TITLE 3

Agriculture

Domestic and Foreign Animals, Birds, Reptiles and Insects

CHAPTER 71. ANIMAL HEALTH


(a) The Department of Agriculture shall protect the health of the domestic animals of the State, and determine and employ the most efficient and practical means for the detection, prevention, suppression, control or eradication of dangerous, contagious or infectious diseases among the domestic animals, to include a blood test and injection test for the determination of the existence of any contagious or infectious disease. For these purposes it may establish, maintain, enforce and regulate such quarantine and other measures relating to the movement and care of animals and their products, the disinfection of suspected localities and articles and the destruction of animals, as it deems necessary, and may adopt from time to time all such regulations as are necessary and proper for carrying out the purposes of this chapter and Chapter 73 of this title. In the case of any contagious disease, the Department or its authorized agents may put under quarantine the entire herd containing the suspected or diseased animal or animals.

(b) Where this section is in conflict with Chapter 63 of this title, this section shall control.

26 Del. Laws, c. 78, § 2; Code 1915, § 684; 32 Del. Laws, c. 33, § 4; Code 1935, § 607; 3 Del. C. 1953, § 7101; 52 Del. Laws, c. 281, § 1; 57 Del. Laws, c. 764, § 24; 66 Del. Laws, c. 157, § 1.;

(a) The Department of Agriculture may appoint and employ such assistants and agents, and may purchase such supplies and materials as are necessary in carrying out this chapter and Chapter 73 of this title. The Department and the members thereof may administer oaths or affirmations to the appraisers appointed under § 7107 of this title.

(b) The Department may order and conduct such examinations into the conditions of the livestock of the State in relation to contagious diseases, including the milk and meat supplies of cities, towns, boroughs and villages, as seem necessary, and take proper measures to protect milk and meat supplies from contamination.

26 Del. Laws, c. 78, § 6; Code 1915, § 688; 32 Del. Laws, c. 33, § 6; Code 1935, § 611; 3 Del. C. 1953, § 7102; 57 Del. Laws, c. 764, § 24.;

No person shall buy, sell or administer any modified live virus hog-cholera vaccine in this State.

3 Del. C. 1953, § 7103; 57 Del. Laws, c. 689, § 1; 57 Del. Laws, c. 764, § 24.;

(a) The Department of Agriculture or any member thereof, or any of their duly authorized agents, may enter any premises, farms, fields or pens, where any domestic animals are at the time quartered, for the purpose of examining them in any way that is deemed necessary to determine whether they are or were the subjects of any contagious or infectious diseases.

(b) For purposes of this section, it shall be the duty of the owner or custodian of any animals proposed to be examined, to adequately restrain and confine said animals in an area accessible to the examiner and so designated by him or her on the premises.

26 Del. Laws, c. 78, § 4; Code 1915, § 686; Code 1935, § 609; 3 Del. C. 1953, § 7104; 52 Del. Laws, c. 281, § 2; 57 Del. Laws, c. 689, § 2; 57 Del. Laws, c. 764, § 24; 70 Del. Laws, c. 186, § 1.;

Whoever wilfully violates this chapter or Chapter 73 of this title, or any regulations of the Department of Agriculture, or wilfully interferes with officers appointed under said chapters, shall, if no other penalty is provided by law, be fined not more than $100 or imprisoned not more than 30 days, or both.

26 Del. Laws, c. 78, § 5; Code 1915, § 687; 32 Del. Laws, c. 33, § 5; Code 1935, § 610; 3 Del. C. 1953, § 7105; 57 Del. Laws, c. 764, § 24.;

All necessary expenses of the Department of Agriculture under this chapter and Chapter 73 of this title shall, upon approval in writing by the Governor, be paid by the State Treasurer.

25 Del. Laws, c. 48; 26 Del. Laws, c. 78, § 7; Code 1915, § 689; Code 1935, § 612; 3 Del. C. 1953, § 7106; 57 Del. Laws, c. 764, § 24.;

(a) Except as otherwise provided in Chapter 73 of this title, when it is deemed necessary to condemn and kill any animal or animals to prevent the further spread of disease, and an agreement cannot be made with the owners for the value thereof, 3 appraisers shall be appointed, 1 by the owner, 1 by the Department of Agriculture or its authorized agent, and the third by the 2 so appointed. The appraisers shall, under oath or affirmation, appraise the animal or animals, taking into consideration their actual value and condition at the time of appraisement, and the appraised price shall be paid in the same manner as other expenses of the Department. Under such appraisement not more than $50 shall be paid for any infected animal of grade or common stock, not more than $100 for any infected animal of registered stock, not more than $40 for any horse or mule of common or grade stock, and not more than 50 percent of the appraised value of any standard bred registered or imported horse.

(b) Notwithstanding the provisions of subsection (a) of this section, in no event shall the State be liable or otherwise legally obligated to pay compensation to any person(s) or other entities in any amount exceeding $5 million during any single state fiscal year as a result of the State's having ordered the destruction of any poultry to prevent the spread of disease.

26 Del. Laws, c. 78, § 3; Code 1915, § 685; Code 1935, § 608; 3 Del. C. 1953, § 7107; 57 Del. Laws, c. 605; 57 Del. Laws, c. 764, § 24; 69 Del. Laws, c. 64, § 251.;

(a) No person shall feed garbage to hogs in this State except as provided in subsection (c) of this section.

(b) For the purposes of this section "garbage" means putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods, swine carcasses and parts thereof, but not to include waste exclusively vegetable in nature.

(c) This section shall not apply to any individual farmer who feeds only his or her own household garbage to hogs which are raised for such individual farmer's own use.

(d) Whoever wilfully violates this section shall be fined not less than $200 and not more than $500. Each day's violation shall be considered a separate offense.

(e) Justices of the peace shall have original jurisdiction to hear, try and finally determine alleged violations of this section.

3 Del. C. 1953, § 7108; 49 Del. Laws, c. 309; 57 Del. Laws, c. 689, § 3; 59 Del. Laws, c. 127, § 1; 70 Del. Laws, c. 186, § 1.;