MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Agriculture

By: Senator(s) Ross

AN ACT TO AMEND SECTION 69-15-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD OF ANIMAL HEALTH SHALL SELECT THE STAFF AT THE STATE DIAGNOSTIC CLINIC; TO AMEND SECTION 69-15-201, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD SHALL SELECT QUALIFIED VETERINARIANS; TO AMEND SECTION 69-15-305, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO APPOINT STATE INSPECTORS; TO BRING FORWARD SECTIONS 69-1-14, 69-11-13, 69-13-7, 69-13-13, 69-13-15, 69-15-7 THROUGH 69-15-15, 69-15-51 THROUGH 69-15-69, 69-15-101 THROUGH 69-15-117, 69-15-201 THROUGH 69-15-213, 69-15-301 THROUGH 69-15-317, 69-15-327, 69-15-331, 69-17-3, 69-17-9, 69-17-11, 69-17-13, 69-17-201 AND 73-39-19, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES. 

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

SECTION 1. 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 clinic at Jackson 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 board shall select and employ * * * the director, * * * veterinarians, bacteriologists, pathologists, technicians, clerical assistants, and other personnel necessary to carry out the objective of this section. The salaries, compensation and expenses of the employees shall be fixed by the board and shall be sufficient to insure the employment of competent persons * * *. The board shall provide * * * office and technical equipment, and other items of personal property necessary and proper to effect the full meaning of this section.

(2) The board shall maintain a laboratory at Jackson, 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 * * *, 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 2. Section 69-15-201, Mississippi Code of 1972, is amended as follows:

69-15-201. The board * * * is directed to employ one or more qualified veterinarians to be paid from the funds * * * of the board, who shall cooperate with the veterinarians of the U.S. Department of Agriculture, Bureau of Animal Industry, in testing cattle for tuberculosis in this state.

SECTION 3. Section 69-15-305, Mississippi Code of 1972, is amended as follows:

69-15-305. The board shall appoint the necessary number of local state inspectors and range riders to assist the counties in systematic tick eradication, who shall be commissioned by the Board of Animal Health as livestock inspectors. The salaries of the inspectors and range riders shall be fixed by the Board of Animal Health and shall be sufficient to insure the employment of competent men. If the services of any of the inspectors or range riders is not satisfactory to the board, his services shall be immediately discontinued, and the decision of the board * * * shall be final without recourse and the commission of the inspector shall be cancelled. The salaries of the inspectors shall be paid from funds * * * of the Board of Animal Health * * *.

SECTION 4. Section 69-15-7, Mississippi Code of 1972, is brought forward as follows:

69-15-7. The Board of Animal Health is authorized and empowered to employ the necessary professional, technical, and clerical personnel as it deems necessary to carry out the powers and duties of the board, and to fix their compensation. The board shall appoint and fix the compensation of a duly licensed and practicing veterinarian as its executive secretary and 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, and shall not be engaged in the sale of or production of veterinary biologics or supplies. The State Veterinarian shall serve at the will and pleasure of the Board of Animal Health, shall cooperate with the Commissioner of Agriculture and Commerce, and shall enter into a surety bond for the faithful performance of his duties, and the premium therefor shall be paid by the board. The board shall also be authorized to employ an attorney as authorized in Section 69-1-14, Mississippi Code of 1972.

SECTION 5. Section 69-15-9, Mississippi Code of 1972, is brought forward 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 and to appoint as many inspectors and range riders as may be deemed necessary and the funds at its disposal will permit, and to 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 said board 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 6. Section 69-15-13, Mississippi Code of 1972, is brought forward as follows:

69-15-13. The Board of Animal Health 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 7. Section 69-15-15, Mississippi Code of 1972, is brought forward 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 Board of Animal Health 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 8. Section 69-15-51, Mississippi Code of 1972, is brought forward as follows:

69-15-51. It is the purpose of Sections 69-15-51 through 69-15-69 to establish an administrative hearing procedure under the Board of Animal Health to enforce the rules and regulations of the Board of Animal Health and the statutes and laws of the State of Mississippi pertaining to the control and eradication of tuberculosis, anthrax, 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, swine erysipelas, swine brucellosis, equine encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease, infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group, equine infectious anemia and any suspected new and/or foreign diseases of livestock and poultry, and all other diseases of animals in this state, currently in effect or hereafter made and promulgated.

SECTION 9. Section 69-15-53, Mississippi Code of 1972, is brought forward as follows:

69-15-53. (1) When any allegation or charge has been made against a person for violating the rules and regulations of the Board of Animal Health or the law relating to the prevention and eradication of diseases in animals and livestock, the Board of Animal Health shall direct the State Veterinarian to act as the reviewing officer. The reviewing officer shall (a) cause the complaint to be in writing and signed by the person making the charge; (b) insure that the complaint is filed in the office of the Board of Animal Health; and (c) send a copy of the complaint and any supporting documents to the person accused along with a request for the accused to respond to the allegations within thirty (30) days. Such notification shall be accomplished by any of the methods provided for in Rule 4 of the Mississippi Rules of Civil Procedure. Upon receipt of the response and any supporting documents from the accused, the reviewing officer shall screen all information on file to determine the merit of the complaint or lack thereof.

(2) If the reviewing officer determines that the complaint lacks merit, he may dismiss the complaint.

(3) If the reviewing officer determines that there are reasonable grounds to indicate that a violation has occurred or the accused admits to the truth of the allegations upon which the complaint is based, the reviewing officer may levy a fine not to exceed One Thousand Dollars ($1,000.00) for each violation.

(4) If the accused requests a hearing, in writing, within thirty (30) days, the reviewing officer shall notify the Board of Animal Health and a hearing shall be scheduled. The actions of the State Veterinarian with respect to subsections (2) and (3) above shall be reviewable at such hearing, if so requested. The party requesting a hearing shall file a fee of One Hundred Dollars ($100.00) along with the request for hearing to cover the cost of a court reporter.

