Chap. 423.—An ACT to amend and re-enact Sections 910, 915, 916 and 918 of the
Code of Virginia, relating to the functions, powers and duties of the State
veterinarian and assistant veterinarians, and to the prevention, control and
eradication of contagious and infectious diseases of live stock and poultry, and
prescribing penalties for certain violations. [S B 101]

Approved April 1, 1940

1. Be it enacted by the General Assembly of Virginia, That
sections nine hundred and ten, nine hundred and fifteen, nine hundred
and sixteen and nine hundred and eighteen of the Code of Virginia,
be amended and re-enacted so as to read as follows:

Section 910. It shall be the duty of the State veterinarian at any
time, upon receipt of reliable information of the existence among
domestic animals or poultry of the State of any infectious or contagious
disease, to go at once, or order an assistant veterinarian to go, to the
place where such disease is alleged to exist for the purpose of making
a careful examination of the animals or poultry believed to be affected
with such disease, and ascertain, if possible, what, if any, disease
exists, and whether the same is contagious or infectious; and, if said
disease is found to be contagious or infectious, said State veterinarian,
or an assistant, may adopt and enforce such quarantine lines and
regulations and shall enforce such cleaning and disinfection of premises,
cars or vehicles, as may be deemed necessary to prevent the spread
of such disease, which quarantine lines, and regulations, when so
adopted, shall supersede any similar provisions made by the board of
supervisors of any county under the provisions of section twenty-seven
hundred and forty-three of the Code of Virginia. And no domestic
animals or poultry infected with disease or which has been exposed to
such disease, or is otherwise capable of communicating the disease,
shall be permitted to enter or leave the district, premises or grounds
so quarantined, except by authority of the State veterinarian.

Persons exposed to animal and poultry diseases which, in the
opinion of the State veterinarian, may be transmitted by such persons
to animals or poultry, may be quarantined when, in the opinion of the
State veterinarian, such quarantine will prevent the spread of such
diseases among livestock or poultry.

The board or the State veterinarian shall also, from time to time,
give and enforce such directions and prescribe such rules and regula-
tions as to separating, feeding and caring for diseased or exposed
animals or poultry as shall be necessary to prevent the animals or
poultry so affected with such disease, or capable of communicating
disease, from coming in contact with other animals or poultry not so
affected. And the said veterinarians are authorized and empowered
to enter upon any grounds or premises to carry out the provisions of
this section. The State veterinarian, or an assistant veterinarian, may
give such notice as may be necessary to make the quarantine effective.

Any person who shall fail to do any of the things required of him
in this section, or fail or refuse to allow the State veterinarian or his
agent to do or to perform any duty required of him by this section, or
who shall violate any of the rules and regulations authorized by this
section, or who shall violate quarantines established by virtue of this
section, shall be deemed guilty of a misdemeanor, and shall be pun-
ished by a fine of not less than one hundred dollars nor more than five
hundred dollars.

Section 915. In every county where the State veterinarian knows
or suspects tuberculosis or Bang’s disease to exist, the owners or cus-
todians of cattle therein shall, upon demand of the State veterinarian,
be compelled to submit cattle to tests for tuberculosis or Bang’s
disease, on the premises where found, at such time as the State veteri-
narian shall designate after five days’ notice of the day and time to
the custodian and to the owner, or one of the several owners, provided
the owner, or one of the several owners, is in the county at the time of
service on the custodian and the officer serving the notice on the
custodian has actual knowledge of the ownership of the cattle.

Every person to whom the notice aforesaid shall have been given,
shall keep the cattle separate from all other cattle in the enclosure in
which they may then be when notice is received; shall assemble and
have the cattle which are to be tested in reasonably close confinement
on the premises on the day and at the hour appointed in said notice,
and shall assist the persons performing the tests; and any person re-
moving said cattle, or allowing their removal or escape from such
enclosure, or allowing them to come in contact with other animals, or,
without good cause, failing or refusing to confine the cattle subject
to the proposed test, or to assist in the tests, shall be guilty of a mis-
demeanor, and shall be punished by a fine of not less than one hundred
dollars nor more than five hundred dollars.

Section 916. In addition to the amount received for the carcasses
of animals slaughtered, further compensation will be paid to the owners
by the State Board of Agriculture and Immigration out of funds ap-
propriated for that purpose at a rate not exceeding twenty-five dollars
for a grade or unregistered animal and fifty dollars for a pure bred
registered animal, provided that the total amount received by the
owner shall not exceed the appraised value of such animal or animals;
nor shall the amount received by the owner of each animal slaughtered,
out of State appropriation, exceed one-third of the difference between
the appraised and salvage values; and provided, further, that no pay-
ment shall be made on account of the slaughter of any animal which
shall have been imported into the State, unless and until such animal
shall, while within the State of Virginia, have been subjected to and
passed at least one negative test for the disease for which it shall have
been slaughtered; and provided further that no payment shall be
made on the account of the slaughter of any animal if said animal
has been vaccinated with any product or biological preparation con-
taining attenuated or unattenuated Bang’s disease Bacillus organism
prepared as a preventative or remedy for Bang’s disease after the
animal is eights months of age or over, and provided further that no
payment shall be made on account of the slaughter of any animal, if
said animal has been vaccinated with any product or biological
preparation containing attenuated or unattenuated Bang’s bacillus or-
ganisms prepared as a preventative or a remedy for Bang’s disease
before said animal was eight months of age, until the animal shall
have passed one negative test for Bang’s disease not less than eighteen
months after the date of vaccination.

Whenever the owner selling an animal that has been condemned,
to another, is unable to obtain compensation out of State and Federal
appropriations because of the failure of the purchaser to furnish the
seller with such proof of slaughter as may be required, the purchaser
shall, in addition to the agreed purchase price, be liable to the seller
for the amounts he would otherwise receive out of State and Federal
appropriations.

Not more than ten per centum of any funds appropriated by the
State of Virginia for any fiscal year for the purposes herein set forth
shall be expended during such year for cattle so slaughtered in any
one county, unless the Board of Agriculture and Immigration shall
otherwise determine.

Section 918. It shall be unlawful for any person, firm or corpora-
tion to buy, sell or have in possession, or to administer to livestock,
or to permit any other to administer to livestock, any product or
biological preparation containing attenuated or unattenuated spores
or germs of anthrax or attenuated or unattenuated Bang’s bacillus
organisms, commonly called vaccine, prepared as a preventative or
remedy for anthrax or for Bang’s disease, without permission in
writing from the State veterinarian for each such purchase, sale or
administration. Any person or persons permitted to administer any
such product or biological preparation shall furnish the State veter-
narian, within ten days thereafter, a report of such administration,
showing the kind and amount and make or brand of the vaccine used,
when and from whom purchased, where, when and by whom adminis-
tered, including all persons assisting in the administration, together
with a description of all animals to which administered, including the
breed, age and sex of each animal.

Each animal, to which Bang’s disease vaccine is administered, shall
be simultaneously branded by the owner or custodian, for permanent
identification purposes, in a manner to be prescribed by the State
veterinarian, and it shall be unlawful to buy, sell or dispose of any
vaccinated animal, except for immediate slaughter, without a permit
from the State veterinarian. Upon slaughter of any such vaccinated
animal within the State, written notice shall be given, within ten
days after slaughter, to said State veterinarian.

Any person, firm or corporation who shall violate the provisions of
this section, shall be deemed guilty of a misdemeanor, and shall be
punished by a fine of not less than one hundred dollars nor more than
five hundred dollars. |