From the Annotated Code of Maryland - for the complete code, go to
http://www.dsd.state.md.us/comar/Annot_Code_Idx/AGIndex.htm
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§ 3-101.
(a) The Secretary
shall protect the health of the domestic animals of the State from all contagious
or infectious diseases. For this purpose, the Secretary may:
(1)
Adopt and enforce quarantine, sanitary, or other rules and regulations he deems
necessary;
(2)
Make and prosecute diligent inquiries in the several counties to ascertain the
exact condition of the health of the livestock; and
(3)
Notwithstanding § 3-102, prohibit the importation from another state of
any animal he has reason to believe is infected with or has been exposed to
a contagious or infectious disease and detain the animal at any place for inspection
or quarantine.
(b) The Secretary
may establish, maintain, and enforce a quarantine order if he determines it
is urgent and necessary for the prompt performance of the provisions provided
in this section.
(c) The Secretary
may adopt rules and regulations governing the importation of domestic animals
into the State from another state.
(d) (1)
Except as provided in paragraph (2) of this subsection, the Secretary shall
maintain all animal health diagnostic or analytical reports and reports filed
under an animal health program established by the Secretary in a manner that
protects the identity of the animal owner.
(2)
(i) If the Secretary determines that the disclosure
is necessary to protect the public health or prevent the spread of an infectious
or contagious disease, the Secretary may disclose identifying information.
(ii) In determining whether disclosure is necessary
to protect the public health or prevent the spread of an infectious or contagious
disease, the Secretary shall consult with the Secretary of Health and Mental
Hygiene.
§
3-102.
If the Secretary presents facts to the Governor
showing the existence of any contagious or infectious disease among domestic
animals of another state, the Governor, by proclamation, may declare any state
or any geographical area of it, in quarantine. During the quarantine no person
may bring into the State from a quarantined area any animal of the kind so infected.
§ 3-103.
(a) The Secretary
may cooperate with the Department of Agriculture of the United States or other
properly constituted agency of the federal government, to eradicate or control
any contagious or infectious disease among livestock or poultry in the State,
if the agreement provides that any work shall be controlled by the State.
(b) In the event
of an epidemic of contagious or infectious disease among livestock or poultry
in the State, the Secretary may appoint the assistants necessary to suppress
promptly the epidemic. The Secretary shall fix compensation for the assistants.
§
3-104.
(a) Every local
health authority of every county shall investigate each reported case of contagious
or infectious disease of livestock or poultry in the county. If the authority
finds a contagious or infectious disease, it shall report to the Secretary.
(b) Any person
practicing veterinary medicine in the State shall report immediately to the
Secretary any contagious or infectious disease among livestock or poultry of
which he has knowledge. The report shall be in writing, and include a description
of each animal affected, the name and exact address of the owner or person in
charge of the animal, if known, the exact location of the animal, and the number
of susceptible domestic animals that have been exposed to the disease. The report
shall be made within 48 hours after the person knows of the disease.
§
3-105.
(a) To prevent
the spread of contagious or infectious diseases, the Secretary, or his agent,
may:
(1)
Visit at any time the location in any county where he has reason to believe
any contagious or infectious disease may exist;
(2)
Test any animal for any contagious disease by any method;
(3)
Order every animal which has been exposed to a contagious or infectious disease
to be isolated in the manner he deems necessary to prevent the spread of the
disease;
(4)
Order any location where any contagious or infectious disease has existed or
presently exists to be quarantined, so that no domestic animal of the same species
may be removed from or brought to the quarantined premises until it is properly
disinfected;
(5)
Issue any order he deems necessary or expedient to prevent the communication
of any infectious or contagious disease from the quarantined area;
(6)
Issue an order requiring the destruction of any animal infected with or exposed
to an infectious or contagious disease, and for the proper destruction of its
hide or carcass, and any object which might carry infection or contagion;
(7)
Issue an order requiring disinfection of every building, premises, vehicle,
and every object which may breed or convey any infectious or contagious disease;
(8)
Destroy any building or article that is contaminated and incapable of proper
disinfection;
(9)
Modify, cancel, or withdraw the terms of any order the Secretary issues pursuant
to this subtitle; and
(10)
Institute a livestock patrol along the State borders to prevent any livestock
affected with any contagious or infectious disease from being brought into the
State contrary to the laws regulating shipment of livestock into the State.
