TITLE 3

Agriculture

Domestic and Foreign Animals, Birds, Reptiles and Insects

CHAPTER 73. CONTROL AND ERADICATION OF CATTLE DISEASES

Subchapter II. Bang's Disease


The Department of Agriculture may take under supervision, whenever the Department deems it advisable, such herds of cattle as the owners request, for the conducting of the blood test for Bang's disease (brucellosis), if the owners requesting this service agree to conform to the rules and regulations promulgated by the Department of Agriculture for the control and eradication of the disease.

38 Del. Laws, c. 45, § 1; Code 1935, § 677; 3 Del. C. 1953, § 7321; 57 Del. Laws, c. 764, § 25.;

For the proper enforcement of this subchapter, the Department of Agriculture may 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 it deems necessary to prevent the entrance of cattle affected with a contagious or infectious disease.

38 Del. Laws, c. 45, § 2; Code 1935, § 678; 41 Del. Laws, c. 82, § 13; 3 Del. C. 1953, § 7322; 57 Del. Laws, c. 764, § 25.;

Upon request of an owner, the Department of Agriculture shall cause any calves in the State to be vaccinated against brucellosis (Bang's disease) when such calves are between the ages of 4 and 8 months except calves in herds under state and federal supervision for the control and eradication of brucellosis and operating under the test and slaughter plan, which calves need not be vaccinated unless the owners so desire. Upon such request, the Department of Agriculture shall assign a federal, state or accredited veterinarian to administer the vaccine furnished by the Department. The Department shall make the necessary rules and regulations for handling and use of the vaccine.

Code 1935, § 678A(a); 46 Del. Laws, c. 264, § 1; 3 Del. C. 1953, § 7323; 57 Del. Laws, c. 764, § 25.;

No person shall move cattle from any premise for other than immediate slaughter unless they have been vaccinated prior to reaching the age of 8 months or unless such animal is negative to an authorized blood agglutination test for brucellosis made within a period of 30 days prior to the date of removal. Such restriction shall not apply to animals in accredited brucellosis-free herds.

47 Del. Laws, c. 355, § 1; 48 Del. Laws, c. 30, § 1; 3 Del. C. 1953, § 7324.;

Each veterinarian authorized to make vaccinations shall report to the Department of Agriculture on forms furnished by it all vaccinations. Every animal vaccinated under this chapter shall have tattooed in his left ear such numerals and letters as the Department of Agriculture authorizes. Any veterinarian not complying with the rules made by the Department of Agriculture for the control and eradication of Bang's disease shall not be assigned any further state work.

Code 1935, § 678A(b); 46 Del. Laws, c. 264, § 1; 47 Del. Laws, c. 355, § 2; 3 Del. C. 1953, § 7325; 57 Del. Laws, c. 764, § 25.;

Any owner of a herd not under state and federal test and slaughter plan may apply to the Department of Agriculture for a herd test for brucellosis for the purpose of determining the extent of infection in such owner's herd so long as not more than 1 such test is made on any 1 herd in any 1 year. Any and all reactors found as a result of the test shall be tagged with react tags, the numbers of which shall by recorded, and shall remain on the premises unless removed for immediate slaughter at an establishment where federal meat inspection is maintained. At the time of such removal, reactors shall be branded with a "B" brand not more than 3 nor less than 2 inches high and a permit issued for removal to slaughter. Reactors found in informational tests shall not be eligible to indemnity unless the owner adopts the test and slaughter plan and fully observes the regulations governing operation under the plan.

Code 1935, § 678A(c); 46 Del. Laws, c. 264, § 1; 3 Del. C. 1953, § 7326; 57 Del. Laws, c. 764, § 25; 70 Del. Laws, c. 186, § 1.;

When any owner of cattle in the State places the owner's herd of cattle under state-federal supervision for the eradication of Bang's disease, and signs the federal agreements for the testing of the owner's herd, the blood samples from the owner's cattle shall be taken by a veterinarian designated by the Department of Agriculture and tested in the laboratory of the Department or a laboratory officially designated by the Department, by the agglutination test. 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 60 days and retested.