SECTION 10. Section 69-15-55, Mississippi Code of 1972, is brought forward as follows:

69-15-55. (1) The Board of Animal Health, upon notice from the reviewing officer that a hearing is requested, shall appoint a three-member hearing committee which shall consist of one (1) attorney from the Attorney General's office, and two (2) representatives from the Department of Agriculture or from the membership of the Board of Animal Health. The hearing committee shall, within thirty (30) days of notification from the reviewing officer, conduct a hearing at a date, time and place to be determined by the hearing committee, provided that such hearing shall be held and conducted within the county in which the accused resides or in a situs mutually agreeable and that for good cause shown the hearing committee may grant a continuance or continuances of such hearings. Written notice of date, time and place of such hearing shall be mailed to the accused by registered mail, return receipt requested, no less than fifteen (15) days prior to the commencing of the hearing.

(2) A duly qualified court reporter shall be in attendance and shall make a full and complete transcript of the proceedings. The hearing shall be closed unless the accused shall request a public hearing. The hearing committee shall have the right and duty to impose reasonable restrictions as it may deem necessary or appropriate to insure an orderly, expeditious and impartial proceeding, and shall admit all relevant and material evidence except evidence which is unduly repetitious.

(3) For purposes of such hearing, the committee is hereby empowered to require the attendance of witnesses, administer oaths and hear testimony, either oral or documentary, for and against the accused. The board shall have the authority to issue subpoenas to compel the attendance of witnesses and the production of books, papers, records or other documentary evidence at a hearing pending before the board. Subpoenas to be issued shall be delivered to the sheriff of the county where they are to be executed and the sheriff shall cause them to be served. In case of the failure of any person to comply with any subpoena issued by the board, the board or its authorized representative may invoke the aid of any court of general jurisdiction of this state. The court may thereupon order such person to comply with the requirements of the subpoena. Failure to comply with the order of the court may be treated as contempt thereof.

(4) At the conclusion of the hearing, the hearing committee, upon the majority vote of the members of such committee, shall transmit to the Board of Animal Health a written opinion incorporating findings of fact and recommendations for penalties which shall not exceed One Thousand Dollars ($1,000.00) for each violation.

SECTION 11. Section 69-15-57, Mississippi Code of 1972, is brought forward as follows:

69-15-57. The reviewing officer and/or the hearing committee shall certify findings and recommendations to the Board of Animal Health within five (5) days of the conclusion of the proceedings. The Board of Animal Health shall, at its next regular meeting, review such findings and recommendations and approve, modify or reverse the recommendations made as a result of the review and hearing. The Board of Animal Health shall then notify the accused violator of its decision by certified mail at a mailing address provided during the proceedings, or at the accused violator's last-known address.

SECTION 12. Section 69-15-59, Mississippi Code of 1972, is brought forward as follows:

69-15-59. Failure of the accused to request a hearing or respond to the complaint within thirty (30) days shall constitute a waiver of the right to a hearing and any penalties assessed by the board shall be due and payable as provided in Section 69-15-67.

SECTION 13. Section 69-15-61, Mississippi Code of 1972, is brought forward as follows:

69-15-61. The Board of Animal Health shall have jurisdiction over all persons and property necessary to administer and enforce the provisions of Sections 69-15-51 through 69-15-69, the rules and regulations of the board, and all other laws relating to the prevention and eradication of diseases in animals and livestock. The board may adopt rules and regulations to implement the provisions of Sections 69-15-51 through 69-15-69.

SECTION 14. Section 69-15-63, Mississippi Code of 1972, is brought forward as follows:

69-15-63. (1) Any individual aggrieved by a final decision of the Board of Animal Health after its review of the hearing officer's recommendation shall be entitled to judicial review.

(2) An appeal from the board's decision shall be filed in the Circuit Court of the First Judicial District of Hinds County on the record made, including a verbatim transcript of the testimony at the hearing held before the designated hearing committee of the Board of Animal Health. The appeal shall be filed within thirty (30) days after notification of the action of the board is mailed or served and the proceedings in circuit court shall be conducted as other matters coming before the court. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of preparation of the record of the proceedings by the Board of Animal Health, and the filing of a bond in the sum of Five Hundred Dollars ($500.00) conditioned that if the action of the board be affirmed by the circuit court, the aggrieved party shall pay the costs of the appeal and the action of the circuit court.

(3) The scope of review of the circuit court in such cases shall be limited to a review of the record made before the board or hearing committee to determine if the action of the board is unlawful for the reason that it was:

(a) Not supported by any substantial evidence;

(b) Arbitrary or capricious; or

(c) In violation of some statutory or constitutional right of the individual.

(4) No relief shall be granted based upon the court's finding of harmless error by the board in complying with the procedural requirements of Sections 69-15-51 through 69-15-61. In the event that there is a finding of prejudicial error in the proceedings, the cause may be remanded for a rehearing consistent with the findings of the court.

(5) Any party aggrieved by action of the circuit court may appeal to the State Supreme Court in the manner provided by law.

SECTION 15. Section 69-15-65, Mississippi Code of 1972, is brought forward as follows:

69-15-65. (1) Each violation of the rules and regulations of the Board of Animal Health or violations of any other of the laws governing the eradication of contagious diseases in animals and livestock shall be subject to the imposition of a civil penalty up to One Thousand Dollars ($1,000.00).

(2) When one or more animals are involved and are the subject of the violation each animal shall constitute a separate violation.

SECTION 16. Section 69-15-67, Mississippi Code of 1972, is brought forward as follows:

69-15-67. (1) Any penalty assessed by the Board of Animal Health shall be due and payable within forty-five (45) days of the notification of the board's decision.

(2) In the event that the judgment is not paid within the forty-five (45) days, or within such additional time as the board may allow, the Board of Animal Health through its designated representative may file suit in the circuit court of the county where the defendant resides or in the case of a nonresident defendant in the Circuit Court of the First Judicial District of Hinds County or any other court with appropriate jurisdiction to enforce the decision of the board and recover reasonable attorney's fees and all court costs.

(3) A copy of the notification sent by the board to the violator shall be sufficient proof as to the judgment of the board.

