2010 Wyoming Statutes
Title 11 - Agriculture, Livestock And Other Animals
Chapter 19 - Contagious And Infectious Diseases Among Livestock

CHAPTER 19 - CONTAGIOUS AND INFECTIOUS DISEASES AMONGLIVESTOCK

 

ARTICLE 1 - IN GENERAL

 

11-19-101. Duties of state veterinarian generally; failure to comply with provisions; penalty.

 

 

(a) The state veterinarian shall investigate all cases of dangerously contagious or infectious diseases among domestic animals in this state which are brought to his notice. In the absence of specific information, he shall make inspections of any locality where he has reason to suspect there is any contagious or infectious disease. He shall order that all animals affected with, exposed to or suspected of being affected with such diseases be gathered and quarantined. No animals pronounced affected with a dangerously contagious or infectious disease by the state veterinarian or his deputy or agent shall be turned loose, removed or permitted to escape, but shall be held subject to the order of the state veterinarian. All animals ordered gathered shall be gathered within a reasonable time specified by the state veterinarian.

 

(b) Any person failing to comply with this section shall be punished as provided in W.S. 11-1-103.

 

11-19-102. Duty of public to report diseases to state veterinarian; list of reportable diseases; failure to comply or obstruction of duty; penalties.

 

(a) Any person or government entity who knows or suspects that there is any contagious or infectious reportable disease among animals owned by or under their jurisdiction or any veterinarian who knows or suspects any reportable contagious or infectious disease on any premises or in any animal, shall immediately report the same to the state veterinarian. The state veterinarian shall establish and manage a list of reportable diseases for any contagious or infectious disease deemed by the state veterinarian to be a threat to domestic animals. During development of this list the state veterinarian shall consult with the Wyoming game and fish department's supervisor of veterinary research services. Information collected in response to the list of reportable diseases shall be considered confidential proprietary information. Access to any information collected under the list of reportable diseases shall be limited to the person who reported the disease and the state veterinarian, except that the state veterinarian may at his discretion notify any of the following:

 

(i) The Wyoming livestock board;

 

(ii) The state veterinary laboratory;

 

(iii) The Wyoming game and fish director only if the disease threatens wildlife;

 

(iv) Any state or federal inspector, public health official or peace officer who is actively involved in the investigation of an outbreak or suspected outbreak of the contagious or infectious disease;

 

(v) Owners of possible contact animals;

 

(vi) Adjacent landowners; or

 

(vii) Local area practicing veterinarians.

 

(b) The state veterinarian when he deems it to be in the best interests of animal health, or the state public health officer when he deems it to be in the best interests of human public health, may release to the public any information collected under subsection (a) of this section, except the identity of any individual who reported the disease or whose animals may have contracted the disease.

 

(c) A failure to report, or any attempt to conceal the existence of the disease or to willfully or maliciously obstruct or resist the veterinarian in the discharge of his duty is a misdemeanor. Any person who willfully or maliciously falsifies a report to the state veterinarian is guilty of a misdemeanor. Any person convicted of any of the above acts or omissions shall be punished as provided in W.S. 11-1-103.

 

11-19-103. Quarantine of diseased animals generally; treatment thereof; effect of failure to obey order of state veterinarian; appeal; stay of action.

 

(a) In all cases of infectious and contagious disease among domestic animals in this state, the state veterinarian may order the quarantine of the infected premises. If the disease becomes epidemic in any locality in this state, the state veterinarian shall immediately notify the governor who shall issue his proclamation forbidding transfer of any animal of the kind among which the epidemic exists from the locality without permission from the state veterinarian.

 

(b) Whenever the state veterinarian finds any infectious or contagious disease among domestic animals in any section of the state he shall take such steps as will prevent the spread of the disease. As a sanitary measure, he may inspect and compel the dipping, spraying or other treatment of all such animals in Wyoming found to be infected or exposed to the disease, under such rules and regulations as he may adopt. Any order or regulation made by the state veterinarian is subject to review, modification or annulment by the board at any subsequent meeting.