(b) The owner or
his agent shall secure the animal to make it possible for the Secretary or his
agent to apply any test.
(c) The Secretary
may order any sheriff, deputy sheriff, or other law enforcement officer of the
State or of any county to provide information or assist in the execution or
enforcement of any order of the Department.
(d) For the performance
of duties imposed by this section, the sheriff, deputy sheriff, or other law
enforcement officer shall be compensated on a basis of performance of similar
duties under existing laws.
§
3-105.1.
(a) The Secretary
or a designee of the Secretary may apply to a judge of the District Court or
a circuit court for an administrative search warrant to enter any factory, warehouse,
vehicle, building, establishment, or other premises to conduct any inspection
required or authorized by law to determine compliance with the provisions of
this subtitle relating to the regulation and prevention of infectious and contagious
livestock and poultry diseases.
(b) (1)
The application shall be in writing and signed and sworn to by the applicant
and shall particularly describe the place, structure, premises, vehicle, or
records to be inspected and the nature, scope, and purpose of the inspection
to be performed by the applicant.
(2)
Before the filing of a search warrant application with a court, it shall be
approved by the Attorney General of Maryland as to its legality in both form
and substance under the standards and criteria of this section and a statement
to this effect shall be included as part of the application.
(c) A judge of
a court referred to in subsection (a) of this section may issue the warrant
on finding that:
(1)
The applicant has sought access to the property for the purpose of making an
inspection;
(2)
(i) After requesting, at a reasonable time, the
owner, tenant, or other individual in charge of the property to allow access,
has been denied access to the property; or
(ii) After making a reasonable effort, has been
unable to locate any of these individuals;
(3)
The requirements of subsection (b) of this section are met;
(4)
The Secretary or designee of the Secretary is authorized or required by law
to make an inspection of the property for which the warrant is sought; and
(5)
Probable cause for the issuance of the warrant has been demonstrated by the
applicant by specific evidence of an existing violation of any provision of
this subtitle or any rule or regulation adopted under this subtitle.
(d) (1)
An administrative search warrant issued under this section shall specify the
place, structure, premises, vehicle, or records to be inspected.
(2)
The inspection conducted may not exceed the limits specified in the warrant.
(e) An administrative
search warrant issued under this section authorizes the Secretary or designee
of the Secretary to enter the specified property to perform the inspection,
sampling, and other functions authorized by law to determine compliance with
the provisions of this subtitle relating to the regulation and prevention of
infectious and contagious livestock and poultry diseases.
(f) An administrative
search warrant issued under this section shall be executed and returned to the
judge by whom it was issued within:
(1)
The time specified in the warrant, not to exceed 30 days; or
(2)
If no time period is specified in the warrant, 15 days from the date of its
issuance.
(g) Any information
obtained pursuant to an administrative search warrant shall be considered as
confidential and may not be disclosed except to the extent utilized in an administrative
or judicial proceeding.
§
3-106.
The Secretary or his agent may prohibit the shipment
of livestock or poultry into an area in which contagious disease eradication
is being carried on until the livestock or poultry have been subjected to a
test satisfactory to the Secretary and have been found to be free of any contagious
disease. The Secretary may quarantine any animals that may have been brought
into the area and require that they be tested as provided in § 3-105.
§ 3-107.
(a) (1)
This section does not apply to and the Department is not responsible for the
reimbursement of any person whose flock of ducks dies or is quarantined and
destroyed because of an infectious or contagious disease if those ducks were
imported into the State without being certified as disease free.