SECTION 17. Section 69-15-69, Mississippi Code of 1972, is brought forward as follows:

69-15-69. No person shall be subject to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter or issue concerning which he may be required to testify to or produce evidence, or provide documentation, before the board or at any of its hearings or conferences, or in compliance with any subpoena, however, no person testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.

SECTION 18. Section 69-15-101, Mississippi Code of 1972, is brought forward as follows:

69-15-101. (1) The boards of supervisors of any county, or one or more counties, are hereby authorized and empowered, in their discretion, to establish areas composed of one or more counties for the purpose of cooperating with the Board of Animal Health and the United States Bureau of Animal Industry, separately or jointly, in providing for a program of control and eradication of certain diseases of livestock and poultry within such area established.

(2) Boards of supervisors of any county or counties acting under the authority conferred by this section are authorized and empowered, in their discretion, to contribute to the support of such area program in an amount equal to thirty-three and one-third percent (33-1/3%) of the cost of administering the program in such area. The cost of administering such program to be determined by the board and entered upon their minutes at the time funds are appropriated for the support of same. The funds herein authorized to be expended by the board or boards of supervisors of each county or group of counties comprising such area shall be paid out of the general fund of such county or counties on order of the board of supervisors duly entered on their minutes.

(3) The Board of Animal Health is hereby authorized to purchase and supply at cost any vaccine necessary for use in control and eradication of diseases of livestock and poultry in such area hereby authorized to be established, to the owners of livestock or poultry residing in an area cooperating with the control program hereby authorized.

(4) In order that any area created under the provisions of this section may have the services of a veterinarian, the Board of Animal Health is hereby authorized and empowered, in their discretion, to employ a veterinarian for such area, and such area veterinarian shall have the authority to employ local veterinarians with the approval of the Board of Animal Health, and the board of supervisors of the county or counties comprising such area are authorized and empowered to contribute to the payment of the salary of such veterinarians employed by the Board of Animal Health.

SECTION 19. Section 69-15-103, Mississippi Code of 1972, is brought forward as follows:

69-15-103. (1) All pens, stalls, barns, or other places where livestock are placed or held for exhibits or shows at all fairs within the state shall be sprayed with an approved insecticide before any animals are placed therein, and immediately after removal of such animals, all such pens, stalls, barns, or other places where such animals have been confined shall be sprayed with an approved disinfectant. Such spraying shall be done under the direction or supervision of the Board of Animal Health. It shall be the duty of the fair managers to see that the provisions hereof are complied with.

(2) All community sale barns within the state where any kind of livestock is sold, shall be sprayed with an approved insecticide before any animals are placed therein and immediately after removal of such animals. Such spraying shall be done at the expense of the owners of said sale barns, and done under directions of the Board of Animal Health. Failure by the owners of said sale barns to comply with the provisions hereof shall be punished by a fine imposed upon them of not less than Twenty-five Dollars ($25.00), nor more than Fifty Dollars ($50.00).

SECTION 20. Section 69-15-105, Mississippi Code of 1972, is brought forward as follows:

69-15-105. (1) The boards of supervisors in the various counties are hereby authorized and empowered, in their discretion, to put into effect the provisions of this section by order of said respective boards spread upon the minutes of such board when petitioned by a majority of livestock owners in any county or affected district.

(2) The board of supervisors of any county, when petitioned, electing to come under the provisions of this section shall be authorized to appropriate money from the general fund or fix the levy annually of an ad valorem tax, not to exceed two (2) mills, upon the assessed valuation of all real and personal property within the area petitioned for and/or fix a fee not to exceed Twenty-five Cents (254) per head on livestock annually, based on cost estimates for a program of controlling or eradicating ticks, flies, and other nuisance insects by dipping livestock or by other appropriate methods.

(3) The board of supervisors of any county, upon designating an area where the program shall be operated, shall request the technical assistance of the Board of Animal Health. The Board of Animal Health shall cooperate in general planning, technical supervision, furnish specifications for vats, and other equipment, select approved chemical agents and test same for effectiveness.

(4) The board of supervisors of any county is authorized to construct dipping vats in suitable locations, purchase other equipment and supplies, and employ such personnel as necessary, including inspectors who shall be enforcement officers for the county board of supervisors.

It shall be the duty of each livestock owner within the area of program operations to cooperate with the board of supervisors and its representatives and comply with the provisions of this section.

(5) The board of supervisors of any county shall have the authority to require all owners when necessary to assemble all their livestock at a designated time and place and have same dipped or treated according to prescribed methods.

Owners who refuse or fail to comply after having been duly notified to have livestock assembled and dipped or treated as prescribed shall be in violation of the provisions of this section and shall be subject to the provisions of Sections 69-15-53 through 69-15-69.

(6) The purpose of this section is to supplement and be in addition to Section 69-15-307, Mississippi Code of 1972, and related statutes. Nothing in this section to the contrary shall replace or minimize existing statute concerning existing laws for the eradication of the cattle fever tick (Margaropus annulatus).

SECTION 21. Section 69-15-107, Mississippi Code of 1972, is brought forward as follows:

69-15-107. (1) In addition to other authority vested in the Board of Animal Health, it shall have the following powers and duties:

(a) To quarantine all herds of cattle where reactors are disclosed or found by private tests, auction barn sale tests, market cattle testing of slaughter cattle and dairy herds that are suspicious to the brucellosis ring test (milk).

(b) Owners of herds so quarantined in counties carrying out brucellosis eradication programs either in cooperation with the board of supervisors or Animal Health Division, Agricultural Research Services, USDA, shall have a maximum of sixty (60) days from date of quarantine issuance in which to have the quarantined portion of their herd officially tested for brucellosis. The herd owner shall be responsible for making herd test arrangements, using at his option either the federal veterinarian assigned to his area or any private practitioner licensed to test cattle in the herd owner's county under the area plan. It shall be the herd owner's responsibility to assemble, confine, and hold the quarantined cattle at a time and place agreed upon by himself and his selected veterinarian for the purpose of identifying and testing those animals required to be tested under the uniform methods and rules for establishing and maintaining modified certified brucellosis areas adopted by the United States Livestock Sanitary Association and approved by the Animal Health Division, Agricultural Research Services, USDA. These uniform methods and rules shall be followed explicitly in carrying out all official area brucellosis testing work, and owners of quarantined herds shall be responsible for retesting of quarantined portions of their herds within time limits prescribed by these rules. Within these time limits, quarantined herd owners shall enjoy the same options for veterinarian selection and time and test location as outlined above for the original test.