 

(c) Notwithstanding the provisions of subsection (b) of this section, no person shall be required to dip ewes with lambs between April 15 and July 1, but all ewes with lambs infected with or exposed to any infectious or contagious disease must be held in quarantine, separate from sound sheep. The owner of ewes with lambs held in quarantine during the above period of exemption is required to spot and hand dress animals showing symptoms of any infectious or contagious disease, and the state veterinarian or his agent may enforce such treatment and recover the cost thereof as provided by law for treatment at any other time of the year.

 

(d) Where sheep must be dipped in the immediate vicinity of the quarantine and the owner fails to provide suitable facilities for dipping, the state veterinarian or his agent may prepare such dipping works at the expense of the owner. If the sheep cannot subsist on range forage until they have been treated, the state veterinarian shall provide feed at the owner's expense.

 

(e) If the owner or persons in charge of animals ordered treated, after reasonable notice determined by the veterinarian, fail to dip, spray or otherwise treat such animals as ordered, the veterinarian may seize or cause such animals to be seized and dipped, sprayed or otherwise treated, and may hold and sell the animals, or part thereof as necessary to pay all costs of inspection, seizing, caring for, dipping, spraying or other treatment together with cost of sale. The sale shall be made at the time and place and in the manner prescribed by the veterinarian. Not less than three (3) days nor more than fifteen (15) days notice of the time, place and purpose of the sale shall be given by the veterinarian to the owner or persons in charge of the animals, by personal service within the county in which the animals are being held if possible, and if not possible then such notice may be given either by personal service outside of the county or by advertisement in any paper selected by the veterinarian.

 

(f) The owner of animals so seized and held may at any time prior to sale recover possession of the same by paying to the state veterinarian the amount of costs incurred by order of the veterinarian against the animals. Any sum realized from the sale of the animals over the cost actually incurred against the animals shall be returned to the owner of the animals if known or can by reasonable diligence be found. Otherwise the overage shall be placed in the estray fund and dispensed as provided by law.

 

(g) Any order or other action under this chapter may be appealed by the owner, or the agent of the owner, of the animals affected or by any aggrieved governmental entity to the board as follows:

 

(i) The appeal shall be requested within thirty (30) days of the order or action, except that a quarantine may be appealed at any time during the quarantine;

 

(ii) An informal hearing may initially be requested. A formal hearing may subsequently be requested and shall be conducted as a contested case in accordance with the Wyoming Administrative Procedure Act. The board shall render a final decision in writing within ten (10) working days of the conclusion of the hearing;

 

(iii) The board may alter, amend, annul or otherwise modify any order in the event the board finds:

 

(A) The aggrieved person was injured by the order or regulation; and

 

(B) The state veterinarian lacked legal authority for the order or regulation; or

 

(C) The order or regulation was not needed to:

 

(I) Protect the public health;

 

(II) Prevent the spread of animal disease;

 

(III) Preserve the ability to market Wyoming livestock efficiently; or

 

(IV) Implement a specific requirement of Wyoming law.

 

(iv) All decisions of the board are subject to judicial review under the Wyoming Administrative Procedure Act.

 

(h) In the event of a foreign animal disease outbreak, an act of animal agro-terrorism or other animal health emergency, the state veterinarian shall have all of the resources of the livestock board at his disposal. When such an event occurs, the state veterinarian shall immediately notify the governor and shall advise him as to any additional resources which may be needed to address the emergency.

 

11-19-104. Slaughter of diseased animals; authority of veterinarian; slaughtering order; when consent of owner required.

 

 

(a) In any case of epidemic disease where premises have been previously quarantined by the state veterinarian, he may order the slaughter of any diseased animals upon the premises and all animals that have been exposed to contagion or infection under the following restrictions:

 

(i) The order shall be in writing with a duplicate for each owner of the animals condemned;

 

(ii) The original of each order shall be filed by the veterinarian with the governor and a duplicate given to the owner; and

 

(iii) Before slaughtering any animal that has been exposed only and does not show disease, the veterinarian shall have the consent of the owner or person in charge of the animal to be slaughtered.

