CHAPTER 82 - STATE BOARD OF AGRICULTURE RELATING TO PAYMENT OF STATE INDEMNITY FOR BANG'S DISEASE

AN ACT TO PROVIDE FOR THE PAYMENT OF STATE INDEMNITY FOR BANG'S DISEASE REACTORS, TO COMBINE THE BANG'S DISEASE AND BOVINE TUBERCULOSIS ERADICATION APPROPRIATIONS, AND TO PROVIDE FOR BANG'S DISEASE FREE MODIFIED ACCREDITED AREAS:

WHEREAS, "Bang's Disease," formerly known as "contagious or infectious abortion" in cattle has become a serious menace to the cattle industry in the State, is of vital economic importance to the cattle owners in the State, and has seriously affected the interstate trade in dairy cattle; and,

WHEREAS, the United States Bureau of Animal Industry provides a fund to be expended in Delaware to assist in the control of this disease; and

WHEREAS, the Delaware cattle owners have requested that the Delaware State Board of Agriculture assist them in this project, therefore

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That the sum of Thirty Thousand Dollars ($30,000.00) be appropriated annually to the State Board of Agriculture for the purpose of paying indemnity, not to exceed twenty dollars ($20.00) on any grade animal or Forty Dollars ($40.00) on any registered pure bred animal, in addition to the Federal indemnity, on any cattle which react to the Bang's Disease test, under State-Federal supervision.

Section 2. That this fund be added to the appropriation provided for the "Eradition of Bovine Tuberculosis and Bang's Disease," and that such combined appropriation be entitled "The Control and Eradition of Contagious and Communicable Diseases of Livestock."

Section 3. That, when any owner of cattle in the State shall place his herd of cattle under State-Federal supervision for the eradication of Bang's Disease, and shall sign the Federal agreements for the testing of his herd, the blood samples from his cattle shall be taken by a veterinarian designated by the Board and tested in the Laboratory of the State Board of Agriculture or a Laboratory officially designated by the Board, by the agglutination test, and all animals which show a positive reaction to this test shall be identified by a "reactor" ear tag and brand, and shall be slaughtered, under Federal or State supervision. Animals showing a suspicious reaction to the Agglutination Test shall be held for sixty (60) days and retested.

Section 4. Any animal condemned for Bang's Disease shall be appraised and slaughtered by direction of the State Board of Agriculture or its duly appointed agent. Such appraisal shall be made in accordance with the market value of the animal by a person designated by the Board. The State indemnity shall be paid out of any funds designated for that purpose, but shall not exceed Twenty Dollars ($20.00) for any grade animal or Forty Dollars ($40.00) for any registered pure bred animal. The salvage obtained from the sale of hides and carcasses of these condemned animals shall in all cases revert direct to the owner. The balance of the appraisal, after the deduction of the salvage and the amount of the Federal indemnity, and not exceeding the State indemnity limit, shall be paid by the States; provided, however, that in no case, shall the total of the salvage Federal indemnity, and State indemnity exceed the total appraised value of the animal.

Section 5. The owner shall clean and disinfect the premises where reactors to the Agglutination Test for Bang's Disease have been found and removed, at his own expense, in accordance with instructions from the representative of the State Board of Agriculture, who shall inspect the said premises.

Section 6. If it is shown beyond a reasonable doubt that Bang's Disease exists in a herd of cattle, and the owner refuses to sign an agreement placing his herd under supervision of the State Board of Agriculture for the, eradition of the disease, or refuses to have any reactors to the Bang's Disease test slaughtered at the direction of the Board, the Secretary of the State Board of Agriculture or his agent shall place such premises under quarantine by written notice and no cattle shall be allowed to be removed or any additions made to the herd while it is under such quarantine.

Section 7. When seventy-five per centum (75%) of the cattle owners in any county, hundred, district, or other designated area have tested herds of cattle or have made application to have their herds tested and are sufficiently interested in the work to cooperate with the State Board of Agriculture to the extent of making such county, hundred, district, or other designated area to become a "modified accredited area," and to comply with the State and Federal regulations in order to keep their own herds clean and to bring into such area only cattle which have been tested in accordance with the State and Federal regulations, the State Board of Agriculture shall have power, at such times as it is deemed advisable and expedient by the Board, to serve notice that such area shall be placed under quarantine and shall commence Bang's Disease testing under the area plan without expense to the owner, to the extent of funds available, providing the owners agree to comply with the provisions of this act and all orders, rules, and regulations formulated thereon.