(c) Owners of quarantined herds who fail to take action in having their herd officially tested for brucellosis within sixty (60) days of quarantine issuance shall upon notice from the State Veterinarian assemble or have assembled these quarantined cattle at a place and time designated in order that the brucellosis test may be applied. Assistance shall be given by such owners in confining these cattle in order that the test may be administered properly, and the same cattle shall be returned for checking, tagging and branding of reactors at a time and place designated by the inspector or veterinarian in charge. It shall be the duty of the sheriff in any county in which the work of brucellosis testing is in progress to render to agents of the Board of Animal Health every assistance in enforcing the laws and regulations of said board. If the sheriff of any county shall neglect, fail or refuse to render this assistance when so required, he shall be guilty of a misdemeanor and be punishable as in other cases of malfeasance or misfeasance.

(d) All cattle which have reacted to the brucellosis test shall be tagged and branded and removed from the herd of cattle and shall be permitted to market for slaughter within a period of fifteen (15) days after the date of tagging and branding. When funds are available from the state or federal government, indemnities will be paid to the owner of reactors when properly appraised and disposed of.

(e) As stated in paragraph (b), current uniform methods and rules for establishing and maintaining modified certified brucellosis areas adopted by the United States Livestock Sanitary Association and approved by the Animal Health Division, Agricultural Research Services, USDA, shall be followed.

(2) Any person, firm or corporation failing to comply with any of the provisions of this section or interfering with any duly appointed officer of the Board of Animal Health 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 provisions of Sections 69-15-53 through 69-15-69.

SECTION 22. Section 69-15-109, Mississippi Code of 1972, is brought forward as follows:

69-15-109. (1) The Governor of the State of Mississippi, when advised by the Board of Animal Health that an emergency exists due to the presence of foot and mouth disease, rinderpest, contagious pleuropneumonia, or other contagious or infectious diseases of animals, or European fowl pest and similar diseases among poultry, in this state, is hereby authorized to declare a state of emergency and to order all animals or poultry quarantined or slaughtered that may be affected with, or possible carriers of such diseases.

(2) The Governor is hereby authorized and empowered to cooperate with any department of the federal government engaged in the combating and control of any such disease mentioned in subsection (1) and to this end the Governor is authorized and empowered to do any and all things in cooperation with the federal government necessary to the control and extermination of any such diseases mentioned in subsection (1) among animals or poultry that may be affected therewith.

(3) For the purposes of this section, the Governor shall have full and complete police power, and shall exercise same anywhere in the State of Mississippi, and if an emergency should exist to such an extent that such becomes necessary the governor may employ such personnel to enforce such police powers and quarantine that may be necessary to control and prevent the spreading of any such diseases mentioned in subsection (1) among animals or poultry in this state. Such personnel when appointed by the Governor shall work under the direction of the Mississippi Board of Animal Health, or its representative, and shall be paid such compensation as the Governor may determine out of any money made available for the enforcement of this section.

(4) When any animals or poultry or materials are ordered to be destroyed, under the provisions of this section, the owner of same shall be paid for each such animal or poultry or materials destroyed an amount not exceeding the amount authorized to be paid by the federal government in matching funds expended for the destruction of each such animal or poultry or materials infected with any such diseases mentioned in subsection (1).

(5) In the event of the happening of an outbreak of any such diseases mentioned in subsection (1) in Mississippi, the Governor is hereby authorized to borrow not to exceed Two Hundred Thousand Dollars ($200,000.00) to carry out the terms and provisions of this section.

SECTION 23. Section 69-15-111, Mississippi Code of 1972, is brought forward as follows:

69-15-111. It shall be unlawful for any person or persons, firm or corporation to drive, convey, transport or allow to drift from any state or territory, into this state any livestock except under the supervision and in accordance with the rules and regulations of the Board of Animal Health. Steers may be moved into the state for feeding and grazing purposes under special permit issued by the State Veterinarian.

Livestock shipped, trailed, driven or otherwise transported into this state from other states or territories shall be subject to examinations and tests approved by the Board of Animal Health for the purpose of determining if such animals are free of infectious abortion or bangs disease. Should such animals react to the tests, they shall immediately upon notice to the owner from the board or one (1) of the board's inspectors or veterinarians be returned to the state from which they came, or slaughtered under the supervision and direction of the board. The Board of Animal Health is authorized and empowered to require livestock owners or persons having livestock in charge, affected with, or exposed to infectious abortion, upon notice to assemble or have assembled such livestock at a place and time designated by an inspector or veterinarian of the Board of Animal Health or of the United States Bureau of Animal Industry in order that the proper and necessary tests and examinations can be made. All animals which react to the test for infectious abortion or show marked diagnostic symptoms of infectious abortion shall be quarantined, segregated, isolated or otherwise disposed of under the direction of the Board of Animal Health.

Any person, firm or corporation violating any of the provisions of this section or any of the rules and regulations of the Board of Animal Health shall be deemed in violation of the provisions of this section and shall be subject to the provisions of Sections 69-15-53 through 69-15-69.