 

11-19-105. Slaughter of diseased animals; condemnation by veterinarian; burning of carcass; payment of expenses.

 

The state veterinarian or his deputy shall condemn the animals before slaughter and shall superintend the slaughter of animals condemned. The carcass, including every part of the animal and hide, shall be destroyed by burning to ashes, and also excrement as far as possible. He shall cause the slaughter and burning to be done as cheaply as practicable and shall pay the expense from any fund appropriated for that purpose, taking proper vouchers for the same.

 

11-19-106. Slaughter of diseased animals; owner's claims.

 

 

(a) All claims against the state arising from the slaughter of animals, together with the order of the veterinarian, shall be submitted to the state auditor who shall examine them without unnecessary delay. For each claim he finds to be equitable and entitled to indemnity under this chapter the auditor shall issue his warrant on the state treasurer for the sum named in the claim. All claims for indemnity arising under the provisions of this chapter, before they are presented for payment to the auditor, shall be submitted to the state veterinarian who shall fully inform himself of the facts connected with each claim. The state veterinarian shall endorse on each claim his approval or rejection and shall express in such endorsement the reasons for his approval or rejection.

 

(b) If the state veterinarian rejects a claim it and the reasons for rejection shall be submitted to a board of arbitration consisting of three (3) members selected as follows:

 

(i) The state veterinarian shall select one (1) stock grower who is a resident of the county where the slaughtered animal for which the claim is made ranged;

 

(ii) The claimant shall select one (1) stock grower who is a resident of the same county; and

 

(iii) These two (2) shall choose the third member from among the stock growers of the same county.

 

(c) The indemnity granted shall be the fair market value of the livestock as determined by the department of agriculture. It shall be paid to the owner upon his application and presentation of proofs prescribed herein within six (6) months of the date of slaughter for which payment is claimed. The claim shall be barred if not presented within the time limited.

 

(d) Payments shall be made by the state treasurer from funds appropriated as provided by W.S. 11-19-109. The right to indemnity is limited to animals destroyed by reason of existence or suspected existence of some epizootic form of infectious or contagious diseases, generally fatal or incurable.

 

(e) There is no right to indemnity and payment in the following cases:

 

(i) For animals belonging to the United States;

 

(ii) For animals that are brought into the state contrary to the laws of this state or the governor's import proclamation;

 

(iii) For animals found to be diseased upon arrival or that were exposed to the disease prior to their arrival in the state under circumstances whereby the Wyoming owner knew or should have known of such conditions;

 

(iv) When an animal was previously affected by any other disease which from its nature and development was incurable and necessarily fatal;

 

(v) When the owner or person in charge has knowingly or negligently omitted to comply with W.S. 11-19-104 or 11-19-105; or

 

(vi) When the owner or claimant at the time of coming in possession of the animal knew it to be diseased or received the notice specified in W.S. 11-19-110.

 

11-19-107. Auditor to pay claims allowed by board; effect of failure to submit claim to board.

 

The state auditor shall pay no claim for indemnity which is rejected by the state veterinarian, unless it has been submitted to arbitration and the arbitration board decided it to be legal and just. If any claimant refuses to submit his claim rejected by the veterinarian to a board of arbitration, the refusal is a waiver of all claim for indemnity.

 

11-19-108. Compensation of board.

 

Each member of a board of arbitration shall receive five dollars ($5.00) for each day actually engaged and employed in the investigation of any claim, paid by the state veterinarian out of an appropriation for that purpose.

 

11-19-109. Limitations on indemnity.

 

The liability of the state for indemnity for animals destroyed under this act [ 11-19-101 through 11-19-111] in any two (2) years, is limited by and shall in no case exceed the amount especially appropriated for that purpose and for that period.

 

11-19-110. Quarantine of diseased animals; authority of veterinarian over animals in transit.

 

 

(a) The owner or person having in charge any animal affected with or suspected of any contagious or infectious disease shall immediately confine the animal in a safe place, isolated from other animals, and with all necessary restrictions to prevent dissemination of the disease until the arrival of the state veterinarian.

