TITLE 3

Agriculture

Domestic and Foreign Animals, Birds, Reptiles and Insects

CHAPTER 73. CONTROL AND ERADICATION OF CATTLE DISEASES

Subchapter I. Bovine Tuberculosis and Other Cattle Diseases


(a) The importation of dairy cows and other cattle for breeding purposes into the State is prohibited, excepting when such cattle are accompanied by a certificate from an inspector, whose competency and reliability are certified to by the authorities charged with the control of the diseases of domestic animals in the state from whence the cattle came, certifying that they have been examined and subjected to the tuberculin test, and are free from disease, and whose certificate shall be acceptable to the Department of Agriculture.

(b) In lieu of the inspection certificate required by this section, cattle as above specified from points outside the State may, under such restrictions as are provided by the Department, be shipped in quarantine to their destination in the State, there to remain in quarantine, until properly examined at the expense of the owner by a veterinarian to be designated by the Department.

25 Del. Laws, c. 122, §§ 1, 2; Code 1915, § 691; Code 1935, § 613; 3 Del. C. 1953, § 7301; 57 Del. Laws, c. 764, § 25.;

The Department of Agriculture shall enforce § 7301 of this title, and may make such rules and regulations as are necessary and proper for enforcement.

25 Del. Laws, c. 122, § 4; Code 1915, § 691; Code 1935, § 613; 3 Del. C. 1953, § 7302; 57 Del. Laws, c. 764, § 25.;

(a) Whoever violates § 7301 of this title shall, for each offense, be fined not more than $100 or imprisoned not more than 30 days, or both.

(b) Prosecutions under this section shall be brought in the proper court of the county in which such cattle are sold, offered for sale, or delivered to a purchaser.

25 Del. Laws, c. 122, § 3; Code 1915, § 691; Code 1935, § 613; 3 Del. C. 1953, § 7303.;

No person shall bring or have brought into the State any Texas or Cherokee cattle, except for the purpose of slaughtering. All such cattle shall be taken directly from the cars on which they are transported to the abattoir, slaughterhouse or enclosure connected therewith and kept therein until slaughtered. Whoever violates this section shall be fined $20 and costs for each and every head of said cattle brought into the State.

15 Del. Laws, c. 379; 16 Del. Laws, c. 310, § 1; 19 Del. Laws, c. 181, § 1; Code 1915, § 694; Code 1935, § 616; 3 Del. C. 1953, § 7304.;

Whoever sells or disposes of any animal or animals, known to be infected with pleuro-pneumonia, or known to have been exposed thereto within 1 year prior to the sale or disposal, without due notice to the purchaser that the disease exists in the animals, or that they have been exposed thereto, shall be fined not more than $500 or imprisoned not more than 1 year.

17 Del. Laws, c. 630, § 2; Code 1915, § 692; Code 1935, § 614; 3 Del. C. 1953, § 7305.;

Whoever, knowing or having reason to suspect that pleuro-pneumonia exists among the cattle in his possession or under his care, fails to forthwith give notice thereof to the Department of Agriculture, shall be fined not more than $500 or be imprisoned not more than 1 year.

17 Del. Laws, c. 630, § 4; Code 1915, § 693; Code 1935, § 615; 3 Del. C. 1953, § 7306; 57 Del. Laws, c. 764, § 25.;

Cattle which have reacted to the tuberculin test or show marked diagnostic symptoms of tuberculosis shall be condemned and disposed of as directed by the Department of Agriculture. Owners of cattle that have reacted to the tuberculin test or that have been condemned by a representative of the Department of Agriculture or of the United States Bureau of Animal Industry may dispose of the animals in such ways as shall be approved by the Department of Agriculture and may receive for them their salvage value.

Code 1915, § 697B; 31 Del. Laws, c. 10, § 1; 32 Del. Laws, c. 33, § 7; Code 1935, § 620; 3 Del. C. 1953, § 7307; 57 Del. Laws, c. 764, § 25.;

(a) No payment shall be made for any animals destroyed on account of tuberculosis unless the owner has complied with all quarantine and other regulations that are agreed upon by the United States Bureau of Animal Industry and the Department of Agriculture, and unless the owner has executed the forms required by these regulations.

(b) Claims shall not be allowed which arise out of the condemnation of cattle for tuberculosis on a tuberculin test applied by other than a representative detailed by the Department of Agriculture or of the United States Bureau of Animal Industry.

(c) No compensation shall be paid to any owner of tubercular cattle whose entire herd is not under federal and state supervision for the eradication of tuberculosis.

Code 1915, §§ 697F, 697G, 697H; 31 Del. Laws, c. 10, § 1; 32 Del. Laws, c. 33, § 7; Code 1935, §§ 621-623; 3 Del. C. 1953, § 7308; 57 Del. Laws, c. 764, § 25.;

The Department of Agriculture may pay out of the funds appropriated by the General Assembly of the State one half of the difference between the appraised value and the salvage of all cattle that are condemned for tuberculosis by the Department of Agriculture or a veterinarian of the United States Bureau of Animal Industry working in cooperation with the Department of Agriculture. All cattle condemned for tuberculosis shall be appraised in a manner prescribed by the Department of Agriculture. No payment as compensation for any tubercular animal destroyed shall exceed two thirds of the difference between the appraised value of such animal and the value of the salvage thereof; and in no case shall any payment hereunder be more than $125 for any grade animal or more than $150 for any purebred animal, and no payment shall be made unless the owner has complied with all lawful quarantine regulations.

32 Del. Laws, c. 33, § 7; Code 1935, § 619; 42 Del. Laws, c. 81, § 1; 3 Del. C. 1953, § 7309; 57 Del. Laws, c. 764, § 25.;