MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Agriculture; Appropriations

By: Representative Holland

AN ACT TO CODIFY SECTION 69-15-2, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE MEMBERSHIP OF THE BOARD OF ANIMAL HEALTH; TO AMEND SECTION 69-15-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE AND COMMERCE SHALL APPOINT, FROM NOMINATIONS OF THE BOARD, THE STATE VETERINARIAN; TO AMEND SECTIONS 69-15-9 AND 69-15-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE VETERINARIAN TO APPOINT CERTAIN INSPECTORS; TO AMEND SECTION 69-15-15 IN CONFORMITY THERETO; TO AMEND SECTION 69-15-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEAN OF THE COLLEGE OF VETERINARY MEDICINE AT MISSISSIPPI STATE UNIVERSITY SHALL SELECT AND EMPLOY, WITH THE APPROVAL OF THE BOARD, AN EXECUTIVE DIRECTOR OF THE STATE LABORATORY; TO REPEAL SECTION 69-15-1, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE BOARD OF ANIMAL HEALTH; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This section shall be codified as Section 69-15-2, Mississippi Code of 1972.

69-15-2. (1) The Mississippi Board of Animal Health is to be composed of the Commissioner of Agriculture and Commerce as the ex officio chairman, the Dean of the College of Veterinary Medicine and the heads of the Animal and Dairy Science and Poultry Science Departments at Mississippi State University of Agriculture and Applied Science as three (3) ex officio members, and eleven (11) other members of the board to be appointed by the Governor as hereinafter provided.

(2) The Governor, with the advice and consent of the Senate, shall appoint eleven (11) other members from the following groups or associations from a written list of three (3) recommendations from such groups or associations:

One (1) licensed and practicing veterinarian who holds a doctor of veterinary medicine degree, from a written list of three (3) recommendations submitted by the Mississippi State Veterinary Medical Association;

One (1) general farmer from a written list of three (3) recommendations submitted by the Mississippi Farm Bureau Federation;

One (1) poultry breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Poultry Improvement Association;

One (1) sheep breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Sheep Producers' Association;

One (1) beef cattle breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Cattlemen's Association;

One (1) swine breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Pork Producers' Association;

One (1) dairy breeder and producer from a written list of three (3) recommendations submitted by the American Dairy Association of Mississippi;

One (1) horse breeder and producer from a written list of three (3) recommendations submitted by the Mississippi horse breeders;

One (1) catfish breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Catfish Association;

One (1) member of the Mississippi Independent Meat Packers' Association from a written list of three (3) recommendations submitted by the Mississippi Independent Meat Packers' Association;

One (1) member of the Mississippi Livestock Auction Association from a written list of three (3) recommendations submitted by the Mississippi Livestock Auction Association.

All members shall take and subscribe to the general oath of office as provided in Section 268, Mississippi Constitution of 1890, and file the same with the Commissioner of Agriculture and Commerce.

(3) Effective August 1, 1968, the dairy producer member shall be appointed for a one-year term; the Livestock Auction Association member shall be appointed for a two-year term; and the meat packer member shall be appointed for a three-year term; the catfish producer member shall be appointed for a four-year term; and the horse producer member shall be appointed for a five-year term.

Effective August 1, 1969, the poultry producer member shall be appointed for a two-year term; on August 1, 1970, the sheep producer member shall be appointed for a three-year term; on August 1, 1971, the swine producing member shall be appointed for a four-year term; on August 1, 1972, the general farmer member shall be appointed for a five-year term; on August 1, 1973, the veterinarian member shall be appointed for a six-year term; and on August 1, 1974, the beef cattle producer member shall be appointed for a seven-year term.

All subsequent appointments shall be for four-year terms, except for appointments to fill vacancies which shall be for the unexpired term only.

(4) (a) "Commissioner" means the Commissioner of Agriculture and Commerce.

(b) "Department" means the Department of Agriculture and Commerce.

SECTION 2. Section 69-15-7, Mississippi Code of 1972, is amended as follows:

69-15-7. The State Veterinarian is authorized and empowered to employ the necessary professional, technical and clerical personnel as he deems necessary to carry out the powers and duties of the board, and to fix their compensation. The commissioner shall appoint from a written list of not less than five (5) licensed veterinarians submitted by the board, and fix the compensation of, a duly licensed and practicing veterinarian as the State Veterinarian, who shall hold a degree of veterinary medicine from a recognized college or university, shall be a resident of the State of Mississippi, and shall have been engaged in the practice of veterinary science for not less than five (5) years prior to his appointment * * * . The State Veterinarian shall serve at the will and pleasure of the commissioner and shall enter into a surety bond for the faithful performance of his duties, and the premium therefor shall be paid by the department. The board shall also be authorized to employ an attorney as authorized in Section 69-1-14, Mississippi Code of 1972.