SECTION 24. Section 69-15-113, Mississippi Code of 1972, is brought forward as follows:

69-15-113. Owners of livestock infected with any contagious or infectious disease, whose animals are destroyed by authority of the Board of Animal Health shall receive compensation from the state in accordance with the following provisions:

Before authorizing the destruction of such diseased animals, they shall be appraised by a duly commissioned representative of the Board of Animal Health of the State of Mississippi or a cooperating representative of the U.S. Department of Agriculture, Bureau of Animal Industry, duly commissioned by said Board of Animal Health. If the owner shall refuse to accept such appraisal, the animals shall be appraised (under oath) by three (3) competent and disinterested appraisers; one (1) to be selected by the duly commissioned representative of the Board of Animal Health or of the U.S. Department of Agriculture, Bureau of Animal Industry duly commissioned by said Board of Animal Health, one (1) by the owner, and those two (2) to select a third; the appraisal to be based upon the value of the animals at the time the animals are condemned for destruction; and, provided, further, that the state to pay not to exceed one-third (1/3) of the difference between the appraised value of each animal so destroyed and the value of the salvage thereof, when any portion of said appraised value is paid by the U.S. Department of Agriculture, and not more than two-thirds (2/3) thereof in the event no portion is paid by said U.S. Department of Agriculture. In no event shall the state be liable on an appraised value exceeding Twenty-five Dollars ($25.00) per head for grade cattle and Fifty Dollars ($50.00) per head for registered purebred cattle.

Upon receipt of a duly certified copy of the appraisal of the stock condemned to be destroyed, and a certificate from the Board of Animal Health that the condemned stock has been destroyed in accordance with the rules and regulations of said board, a requisition shall be issued, signed by the executive officer and the Chairman of the State Board of Animal Health, authorizing the State Auditor to issue a warrant for the amount stipulated out of funds in the state treasury especially appropriated for that purpose.

SECTION 25. Section 69-15-115, Mississippi Code of 1972, is brought forward as follows:

69-15-115. Any person, firm or corporation violating any of the provisions of Article 5 of this chapter, or any of the rules and regulations of the Board of Animal Health, relative to the control and eradication of tuberculosis, anthrax, 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, swine erysipelas, swine brucellosis, equine encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease, infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group, equine infectious anemia and any suspected new and/or foreign diseases of livestock and poultry, and all other diseases of animals in this state, made and promulgated thereunder shall be subject to the provisions of Sections 69-15-53 through 69-15-69.

SECTION 26. Section 69-15-117, Mississippi Code of 1972, is brought forward as follows:

69-15-117. (1) The owner or possessor of an equine, as defined in Section 95-11-3, shall not take the equine into any state or local government facility or multipurpose building where animals are housed or held for exhibits, shows or sales unless the owner or possessor displays to the operator of the facility a certificate issued by a licensed veterinarian showing that the equine is free of equine infectious anemia. A Coggins test must have been performed within the twelve (12) months immediately preceding the exhibit, show or sale. Shows on privately owned property are exempt from this act.

(2) The Board of Animal Health shall promulgate rules and regulations to enforce this section.

(3) Any person violating this section or the rules and regulations promulgated under this section by the Board of Animal Health is subject to the penalties provided in Section 69-15-65.

SECTION 27. Section 69-15-203, Mississippi Code of 1972, is brought forward as follows:

69-15-203. The State Veterinarian is directed to detail a veterinarian to assist such counties as desire to undertake the control and eradication of tuberculosis among cattle and such assistance shall be given to the counties in the order in which request is made and to the extent that the funds of the board will permit.

SECTION 28. Section 69-15-205, Mississippi Code of 1972, is brought forward as follows:

69-15-205. The board of supervisors of any county in the State of Mississippi may, by order entered on the minutes of said board, express their intention to engage in the eradication of tuberculosis, in livestock under the area plan in co-operation with the Board of Animal Health, and the United States Bureau of Animal Industry. Such order so entered upon the minutes of said board shall be published for thirty days in a newspaper published in said county and having a general circulation therein, and at the expiration of said thirty (30) days if twenty percent (20%) or more of the qualified electors of said county shall not file with said board a petition protesting against said order, the board shall enter an order upon their minutes to so engage in said eradication provided for in the previous order; but should twenty percent (20%) or more of the qualified electors of said county file with said board a petition protesting against said order, then the board of supervisors shall call an election, after having given the notice required by law, and if a majority of the qualified electors of said county voting at said election in favor of engaging in such eradication, then the board shall enter upon its minutes an order to that effect; should a majority of the qualified electors of said county voting fail to vote in favor of engaging in such eradication, then said board shall enter an order upon its minutes refusing to engage in such eradication.

SECTION 29. Section 69-15-207, Mississippi Code of 1972, is brought forward as follows:

69-15-207. In counties doing tuberculosis eradication work under the provisions of this article, owners of cattle are required to submit all their cattle to be tuberculin tested at such time and place as designated by the Board of Animal Health, and provide such help as may be needed by the inspector doing the work.

SECTION 30. Section 69-15-209, Mississippi Code of 1972, is brought forward as follows:

69-15-209. Cattle which react to the tuberculin test or show marked diagnostic symptoms of tuberculosis shall be condemned and branded with the letter "T" on the left jaw, and be disposed of as directed by the Board of Animal Health.

SECTION 31. Section 69-15-211, Mississippi Code of 1972, is brought forward as follows:

69-15-211. The county boards of supervisors of counties engaged in eradicating tuberculosis in livestock under the area plan in co-operation with the Board of Animal Health and the United States Bureau of Animal Industry may pay out of the general funds of the county money for necessary expenditure including the employment of accredited or approved veterinarians and for the payment of indemnity to cattle owners who have animals slaughtered because of having reacted to a tuberculin test authorized by the board and the United States Bureau of Animal Industry. Provided that said animals so classed are appraised and slaughtered as provided in the rules and regulations of the Board of Animal Health. The indemnity received shall not exceed Fifty Dollars ($50.00) for each grade animal or One Hundred Dollars ($100.00) for each registered animal so condemned.

SECTION 32. Section 69-15-213, Mississippi Code of 1972, is brought forward as follows:

69-15-213. The boards of supervisors of the various counties of the State of Mississippi which are not engaged in the eradication of bovine tuberculosis on the area plan, may in their discretion, pay indemnity on cattle which react to a co-operative tuberculin test authorized by the Mississippi Board of Animal Health on the same basis as provided in Section 69-15-211.