 

(b) The state veterinarian or his agent may examine all animals passing through the state and on detection or suspicion of disease may take possession of and treat and dispose of animals in transit in the same manner as animals resident in the state.

 

11-19-111. Regulation of importation of livestock; prohibited acts; penalties; applicability.

 

 

(a) The governor, upon recommendation of the Wyoming livestock board, may regulate by proclamation the importation into Wyoming from any other state any livestock, or any virulent blood or live virus of any disease affecting livestock, or any thing suspected of being infected with livestock disease germs, except under such conditions as he deems proper for the protection of the livestock of Wyoming. All requirements in the governor's proclamation shall be enforced by the Wyoming livestock board.

 

(b) After a proclamation is issued by the governor it is unlawful for any person to import into Wyoming or receive imports within this state from any other state any livestock, virulent blood or live virus of diseases affecting livestock, or any product or thing suspected of being infected with livestock disease germs, except under such conditions as may be imposed by the proclamation. Any person who violates this section shall be punished as provided in W.S. 11-1-103. The violator is civilly liable for all damages and loss sustained by any person by reason of violation of the proclamation.

 

(c) The proclamation authorized by this section shall not prohibit the transportation of animals through Wyoming by railroad as long as the animals are not unloaded in this state.

 

11-19-112. Cooperation with federal bureau of animal industry.

 

The state consents to having the bureau of animal industry of the United States department of agriculture and its employees come within Wyoming for all purposes connected with the importation and exportation of diseased livestock and for all purposes connected with the eradication, suppression and control of dangerously infectious and contagious diseases of livestock.

 

11-19-113. Destruction of swine affected with or exposed to hog cholera; appraisal; reimbursement.

 

The Wyoming livestock board or its authorized representative may destroy or require the destruction of any swine which the state veterinarian knows to be affected with or exposed to hog cholera to prevent or reduce the danger of the spread of hog cholera. The appraisal shall be made according to title 9, chapter 1, subchapter B, part 56, Code of Federal Regulations, and the amendments thereto. The owner or custodian of the swine shall, immediately after the determination of its value, cause the same to be disposed of as directed by the board. On presentation to the board of evidence that disposition has been so made, the owner is entitled to reimbursement by the Wyoming livestock board of a sum equal to the share of reimbursement paid by the federal government but in no case an amount greater than the value of the swine.

 

11-19-114. Indemnities to certain owners prohibited.

 

Indemnities shall not be paid to the owner for swine which have been illegally imported into Wyoming or to said owner for any swine exposed to swine illegally imported into Wyoming.

 

11-19-115. Cooperation with United States.

 

The Wyoming livestock board may cooperate with the United States or any department, agency or officer thereof, in the control and eradication of hog cholera, including the sharing in payment of indemnities for swine destroyed.

 

11-19-116. Certain actions deemed misdemeanors.

 

Any owner or custodian of swine who fails to dispose of swine as directed by the Wyoming livestock board, or any person who imports or aids or abets the importation of swine into Wyoming knowing the swine to be infected with hog cholera, is guilty of a misdemeanor punishable as provided in W.S. 11-19-111(b).

 

11-19-117. Liability for damages caused by quarantine.

 

Where in the enforcement of quarantine regulations owners of property are injured, the person responsible for the necessity of the quarantine and all those exercising ownership over the sheep quarantined are liable for all damages and injuries occasioned thereby.

 

ARTICLE 2 - TUBERCULIN TEST OF DAIRY CATTLE

 

11-19-201. Definitions.

 

 

(a) As used in this act:

 

(i) "Dairy cow" means any cow the milk or milk products from which is sold or used for human consumption;

 

(ii) "This act" means W.S. 11-19-201 through 11-19-215.

 

11-19-202. Accredited herds.

 

Herds may become accredited by complying with the regulations of the United States bureau of animal industry, national livestock sanitary association.

 

11-19-203. Special deputy state veterinarian; appointment; bond required.

