Section 267.603

Title XVII AGRICULTURE AND ANIMALS

Chapter 267

Effective - 04 May 1989, see footnote   

  267.603.  Quarantined livestock testing — violations of orders — hearing — witnesses, fees and mileage — penalties, fines — appeals — fines credited to enforcement and administration fund. — 1.  Any owner or custodian of livestock placed under quarantine may be required by the state veterinarian to test or retest such livestock for disease, in accordance with the terms and conditions and upon such schedule as the state veterinarian shall designate in his order of quarantine.  In the event that disease is discovered in any such livestock the owner thereof shall comply with the order of the state veterinarian in effecting the removal, disposition, or cure of any such diseased livestock, or animals or birds exposed thereto, in the manner and in the time period designated in such orders.

  2.  Any person who violates an order of the state veterinarian issued under this section may be summoned by the director to a hearing to be held in the county where the livestock are quarantined to be set not later than twenty days from the date of summons.  At the hearing, such person and the state shall have the opportunity to present in person or by counsel such statements, testimony, evidence and argument as may be pertinent to the charges or to any defense.  The director may subpoena any persons or documents incident to the hearing, the director or his designated representative may take testimony orally, by deposition or by exhibit, in the same manner and with the same fees and mileage as prescribed in judicial proceedings in civil cases.  The director or his designated representative may also administer oaths to those giving evidence.  Following the hearing the director may:

  (1)  Assess a civil penalty in an amount not to exceed one thousand dollars for each violation and a penalty not to exceed five hundred dollars for each day such person fails to implement tests for disease or effect the removal, disposal or cure of livestock subject to prior order of quarantine; or

  (2)  Dismiss the case.

  3.  Any person aggrieved by a decision of the director after a hearing pursuant to this section may appeal to the circuit court for a trial de novo in the county where the livestock are quarantined.  All penalties assessed under this section shall be credited to the livestock dealer law enforcement and administration fund.

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(L. 1989 S.B. 300)

Effective 5-04-89