SECTION 3. Section 69-15-9, Mississippi Code of 1972, is amended as follows:

69-15-9. The Board of Animal Health shall have plenary power to deal with all contagious and infectious diseases of animals as in the opinion of the board may be prevented, controlled or eradicated, and with full power to make, promulgate and enforce such rules and regulations as in the judgment of the board may be necessary to control, eradicate and prevent the introduction and spread of anthrax, tuberculosis, hog cholera, Texas and splenic fever and the fever-carrying tick (margaropus annulatus), cattle brucellosis, anaplasmosis, infectious bovine rhinotracheitis, muscosal disease, cattle viral diarrhea, cattle scabies, sheep scabies, hog cholera, swine erysipelas, swine brucellosis, equine encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease, infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group and any suspected new and/or foreign diseases of livestock and poultry and all other diseases of animals in this state, and the board is hereby vested with full authority to establish and maintain quarantine lines and to quarantine by county, supervisors district, parcel of land or herd. The State Veterinarian shall appoint as many inspectors and range riders as may be deemed necessary, and the funds at his disposal will permit, and shall delegate authority to said inspectors and range riders, to enter premises to inspect and disinfect livestock and premises, and enforce quarantine including counties, farms, pens, stables and other premises.

No officer or agent of the State Veterinarian may enter the actual enclosures of any person except (1) with the consent of the person lawfully in possession thereof or (2) in the absence of such consent, with a proper writ obtained as in other cases of searches and seizures under constitutional law. When such officers and agents are lawfully on the premises, either by permission or writ, they shall be authorized to inspect the premises and the livestock and animals found thereon by entering the enclosures and buildings and they are authorized to check livestock and poultry found therein for any contagious diseases and take proper action to control or eradicate any such diseases that may be found. While such officers and agents are performing their duties hereunder, they shall not be personally liable except for gross negligence. The refusal without lawful reason of any person to give the consent aforesaid shall be deemed a misdemeanor and shall be punishable as for violations of Article 5 of this chapter as provided for in Section 69-15-115.

SECTION 4. Section 69-15-11, Mississippi Code of 1972, is amended as follows:

69-15-11. (1) The Board of Animal Health shall maintain a complete and adequate diagnostic laboratory at Jackson, and at any other facility in the state as deemed necessary by the board, capable of rendering quick and accurate diagnoses of disease conditions of animals and livestock, including but not limited to cattle, horses, sheep, swine, poultry and pets. The Dean of the College of Veterinary Medicine at Mississippi State University of Agriculture and Applied Science shall select and employ, with the approval and consent of the board, an executive director of the laboratory. The executive director shall select and employ * * * such veterinarians, bacteriologists, pathologists, technicians, clerical assistants, and other personnel necessary to carry out the objective of this section. The salaries, compensation and expenses of such employees shall be fixed by the executive director and shall be sufficient to insure the employment of competent persons and shall be paid from funds at the disposal of the board, drawn by the secretary and approved by the chairman. The board shall provide such office and technical equipment, and other items of personal property necessary and proper to effect the full meaning of this section.

(2) The Board of Animal Health shall maintain a laboratory at Jackson, and at any other facility in the state as deemed necessary by the board, and any person licensed to practice veterinary medicine, veterinary surgery, veterinary dentistry, or any vocational-agriculture teacher, bona fide farmer or county agent in the State of Mississippi shall have made available to him services of the laboratory. The laboratory shall examine blood and urinal specimens, and shall conduct blood tests and bacterial tests, and make reports thereon, of all specimens, submitted by any licensed veterinarian, or vocational-agriculture teacher, bona fide farmer, or county agent of this state. The board shall be required to set reasonable fees for such examinations, tests, reports or other diagnostic services in such amounts as will pay for the expenses of providing same.

SECTION 5. Section 69-15-13, Mississippi Code of 1972, is amended as follows:

69-15-13. The State Veterinarian is vested with authority to appoint and commission, without salary from the state, as its inspectors, representatives of the United States Department of Agriculture, and to accept from the United States Government such assistance, financial and otherwise, for carrying out the purpose of this statute, as may be available from time to time.

SECTION 6. Section 69-15-15, Mississippi Code of 1972, is amended as follows:

69-15-15. (1) The Board of Animal Health shall have the power and duty to quarantine all herds of cattle where a diagnosis of anthrax is made.

(2) Such quarantine shall remain in effect until the State Veterinarian receives a certificate which is signed by a Mississippi licensed and accredited veterinarian, and which states that such herd has been properly treated and vaccinated and that the medical waste and any dead animals from such herd have been properly disposed. The proper disposal of such dead animals shall be by burning the animal at the spot of death or by burying the animal six (6) feet deep and covering the animal with quick lime.

(3) The Board of Animal Health shall have the power and duty to quarantine all herds of cattle on lands immediately adjacent to any infected herd. Such quarantine shall remain in effect until the State Veterinarian receives a certificate as specified in subsection (2) of this section.

(4) Any person, firm or corporation failing to comply with any of the provisions of this section, or interfering with the State Veterinarian or any duly appointed officer of the State Veterinarian in the discharge of his duty or for having discharged his duties, shall be deemed in violation of the provisions of this section and shall be subject to the penalties provided in Section 69-15-65, Mississippi Code of 1972.

SECTION 7. Section 69-15-1, Mississippi Code of 1972, which provides for the Board of Animal Health, is repealed.

SECTION 8. This act shall take effect and be in force from and after July 1, 1998.