when adopting23
the standards:24
(a) The health and husbandry of the bovine, equine, ovine, caprine, porcine,25
and poultry.26
(b) Generally accepted farm management practices.27
(c) Generally accepted veterinary standards and practices.28 HLS 12RS-617 REENGROSSED
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(d) The economic impact the standards may have on bovine, equine, ovine,1
caprine, porcine, and poultry farmers, the affected bovine, equine, ovine, caprine,2
porcine, and poultry sectors, and consumers.3
* * *4
§2135. Power to deal with contagious diseases of animals5
The Board of Animal Health shall have plenary powers to deal with all6
contagious and infectious diseases of animals as in the opinion of the board may be7
prevented, controlled, or eradicated, and with full power to make, promulgate, and8
enforce such rules and regulations as in the judgment of the board may be necessary9
to control, eradicate, and prevent the introduction of contagious and infectious10
diseases of animals.11
Section 2. R.S. 3:2095, 2096, 2099, Part III of Chapter 16 of Title 3 of the Louisiana12
Revised Statutes of 1950, comprised of R.S. 3:2171 through 2188, 2221(C), 2228, and Part13
V of Chapter 16 of Title 3 of the Louisiana Revised Statutes of 1950, comprised of R.S.14
3:2261 through 2264, are hereby repealed in their entirety.15
Section 3.(A) The provisions of R.S. 3:566 are hereby redesignated and renumbered16
to R.S. 3:573.17
(B) The provisions of R.S. 3:2094 and 2097 are hereby redesignated and renumbered18
to R.S. 3:2133 and 2137.19
(C) The provisions of R.S. 3:2100 are hereby redesignated and renumbered to R.S.20
3:571.21
(D) The provisions of R.S. 3:2133 are hereby redesignated and renumbered to R.S.22
3:2139.23
(E) The provisions of R.S. 3:2341 through 2347 are hereby redesignated and24
renumbered to R.S. 3:2261 through 2273.25 HLS 12RS-617 REENGROSSED
HB NO. 602
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Chaney HB No. 602
Abstract: Allows the Board of Animal Health to have certain plenary powers when dealing
with contagious and infectious diseases of animals. Repeals the sale of hog cholera
serum, cattle fever tick eradication, parishwide brucellosis testing, and sheep scab
infection.
Present law provides the La. Board of Animal Health with the following powers:
(1)To adopt rules and regulations necessary to implement and enforce powers and
duties as assigned.
(2)To hold hearings and conduct investigations.
(3)To issue subpoenas for witness attendance or document production for any hearing.
(4)To issue charters and determine public livestock market sale days.
(5)To compel livestock owners to quarantine, test, or vaccinate livestock to prevent,
control, or eradicate certain infectious diseases.
(6)To institute civil proceedings seeking injunctive relief to prevent violations of law.
(7)To impose certain civil penalties up to $1,000 for each violation of law and provides
for separate offenses.
(8)To advise the LDAF and USDA and the legislature with respect to all phases of the
meat industry, including the slaughtering and processing of meat.
(9)To adopt rules and regulations to monitor compliance relative to tampering with
livestock at a public exhibition.
(10)To adopt rules and regulations to establish standards governing the well-being of
bovine, ovine, caprine, porcine, and poultry bred for show or profit or for selling or
for producing for market.
Proposed law adds to the powers of the La. Board of Animal Health the ability to issue cease
and desist orders upon a violation causing significant damage to animal health. Otherwise
retains present law.
Present law provides for the prevention, control, and eradication of certain contagious or
communicable diseases of animals through the disposal of carcasses by cremation or deep
burial, or by certain municipalities possessing incinerators. Prohibits owners from allowing
animals affected with or exposed to certain contagious or communicable diseases to run at
large. Further provides for penalties for violations.
Proposed law provides the La. Board of Animal Health with plenary powers to deal with
contagious and infectious diseases with full power to promulgate rules and regulations to
control, prevent, and eradicate contagious and infectious diseases of animals. Otherwise
retains present law. HLS 12RS-617 REENGROSSED
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Present law provides the La. Board of Animal Health with plenary powers to control,
eradicate, and prevent the introduction of Texas or tick fever and other certain animal
diseases. Further provides for penalties for violation or interference. Additionally prohibits
an individual from selling hog cholera serum received from the board.
Proposed law repeals present law.
Present law provides for the eradication of cattle fever tick through systemic dipping of all
infested livestock under the direction of the La. Board of Animal Health. Further provides
that the board complete the eradication process in partially or completely infested parishes,
in certain quarantine zones or areas not under quarantine, providing the dipping vats and
pens where necessary.
Present law allows the La. Board of Animal Health to appoint commissioned quarantine
inspectors to assist in systemic tick eradication. Provides for the duties of quarantine
inspectors with full police powers to include supervision of all livestock dipping and other
such duties necessary for tick eradication.
Present law provides that owners of livestock in parishes undergoing tick eradication and on
notification by quarantine inspector are responsible for assuring livestock dipping under
supervision of such inspector. Further provides for quarantine, dipping, and care at the
expense of the owner for failure to comply with the board's mandated dipping schedule.
Present law allows a lien and privilege upon animals for any expense incurred by the
enforcement of tick eradication process. Provides for the sale of animals and disposition of
proceeds by the sheriff of the parish of residence should the owner fail or refuse to pay for
such expenses.
Present law authorizes quarantine inspectors to seize and dip animals infested with or
exposed to cattle fever tick. Provides for the board to appeal for injunctive relief against an
owner interfering with quarantine inspectors.
Present law provides for the dipping of animals infested with or exposed to cattle fever tick
when transported from another state through this state. Further provides for owner
responsibility for all costs incurred or sale of animals to cover expenses if owner fails to pay.
Present law provides for the La. Board of Animal Health to promulgate rules and regulations
to complete tick eradication. Further provides for penalty of violations and civil liability.
Proposed law repeals present law.
Present law provides for the dipping of sheep infected with or exposed to sheep scab
infection as directed by the La. Board of Animal Health. Further provides for the board to
commission inspectors to perform such duties as directed for the dipping of all infected or
exposed sheep. Additionally provides for promulgation of rules and regulations by the board
for the effective eradication of sheep scab infection.
Proposed law repeals present law.
(Amends R.S. 3:2093(6)-(10); Adds R.S. 3:2093(11) and 2135; Repeals R.S. 3:2095, 2096,
2099, 2171-2188, 2221(C), 2228, and 2261-2264)