 

The state veterinarian, with the consent of the governor, may appoint a qualified person as special deputy state veterinarian to act under the direction of the state veterinarian in carrying out the provisions of this act. The special deputy shall take an oath for the faithful and efficient performance of all duties required of him and shall give satisfactory bond to the state of Wyoming in the sum of three thousand dollars ($3,000.00).

 

11-19-204. When test to be made; quarantine; penalty for failure to comply.

 

All cows in Wyoming supplying milk or cream in cities or towns or to creameries in the state, and all bulls exposed or known to have been exposed to such cows shall be tested for tuberculosis. If necessary, the state veterinarian may order the quarantine of animals suspected of being diseased with tuberculosis. Any person violating the quarantine is guilty of a misdemeanor and shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each offense.

 

11-19-205. Cities or towns may require annual test.

 

The mayor or governing body of any city or town may require by ordinance persons selling or offering for sale any milk or milk products within the city or town to have all animals producing the milk tested for tuberculosis once each year, and may prohibit the sale of milk or milk products in the city or town unless all cows from which such milk is produced have passed the test for tuberculosis within the past year.

 

11-19-206. First test to be made without charge; subsequent tests at expense of owner.

 

The first tuberculin test of all cattle of owners selling or using milk or cream shall be made by the state veterinarian's department without charge to the owners. All subsequent tests shall be made under the supervision of the state veterinarian's department at the expense of the owners.

 

11-19-207. Disposition of fees.

 

The fees collected for tuberculosis tests shall be immediately transmitted to the state veterinarian who shall deposit them in the state treasury to the credit of the general fund.

 

11-19-208. Ear tags; record to be kept of cattle tested.

 

Each animal which passes the tuberculosis test satisfactorily shall have an ear tag inserted in its ear. The state veterinarian shall see that a correct record is kept of all cattle tested, the date and place of testing, the names and addresses of owners and the number of the ear tag inserted in the ear of each animal, and shall report this information in his regular biennial report.

 

11-19-209. Retests of cattle.

 

Whenever the state veterinarian suspects that tuberculosis exists or has been introduced by imported dairy cattle among any dairy cattle in this state, he shall order the retesting of same, regardless of any former tests made.

 

11-19-210. Veterinarian's certificate or special permit; required to sell milk or cream; penalty for failure to comply.

 

No person selling milk or cream in cities or towns or to creameries in this state, may sell such milk or cream unless they possess a certificate or special permit from the state veterinarian. Any person violating this section is guilty of a misdemeanor and shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each offense.

 

11-19-211. Veterinarian's certificate or special permit; issuance after test; owner's authority to sell milk.

 

On completion of the tuberculin test upon all dairy cattle owned by any person, the state veterinarian shall issue a certificate to the owner showing that all such cattle are free from tuberculosis, or if all animals were not found free from tuberculosis, a certificate showing that proper disposition as required by law has been made of diseased animals and the remaining animals in the herd are free from tuberculosis so far as may be determined by the tuberculin test. The certificate is the owner's authority for selling milk or cream as above.

 

11-19-212. Notice to owners of provisions; acknowledgment of notice; effect of failure to notify; special permit in lieu of certificate.

 

The state veterinarian or his agent shall ascertain the names and addresses of all owners of dairy cattle in this state and shall notify them in writing of the provisions of this act, obtaining acknowledgment from the owner of receipt of the notice. No person owning dairy cattle shall be considered as violating the provisions of this act who has not been officially notified of its provisions. The owner notified shall make application to the state veterinarian for a special permit to be used as his authority for selling milk or cream in cities or towns or to creameries in this state until the animals have been tuberculin tested and a certificate issued.

 

11-19-213. Veterinarian to order unsanitary premises cleaned and disinfected; penalty for failure to comply.

 

The state veterinarian or his agent may order any unsanitary dairy barns or premises cleaned and disinfected at the expense of the owner. If, after a reasonable time, unsanitary barns or premises are not cleaned and disinfected as ordered, the owner shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each offense.

 

11-19-214. Sale of diseased livestock.