SECTION 33. Section 69-15-301, Mississippi Code of 1972, is brought forward as follows:

69-15-301. (1) The work of tick eradication shall be prosecuted by the Board of Animal Health under the following provisions: The State Veterinarian, with the approval and consent of the board, shall hire an assistant executive officer for tick eradication who shall receive a salary of not exceeding Four Thousand Dollars ($4,000.00) per annum to be fixed by the board, who shall be duly qualified for the work and of recognized ability and experience in tick eradication and who shall have full authority and jurisdiction, subject to the rules and regulations of the Board of Animal Health in the matter, direction and administration of the work of eradication of the Texas and splenic fever and the fever-carrying tick, in the State of Mississippi, until such time as in the judgment of the said board it is necessary for the prosecution to a successful conclusion of the campaign of eradicating said ticks and tick fever.

(2) The assistant executive officer shall have for the purpose of eradication of the Texas and splenic fever or fever-carrying tick, all the powers, authority and jurisdiction now conferred by law upon the Executive Officer of the Board of Animal Health, upon the conditions and limitations set forth in this section and in Section 69-15-303, Mississippi Code of 1972.

(3) The assistant executive officer shall employ such inspectors and range riders and other employees as may be deemed necessary by the Board of Animal Health for the successful prosecution of the work of eradication of the said Texas and splenic fever and fever-carrying tick, the employment of such inspectors, range riders, and other employees to be subject to the approval of the advisory commission on tick eradication, the compensation of such inspectors, range riders, and other employees to be subject to the approval of the said advisory commission, fixed by the board and paid out of any appropriation made to said board for tick eradication.

SECTION 34. Section 69-15-303, Mississippi Code of 1972, is brought forward as follows:

69-15-303. The Governor shall appoint a commission of five (5) men of recognized business ability and integrity, three (3) of whom shall reside south of the Alabama & Vicksburg division of the Illinois Central Railroad, and two (2) of whom shall reside north of the said Alabama & Vicksburg division of the Illinois Central Railroad, which shall be an advisory commission to the Board of Animal Health and the assistant executive officer thereof in all matters pertaining to the eradication of the Texas fever and splenic fever and fever-carrying tick, and it shall be the duty of said commission to advise with the Board of Animal Health and the executive officer thereof in all matters pertaining to the eradication of the tick fever and ticks from the State of Mississippi, and to aid and assist in the prosecution of said work to a successful conclusion. The said commission may elect one (1) of its members as chairman and one (1) as secretary and the members shall receive no compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of the duties hereby imposed, same to be paid by the Board of Animal Health upon itemized accounts duly filed with and approved by the board. However, the expense of each of the commissioners shall not exceed the sum of Two Hundred Fifty Dollars ($250.00).

All vacancies which occur in the advisory commission shall be filled by election by a vote of a majority of the remaining members of the commission.

SECTION 35. Section 69-15-307, Mississippi Code of 1972, is brought forward as follows:

69-15-307. The board of supervisors in the various counties of the state are authorized and empowered to appropriate money out of the general fund of the county to be used for the purpose of co-operating with the Mississippi Board of Animal Health and the United States Department of Agriculture, Bureau of Animal Industry, in eradicating tick fever, cattle tick, lice, and other animal parasites, and any other contagious and infectious diseases of livestock or the causes of such diseases.

SECTION 36. Section 69-15-309, Mississippi Code of 1972, is brought forward as follows:

69-15-309. If it shall be determined by the State Veterinarian, or his authorized agent, that any county or counties shall be partially or completely infested with the cattle tick (margaropus annulatus), the board of supervisors of said counties which are partially or completely infested with the cattle tick (margaropus annulatus) shall immediately take up the work of systematic tick eradication as provided in this article.

SECTION 37. Section 69-15-311, Mississippi Code of 1972, is brought forward as follows:

69-15-311. Systematic dipping of all cattle, horses, jacks, jennets and mules infested with or exposed to the cattle tick (margaropus annulatus), shall be taken up as soon as practical in all counties or portions of counties that shall at any time be found partially or completely infested with the cattle tick (margaropus annulatus) under the direction of the State Veterinarian, acting under the authority as herein provided, and as provided by the rules and regulations of the Board of Animal Health. However, this section shall not hinder or handicap the operation of stock law.

SECTION 38. Section 69-15-313, Mississippi Code of 1972, is brought forward as follows:

69-15-313. The boards of supervisors, after being notified by the State Veterinarian that the cattle tick (margaropus annulatus) is known to exist in their respective counties, shall provide such number of dipping vats as may be fixed by the State Veterinarian or his authorized representative, and provide the proper chemicals and other materials necessary to be used in the work of systematic tick eradication in such counties, and said work of systematic tick eradication shall begin on the date indicated by the State Veterinarian and continue until the cattle tick (margaropus annulatus) is completely eradicated, and notice in writing of same is given by the State Veterinarian.

SECTION 39. Section 69-15-315, Mississippi Code of 1972, is brought forward as follows:

69-15-315. If the board of supervisors shall fail, refuse or neglect to comply with the provisions of this article, the state veterinarian or an authorized agent of the State Veterinarian, shall apply to any court of competent jurisdiction for a writ of mandamus or shall institute such other proceedings as may be necessary and proper to compel such county boards of supervisors to comply with the provisions of this article applying to them.

SECTION 40. Section 69-15-317, Mississippi Code of 1972, is brought forward as follows:

69-15-317. Any person, or persons, firms or corporations, owning or having in charge any cattle, horses, jacks, jennets or mules in any county where tick eradication shall be taken up, or is in progress under existing laws, shall, on notification by any livestock inspector to do so, have such cattle, horses, jacks, jennets or mules dipped regularly every fourteen (14) days in a vat properly charged with arsenical solution, as recommended by the United States Bureau of Animal Industry under the supervision of said inspector, at such time and places and in such manner as may be designated by the livestock inspector. All animals dipped shall be marked for identification. The dipping period shall be continued as long as may be required by the rules and regulations of the State Board of Animal Health, which shall be sufficient in number and length of time to completely destroy and eradicate all cattle ticks (margaropus annulatus) in such county or counties.