41 Del. Laws, c. 82, § 3; 3 Del. C. 1953, § 7327; 57 Del. Laws, c. 764, § 25; 70 Del. Laws, c. 186, § 1.;

Any animal condemned for Bang's disease shall be slaughtered upon the direction of the Department of Agriculture or its duly appointed agent.

41 Del. Laws, c. 82, § 4; 3 Del C. 1953, § 7328; 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 may be condemned for Bang's disease by the Department or a veterinarian of the United States Bureau of Animal Industry working in cooperation with the Department of Agriculture. All cattle which are condemned for Bang's disease shall be appraised in a manner prescribed by the Department of Agriculture. No payment as compensation for any animal with Bang's disease destroyed shall exceed two thirds of the difference between the appraised value of such animal and the value of the salvage thereof. 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, § 7329; 57 Del. Laws, c. 764, § 25.;

The owner shall clean and disinfect the premises where reactors to the agglutination test for Bang's disease have been found and removed, at the owner's own expense, in accordance with instructions from the representative of the Department of Agriculture, who shall inspect the premises.

41 Del. Laws, c. 82, § 5; 3 Del. C. 1953, § 7330; 57 Del. Laws, c. 764, § 25; 70 Del. Laws, c. 186, § 1.;

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 the owner's herd under supervision of the Department of Agriculture for the eradication of the disease, or refuses to have any reactors to the Bang's disease test slaughtered at the direction of the Department, the Secretary of the Department or the Secretary's 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.

41 Del. Laws, c. 82, § 6; 3 Del. C. 1953, § 7331; 57 Del. Laws, c. 764, § 25; 70 Del. Laws, c. 186, § 1.;

When 75 percent 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 Department of Agriculture to the extent of making such county, hundred, district, or other designated area 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 Department of Agriculture may, when it deems such action advisable and expedient, serve notice that such area shall be placed under quarantine and the Department 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 this subchapter and all orders, rules and regulations formulated thereunder.

41 Del. Laws, c. 82, § 7; 3 Del. C. 1953, § 7332; 57 Del. Laws, c. 764, § 25.;

When 75 percent 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 Department of Agriculture for the Bang's disease testing of their cattle under the area or any other plan of testing approved by the Department, the Department may quarantine all cattle on the premises of the remaining 25 percent 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 has complied with all rules and regulations or orders of the Department of Agriculture, the Department may remove the quarantine.

41 Del. Laws, c. 82, § 8; 3 Del. C. 1953, § 7333; 57 Del. Laws, c. 764, § 25.;

Whenever a county, hundred, district, or other designated area has become enrolled in the area or any other plan of testing approved by the Department 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 Department.

41 Del. Laws, c. 82, § 9; 3 Del. C. 1953, § 7334; 57 Del. Laws, c. 764, § 25.;

No person 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 Department 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.

41 Del. Laws, c. 82, § 10; 3 Del. C. 1953, § 7335; 57 Del. Laws, c. 764, § 25.;

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 Department of Agriculture, as shown by the last preceding Bang's 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 Department 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."

41 Del. Laws, c. 82, § 11; 3 Del. C. 1953, § 7336; 57 Del. Laws, c. 764, § 25.;

Any owner of cattle enrolled in the area or any other plan of testing approved by the Department of Agriculture who fails or refuses to have the owner's animals retested when notified by the Department shall be considered as violating the owner's agreement and shall become subject to the penalty provided in § 7338 of this title.

41 Del. Laws, c. 82, § 12; 3 Del. C. 1953, § 7337; 57 Del. Laws, c. 764, § 25; 70 Del. Laws, c. 186, § 1.;

(a) Whoever violates this subchapter, or any rule or regulation promulgated hereunder, shall, unless otherwise provided in this subchapter, be fined not less than $50 nor more than $100 for the first offense, and not less than $100 nor more than $200 for any subsequent offense, or, in default of fine, shall be imprisoned not less than 10 nor more than 30 days, besides the costs of prosecution.

(b) Justices of the peace shall have jurisdiction of offenses under this section.

(c) There shall be a right of appeal to the Court of Common Pleas from convictions under this section as in like cases before a justice of the peace.

(d) The fines collected under this section shall be paid forthwith to the State Treasurer and deposited in the General Fund.

41 Del. Laws, c. 82, § 14; 3 Del. C. 1953, § 7338; 69 Del. Laws, c. 423, § 4.;