 

All livestock in Wyoming lawfully found to be affected with tuberculosis may be shipped or transported under the direction of the state veterinarian in accordance with federal regulations, to livestock markets and there sold for salvage and destroyed or transferred to an approved slaughter facility or veterinary diagnostic laboratory in accordance with federal regulations. Prior to directing that any affected livestock be sold under this section, the state veterinarian shall ascertain that sufficient funds are available from either federal or state sources to ensure that the owner of condemned livestock will be paid the difference between the market value at the time of quarantine and the amount received for the sale, less any amount of reimbursement provided for and paid under federal law or regulation, the cost of shipping or transportation and commission charges.

 

11-19-215. Prohibited acts; penalties.

 

Any person who intentionally interferes with, refuses to assist in gathering and testing his cattle, or hinders the work of the state veterinarian or his employees under this act, or who attempts to defeat the object of the tuberculin test by a previous injection of tuberculin commonly known as "plugging," or in any way attempts to prevent an accurate and truthful determination of the condition of the cattle tested, shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00), or imprisoned not more than thirty (30) days, or both.

 

ARTICLE 3 - TUBERCULOSIS MODIFIED ACCREDITED AREAS

 

11-19-301. Designation of county.

 

When the cattle in any county have been tested for tuberculosis and the records show the infection rate has been reduced to the minimum percent fixed by the state veterinarian and the veterinary services, United States department of agriculture in their rules and regulations, such county shall be designated as a "tuberculosis modified accredited area."

 

11-19-302. Petition for inspection; notification of veterinarian.

 

Whenever sixty percent (60%) or more of the taxpayers of any county as shown by the last assessment roll of that county, petition the board of county commissioners asking that cattle within the county be tested for tuberculosis, the board of county commissioners shall notify the state veterinarian who shall proceed with the testing for tuberculosis in the county in accordance with the rules and regulations prescribed by the United States bureau of animal industry for the establishment and maintenance of tuberculosis modified accredited areas.

 

11-19-303. Appropriations by counties for control of diseases.

 

The board of county commissioners may appropriate as much money as it deems necessary for the control and eradication of any infectious, contagious or communicable diseases of livestock. The funds shall be used in cooperation with the state veterinarian or the veterinary services, United States department of agriculture, in testing animals and disposing of diseased animals disclosed by the tests as provided by law.

 

11-19-304. Prohibition on importation of cattle; penalties.

 

Any person bringing cattle into any "tuberculosis modified accredited area" except in compliance with the rules and regulations made by the state veterinarian shall upon conviction be punished by imprisonment for not more than one (1) year, or by a fine of not more than one hundred dollars ($100.00), or both.

 

11-19-305. Powers of state veterinarian.

 

The state veterinarian may make and enforce rules and regulations necessary for the enforcement of W.S. 11-19-301 through 11-19-306.

 

11-19-306. Penalties for violation of rules and regulations.

 

Any person who violates any lawful rule or regulation made by the state veterinarian pursuant to W.S. 11-19-305 is guilty of a misdemeanor and upon conviction, shall be punished by imprisonment for not more than one (1) year, or by a fine of not more than one hundred dollars ($100.00), or both.

 

ARTICLE 4 - BRUCELLOSIS TEST OF CATTLE

 

11-19-401. Tagging, branding and disposition of cattle reacting to test; penalties for failure to comply.

 

All cattle in Wyoming reacting to an agglutination test for brucellosis (Bang's disease) except reactors under thirty (30) months of age which have been officially vaccinated with brucella abortus vaccine, strain 19, and except officially vaccinated adult animals which were negative to the agglutination test for brucellosis within ten (10) days prior to vaccination, must be immediately tagged in the left ear with a Bang's reactor tag and permanently branded with a hot iron letter "B" on the left jaw by or in the presence of an officially authorized veterinarian. All such reactors must be disposed of for slaughter only, upon and according to written instruction from the Wyoming livestock board. Any person who violates any provision of this section shall be punished as provided in W.S. 11-1-103.

 

11-19-402. Breeding cattle and buffalo entering state to show evidence of negative test or vaccination for brucellosis; exceptions.

