2005 North Carolina Code - General Statutes § 106-401. (Effective until October 1, 2009) State Veterinarian authorized to quarantine.

§ 106‑401.  (Effective until October 1, 2009) State Veterinarian authorized to quarantine.

(a)       The State Veterinarian or an authorized representative may enter any property in the State or stop any motor vehicle on a public or private road to examine any animal that the State Veterinarian has reasonable grounds to believe is affected with or exposed to a contagious animal disease. If the person refuses to consent to the entry and examination after the State Veterinarian or an authorized representative has notified, in writing, the owner or person in whose custody the animal is found, of the intention to enter the property and conduct the examination, the State Veterinarian or an authorized representative may petition the district court in the county where the animal is found for an emergency order authorizing the entry and examination. The State Veterinarian or an authorized representative may quarantine any animal affected with or exposed to a contagious disease, or injected with or otherwise exposed to any material capable of producing a contagious disease and shall give public notice of the quarantine by posting or placarding with a suitable quarantine sign the entrance to any part of the premises on which the animal is held. The animal shall be maintained by the owner of the animal or the owner or operator of the premises in accordance with this Part at the expense of the owner of the animal or the owner or operator of the premises. No animal under quarantine shall be removed from the place of quarantine unless permitted by the State Veterinarian or an authorized representative in writing. The quarantine shall remain in effect until cancelled by official written notice from the State Veterinarian or an authorized representative, and the quarantine shall not be cancelled until any sick or diseased animal has been properly disposed of and the premises have been properly cleaned and disinfected.

(b)       When determined by the State Veterinarian, in consultation with the Commissioner of Agriculture and with the approval of the Governor, that there is an imminent threat within the State of a contagious animal disease that has the potential for very serious and rapid spread, is of serious socioeconomic and public health consequence, or is of major importance in the international trade of animals and animal products, the State Veterinarian or an authorized representative may quarantine areas within the State. As part of the quarantine under this subsection, the State Veterinarian or an authorized representative may enter any property in the State to examine any animal, to obtain blood and tissue samples for testing for the animal disease, and for any other reason directly related to preventing or controlling the animal disease, and may stop motor vehicles on a public or private road. The provisions of subsection (a) of this section with respect to obtaining an emergency order do not apply to this subsection. Written notice of the quarantine, including a description of the area and the type of animal affected by the disease, shall be mailed or delivered to news media, farm organizations, agriculture agencies, and other entities reasonably calculated to give notice of the quarantine to affected animal owners, to the owners or operators of affected premises, and to the public. No animal subject to the quarantine shall be moved to any other premises unless permitted by the State Veterinarian or an authorized representative in writing. (1939, c. 360, s. 2; 1971, c. 724; 2001‑12, s. 2; 2003‑6, s. 1; 2005‑21, s. 1.)

 

§ 106‑401.  (Effective October 1, 2009) State Veterinarian authorized to quarantine.

(a)       The State Veterinarian or his authorized representative is authorized to go upon or enter any property in the State, or to stop any motor vehicle on a public or private road to examine any animal which he has reasonable grounds to believe is affected with or exposed to a contagious disease. If such person refuses to consent to such entry and examination after the State Veterinarian or his authorized representative shall have notified, in writing, the owner or person in whose custody such animal or animals are found, of his intention to enter such property and conduct such examination, the State Veterinarian or his authorized representative may petition the district court in the county where such animal or animals are found for an order authorizing such entry and examination. The State Veterinarian or his authorized representative may quarantine any animal affected with or exposed to a contagious disease, or injected with or otherwise exposed to any material capable of producing a contagious disease and shall give public notice of such quarantine by posting or placarding with a suitable quarantine sign the entrance to any part of the premises on which such animal is held. Such animal is to be maintained by the owner or person in charge as provided in G.S. 106‑400 through 106‑405 at the owner's or person's in charge expense. No animal under quarantine shall be removed from the place of quarantine except upon a written permit from the State Veterinarian or his authorized representative. Such quarantine shall remain in effect until cancelled by official written notice from the State Veterinarian or his authorized representative and such quarantine shall not be cancelled until any sick or diseased animal has been properly disposed of and the premises have been properly cleaned and disinfected.

(b)       Expired. (1939, c. 360, s. 2; 1971, c. 724; 2001‑12, s. 2; 2003‑6, s. 1; 2005‑21, s. 1)