(2)
Before any building or article is destroyed or any animal slaughtered, the Secretary
shall have the building, article, or animal appraised pursuant to the departmental
rules and regulations.
(b) There shall
be two appraisers who shall be sworn before any officer authorized to administer
oaths and affirmations. One shall be appointed by the owner or the agent of
the owner of the building, article, or animal to be destroyed or slaughtered,
and the other shall be appointed by the Secretary. If there is a disagreement,
the Secretary shall appoint a third appraiser. If the owner or his agent refuses
or neglects to name an appraiser, the Secretary shall appoint one.
(c) The appraisal
of any animal, together with its carcass, hide, and offal, may not exceed 90
percent of the fair market value of the animal, or $500 for any one animal.
The appraisal of any building may not exceed 90 percent of its fair market value.
When approved by the Secretary, the appraisal shall be filed with the Comptroller
who shall issue his warrant to the Treasurer in favor of the owner for the amount
of the appraisal.
(d) If the owner
of the building, article, or property is not satisfied with the appraisal, he
may appeal to the circuit court of the county where the building, article, or
property is located. The appeal shall be heard de novo.
§
3-108.
When any animal is slaughtered under the provisions
of this subtitle, the owner may dispose of the carcass or any part of it, the
hides, and offal, pursuant to the departmental rules and regulations, and in
a manner that does not tend to spread disease or endanger the public health.
§
3-109.
The owner of any domestic animal that has died
of a contagious or infectious disease shall bury it at a depth of at least three
feet or burn it within three hours before sunset of the day following the discovery
of the animal.
§
3-110.
A person may not knowingly expose any animal
to an animal infected with a contagious or infectious disease, or place or cause
to be placed any healthy or unexposed animal of the same species on any premises
declared to be infected, until the infected animal is declared free from infection
by the Secretary or agent. In addition to any penalty provided by the provisions
of this article, any animal introduced into any infected location that has been
declared infected shall be slaughtered by the Secretary or his agent, or upon
order of the Secretary, without appraisement or compensation from the State.
§
3-111.
(a) A person may
not sell or otherwise dispose of an animal which he knows or has good reason
to believe is infected with any contagious or infectious disease, or has been
exposed to one within 90 days. Also, a person may not permit the animal to pass
over any public highway, street, lane, or alley, or to graze any unfenced lot
or piece of ground without the consent of the Secretary.
(b) No person may
inoculate any animal in the State with the virus of any infectious or contagious
disease incident to animals without the written consent of the Secretary.
§ 3-112.
An agent of the Secretary may not knowingly pass
as healthy any diseased animal or any part of it contrary to the departmental
rules and regulations.
§
3-113.
(a) A person may
not refuse the Secretary or his agent access to his premises or vehicle nor
resist the application of any quarantine order or rule or regulation.
(b) A person may
not conceal the fact that a contagious or infectious disease exists on his premises.
§
3-114.
The State's Attorney of the appropriate county
shall prosecute any person accused of violating the provisions of this subtitle
and shall defend in every appeal from an appraisement.
§
3-115.
(a) The General
Assembly finds and declares that it is in the public interest to insure the
public health, safety, and welfare by strictly regulating in this State the
importation, transportation, sale, transfer, and possession of those animals
which pose a possibility of:
(1)
The introduction of a disease or pest harmful to livestock or poultry;
(2)
Problems of enforcing laws and regulations relative to agriculture and animal
husbandry; or
(3)
Threatening the physical welfare of livestock or poultry populations.
(b) (1)
For the purposes of this subsection, "animal" does not include:
(i) Human beings;
(ii) Livestock or poultry; or
(iii) Wildlife regulated by the Department of
Natural Resources.
(2)
The Secretary may promulgate a list of animals determined to be harmful to livestock
or poultry and prohibit or restrict their transportation, importation, sale,
transfer, and possession in this State.
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