Section 8. When seventy-five per centum (75%) of the cattle owners in any county, hundred, district, or other designated area have tested herds of cattle or have filed petitions and agreements with the State Board of Agriculture for the Bang's Disease testing of their cattle under the area or any other plan of testing approved by the State Board of Agriculture, the State Board of Agriculture "may quarantine all cattle on the premises of the remaining twenty-five per centum (25%) and may quarantine all products from such cattle, so that no cattle or products may be removed from such premises. When the owner of such cattle shall have complied with all rules and regulations or orders of the State Board of Agriculture, the State Board of Agriculture may remove the quarantine."

Section 9. Whenever a county, hundred, district, or other designated area has become enrolled in the area or any other plan of testing approved by the State Board of Agriculture, no cattle shall be brought into or moved within such county, hundred, district, or other designated area except as provided in the rules and regulations prescribed by the State Board of Agriculture.

Section 10. No person or persons shall treat any cattle with a material or substance for the purpose of interfering with a Bang's Disease test, or shall interfere in any way with a representative of the State Board of Agriculture who is making or assisting with a Bang's Disease test or shall alter or change an ear tag or other mark of identification for the purpose of concealing the identity of any cattle, or shall otherwise attempt to interfere with the identification of any cattle.

Section 11. When the percentage of Bang's Disease infected cattle within a county, hundred, district, or other designated area enrolled in the area or any other plan of Bang's Disease testing approved by the State Board of Agriculture, as shown by the last preceding Bangs Disease test of all breeding and dairy cattle within the county, hundred, district, or other designated area is reduced to meet the requirements of a "Modified Accredited Area," as officially defined by the United States Department of Agriculture, the State Board of Agriculture shall apply to the United States Department of Agriculture for the certification of such county, hundred, district, or other designated area as a "Modified Accredited Area."

Section 12. Any owner of cattle enrolled in the area or any other plan of testing approved by the State Board of Agriculture who fails or refuses to have his animals retested when notified by the State Board of Agriculture shall be considered as violating his agreement and shall become subject to the penalty provided herein.

Section 13. For the proper enforcement of the provisions of this Act, the State Board of Agriculture is hereby authorized and empowered to make and enforce orders, rules and regulations for the control and eradication and to prevent the spread of Bang's Disease or any other contagious or infectious disease to the cattle of the State; and issue any quarantine orders that may be deemed necessary to prevent the entrance of cattle affected with a contagious or infectious disease. Any person or persons violating any of the provisions of this Act or any order, rule or regulation made by the State Board of Agriculture under the provisions of this Act shall be subject to the penalty hereinafter provided.

Section 14. Any person, co-partnership, association, or corporation violating any provision of this Act, or any rule or, regulation promulgated by the State Board of Agriculture under the authority of this Act, shall be subject to a fine of not less than Fifty Dollars ($50.00) nor more than one hundred dollars ($100.00) for the first offense, and not less than One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00) for any subsequent offense, or, in default of fine, to imprisonment for not less than ten (10) days nor more than thirty (30) days, besides the costs of prosecution, to be collected by summary conviction before any Justice of the Peace, as like fines and costs are now collected; provided, however, that any person so convicted shall have the right of appeal as in like cases before a Justice of Peace. The fines collected under this Act shall be paid forthwith to the State Treasurer and deposited in the General Fund.

Section 15. That, in order that the cattle owners of the State may have immediate benefit of this Act, the State Board of Agriculture is hereby authorized and empowered to begin Bang's Disease testing under the provisions of this Act immediately, paying the State indemnity from the funds already appropriated for the eradication of Bovine Tuberculosis and Bang's Disease, in accordance with the provisions of this Act, in so far as these funds shall permit, until the appropriation provided by this Act becomes available, on July 1, 1937.

Approved April 15, 1937.