SECTION 41. Section 69-15-327, Mississippi Code of 1972, is brought forward as follows:

69-15-327. It shall be the duty of the sheriff in any county in which the work of tick eradication is in progress, to render all livestock inspectors any assistance in the enforcement of this article and the regulations of the Board of Animal Health. If the sheriff of any county shall neglect, fail or refuse to render this assistance when so required, he shall be guilty of a misdemeanor, and be punishable as in other cases of malfeasance or misfeasance in office.

SECTION 42. Section 69-15-331, Mississippi Code of 1972, is brought forward as follows:

69-15-331. (1) Except as otherwise provided in the particular sections of this chapter, any person, firm or corporation violating any of the provisions of Articles 1, 3, 5 and 7 of this chapter, or any of the rules and regulations of the Board of Animal Health or interfering with any duly appointed officer of said board in the discharge of his duty, or for having discharged his duties, shall be subject to the provisions of Sections 69-15-53 through 69-15-69.

(2) When necessary to effect the purposes of this chapter, in addition to all other remedies in law or equity, the Commissioner of Agriculture and Commerce may and is hereby authorized to petition the chancery court for an injunction to prevent any violation of the provisions of this chapter, or the continuance of any such violation or to enforce compliance herewith. The chancery court is hereby vested with authority to entertain jurisdiction on any such petition to determine the cause and to issue such process as may be necessary to accomplish the purposes of this chapter.

SECTION 43. Section 69-17-3, Mississippi Code of 1972, is brought forward as follows:

69-17-3. No person, firm or corporation shall sell or offer for sale any biologics, drugs, remedies, tonics, medicine or other health preparation in the State of Mississippi designed for or to be administered to any livestock, poultry or any other animals until same has been registered with and approved for distribution by the Board of Animal Health as herein provided for. Nothing in this article shall be construed to prevent the sale of any antibiotics by any concern to farmers or livestock owners.

SECTION 44. Section 69-17-9, Mississippi Code of 1972, is brought forward as follows:

69-17-9. The application for registration shall be made in such form and contain such information as may be prescribed by the Board of Animal Health of the State of Mississippi and shall give in detail the composition of the preparation, the safety of its use, recommendations and directions for use, claims of effectiveness and proof of all claims, and shall include an official product label and any other evidence which the said board considers necessary in determining eligibility of registration in compliance with this article.

SECTION 45. Section 69-17-11, Mississippi Code of 1972, is brought forward as follows:

69-17-11. The said Board of Animal Health is hereby authorized and directed to promulgate rules and regulations not inconsistent with this article, which may be necessary to its effective administration.

SECTION 46. Section 69-17-13, Mississippi Code of 1972, is brought forward as follows:

69-17-13. The said Board of Animal Health and its authorized representatives shall have the right to inspect, investigate, sample and seize in accordance with lawful procedure any product covered by this article.

SECTION 47. Section 69-17-201, Mississippi Code of 1972, is brought forward as follows:

69-17-201. (1) It shall be unlawful for any person, firm, corporation or association to have in possession or keep, sell or offer for sale, barter, exchange, give away or otherwise dispose of hog cholera virus, except at Mississippi State University of Agriculture and Applied Science and under the supervision of a licensed veterinarian and with a special written permit issued by the Board of Animal Health. "Hog cholera virus" means an unattenuated virus administered to swine for the purpose of immunizing such swine from the disease known as hog cholera.

(2) Any person, firm, corporation or association violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be fined not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00).

SECTION 48. Section 73-39-19, Mississippi Code of 1972, is brought forward as follows:

73-39-19. (1) After a hearing held as set out in this chapter, the board, on concurrence of three (3) members, shall have the right and power to revoke or suspend the license of a veterinarian, or the certificate of an animal technician and may place said veterinarian or technician on prohibition conditioned on future good conduct and compliance with this chapter, and may impose an administrative fine not to exceed One Thousand Dollars ($1,000.00) for each such separate offense, for any of the following reasons:

(a) Insanity or mental incompetence or an adjudication of insanity or mental incompetence by a court of competent jurisdiction.

(b) Chronic inebriety or habitual use of drugs, or any adjudication by a court of competent jurisdiction that such veterinarian is an alcoholic or habitual user of drugs. Decrees of divorce shall not be construed as an adjudication that a veterinarian is an alcoholic or habitual user of drugs.

(c) A final conviction of a felony or of an offense involving moral turpitude by a court of competent jurisdiction.

(d) Fraud or dishonesty in the application or reporting of any test for disease in animals, including intentional misrepresentation on any forms filed with any governmental agency.

(e) Failure to report or making a false report of any contagious or infectious disease required by state or federal law to be reported.

(f) Dishonesty, intentional misrepresentation or gross negligence in the inspection of foodstuffs or the issuance of health or inspection certificates.

(g) The refusal of licensing authority of another state to issue or renew a license, permit or certificate to practice veterinary medicine in that state or the revocation, suspension or other restriction imposed on a license, permit or certificate issued by such licensing authority which prevents or restricts practice in that state; further, any probationary status imposed by another state which had the offense occurred in this state would have been a violation of this chapter.

(h) The employment of fraud, misrepresentation or deception in obtaining a license.

(i) The use of advertising or solicitation which is false or misleading or is deemed unprofessional under rules or regulations adopted by the board.

(j) Incompetence, gross negligence, cruelty or gross malpractice in the practice of veterinary medicine.

(k) Employing any person practicing veterinary medicine unlawfully with the knowledge of such illegal practice by said employee.

(l) Failure to keep veterinary premises and equipment in a clean and sanitary condition.

(m) Cruelty to animals in the practice of veterinary medicine.

(n) Unprofessional or unethical conduct as defined in regulations adopted by the board.

(o) Administering, dispensing or prescribing any narcotic drug having addiction-forming, addiction-sustaining or habituating liability otherwise than in the course of legitimate professional practice.

(p) Conviction of violation of any federal or state law regulating the possession, distribution or use of any narcotic drug or any drug considered a controlled substance under state or federal law.

(q) Obtaining or procuring, or attempting to obtain or procure by misrepresentation, fraud, deception or subterfuge, any narcotic or drug classified as a controlled substance.

(r) Making or causing to be made any false claims concerning the licensee's professional excellence.

(s) Being guilty of any dishonorable or unethical conduct likely to deceive, defraud or harm the public.

(t) Refusing to permit the board or any legal representative of the board to inspect the business premises of the licensee during regular business hours.

(u) Failure to complete requirement of continuing education.

(2) A certified copy of any judgment of conviction or finding of guilt by a court of competent jurisdiction or by a governmental board or agency authorized to issue licenses or permits, including the United States Department of Agriculture, Animal and Plant Health Inspection Service, the Mississippi Board of Animal Health and the Mississippi State Board of Health, of a veterinarian or animal technician of any of the matters listed in paragraph (a), (b), (c), (d), (e), (f) or (g) of subsection (1) shall be admissible in evidence in any hearing held by the board to discipline such veterinarian and shall constitute prima facie evidence of the commission of any such act.

(3) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license or certificate of any licensee or certificate holder for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license or certificate for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license or certificate suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license or certificate suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

SECTION 49. Section 69-1-14, Mississippi Code of 1972, is brought forward as follows:

69-1-14. (1) The Commissioner of Agriculture and Commerce is hereby authorized and empowered to employ an attorney to represent the Department of Agriculture and Commerce and to fix his compensation subject to the approval of the state personnel board. Said attorney shall be a full-time employee of the department of agriculture and commerce and shall be furnished such office space and clerical assistance as shall be necessary. In addition to his duties with the Department of Agriculture and Commerce, said attorney shall represent the Board of Animal Health, the Mississippi State Fair Commission and the Mississippi Central Market Board. The salary and expenses of said attorney shall be paid from any funds available to the Department of Agriculture and Commerce, the Board of Animal Health, the Mississippi Fair Commission and the Mississippi Central Market Board in a ratio commensurate with the services provided by said attorney to each of the said agencies.

(2) The Department of Agriculture and Commerce, the Board of Animal Health, the Mississippi Fair Commission and the Mississippi Central Market Board are hereby authorized and empowered to expend such sums from any funds available for the purposes of paying the salary and expenses of the attorney provided for in subsection (1).

SECTION 50. Section 69-11-13, Mississippi Code of 1972, is brought forward as follows:

69-11-13. In addition to other quarantine powers now authorized by law, the commissioner, the State Veterinarian, or any authorized employee of the State Board of Animal Health are hereby authorized and empowered to quarantine any premises, area or enclosure on which swine are fed with garbage and no person shall move or allow to be moved any swine from any quarantined premises or areas except under conditions and requirements prescribed under rules and regulations promulgated by the commissioner. Quarantine notices and orders shall be served upon owners or persons having possession of swine in the manner now provided by law for quarantining premises on which diseased livestock are kept.

SECTION 51. Section 69-13-7, Mississippi Code of 1972, is brought forward as follows:

69-13-7. If two (2) or more adjoining counties shall at an election called pursuant to Section 69-13-1, vote against the state-wide stock law, then in such case, no fence or other barrier along the boundary lines of such county shall be necessary. However, in the event that two (2) or more counties shall at such an election vote against the state-wide stock law, but an adjoining county or counties shall elect to remain under the provisions of the state-wide stock law, then the county or counties voting against the state-wide stock law shall, at its or their own proper cost and expense, before the provisions hereof shall become effective in such county or counties, build and erect and maintain along the line or lines of such counties a good and substantial fence or other sufficient barrier to prevent the intrusion of all such livestock mentioned in Section 69-13-1 as are permitted by the provisions of said section in such county or counties voting against the state-wide stock law, over, on, and upon the territory of the county or counties remaining under the provisions of the state-wide stock law. The fence herein provided shall be a fence satisfactory to and prescribed by the Board of Animal Health, but no cattle guard or other obstruction shall be constructed or placed on any state highway. However, any infested county must provide watchmen night and day at such points to prevent cattle from passing through the gap where county fences would cross state highways.

SECTION 52. Section 69-13-13, Mississippi Code of 1972, is brought forward as follows:

69-13-13. If any county in the State of Mississippi by vote comes from under the provisions of the present state-wide stock law, and said county thereafter becomes tick infested, all expenditures in connection with the tick eradication in said county or tick infested area or areas, must be paid from the funds of said county, except the salary and expenses of the state officers and agents. Furthermore, any county that comes from under the state-wide stock law under the provisions of Sections 69-13-1 through 69-13-27 and becomes infested with the Texas fever tick, the same shall, on complaint of the Board of Animal Health, go back under the provisions of the state-wide stock law.

SECTION 53. Section 69-13-15, Mississippi Code of 1972, is brought forward as follows:

69-13-15. Any livestock as referred to in Section 69-13-1, found running at large upon the lands of any other person than the owner or custodian of such stock, may be taken up by any sheriff, constable, marshal, or other peace officer of the state within his territorial jurisdiction, and confined within a safe enclosure. If such animal, or animals, taken up be infested with, or exposed to Texas fever tick, they may be dipped by such officers, or persons, having such animal, or animals, so confined, until said livestock are free from infestation, and said dipping shall be under the rules and regulations prescribed by the Board of Animal Health as near as possible. And the charges for so taking up and confining, together with any damage done by said stock, if any, shall be a special, first and paramount lien upon said livestock, and unless same are paid by the owner, or persons having such livestock under his control, when so notified, such livestock shall be sold as estrays, and the cost of taking up and confining, and damages, if any, together with other costs and expenses, shall first be deducted, and the balance, if any, shall be paid to the owner, or person having such livestock under his control, and the officer, or person, taking up such livestock, in addition to all other charges as now allowed by law, shall receive Fifty Cents (504) per head for each dipping of each animal infested with or exposed to fever tick.

SECTION 54. This act shall take effect and be in force from and after July 1, 1998.