 

All breeding cattle and buffalo entering Wyoming shall be accompanied by a proper health certificate showing evidence of a negative blood test for brucellosis made within thirty (30) days prior to entry, or evidence of being officially vaccinated by a licensed veterinarian during calfhood against brucellosis. Breeding cattle and buffalo originating from modified certified brucellosis areas, certified brucellosis free areas and from certified brucellosis free herds entering Wyoming may be exempt from this section but must be accompanied by a proper health certificate.

 

11-19-403. When cattle or buffalo exempt from provisions.

 

Breeding cattle and buffalo entering Wyoming for the purpose of feeding only may be exempt from the requirements of W.S. 11-19-402 if they are placed under quarantine by the rules and regulations promulgated by the Wyoming livestock board.

 

11-19-404. Applicability of provisions.

 

The Wyoming livestock board shall determine which of the requirements set forth in W.S. 11-19-402 through 11-19-404 apply to the various counties or areas within Wyoming.

 

11-19-405. Control of brucellosis; governor authorized to negotiate with federal agencies.

 

(a) In order to preserve the brucellosis-free status of this state, the governor shall enter into negotiations with any relevant parties including appropriate federal agencies on steps necessary to ensure brucellosis is not passed from wildlife to livestock.

 

(b) The governor may direct any state agency to take any actions needed to ensure brucellosis does not spread from wildlife to livestock.

 

(c) In the event of a confirmed outbreak of brucellosis, the governor may authorize the state veterinarian, with the approval of the Wyoming livestock board, to require brucellosis testing of all test eligible bovine or domestic bison at the farm or ranch of origin or any licensed Wyoming livestock market prior to a change of ownership for a period of up to eighteen (18) months. At the end of the required testing period, the state veterinarian shall review the testing requirement and may reimpose brucellosis testing for one (1) or more successive periods under this subsection if there is deemed by the state veterinarian to be a threat to Wyoming's brucellosis free status or if the state is designated as brucellosis class A or lower status.

 

(d) The state veterinarian may direct any Wyoming brand inspector to withhold a brand inspection for movement or change of ownership to any person who has not shown evidence of any required brucellosis test.

 

(e) As part of the state brucellosis surveillance and prevention program, the state veterinarian may require brucellosis testing of any test eligible bovine or domestic bison at any licensed Wyoming livestock market at any time. Failure to comply shall result in a suspension of the livestock market's license.

 

(f) Any person who violates any provision of this section shall be punished as provided by W.S. 11-1-103.

 

11-19-406. Sale of diseased cattle or domestic bison.

 

All cattle or domestic bison in Wyoming lawfully found to be affected with brucellosis, including all sexually intact cattle or domestic bison that are part of a herd found to be affected with brucellosis, may be shipped or transported under the direction of the state veterinarian to livestock markets and sold for immediate slaughter or transferred to an approved slaughter facility or veterinary diagnostic laboratory in accordance with federal regulations. Prior to directing that any cattle or bison that are part of an infected herd be sold under this section, the state veterinarian shall ascertain that sufficient funds are available from either federal or state sources to ensure that the owner of the condemned cattle or domestic bison will be paid the difference between the market value at the time of quarantine and the amount received for the sale, less any amount of reimbursement provided for and paid under federal law or regulation, the cost of shipping or transportation and commission charges. Payments under this section shall not be made by the state for any sexually intact female cattle or bison which are over twelve (12) months old and which are not official calfhood vaccinates as provided in board rule and regulation.

 

11-19-407. Brucellosis testing program.

 

(a) The livestock board shall develop a brucellosis surveillance program in the designated surveillance area as defined by the livestock board. The program may be conducted with the help of veterinary practitioners and livestock auction markets. This program shall provide for the testing of livestock for brucellosis, for spaying heifers and for adult vaccinations only to the extent that may be reasonably necessary to maintain or to regain the brucellosis-free status of the state of Wyoming. Compensation under this program for all purposes except mandatory testing shall be pursuant to the terms of a livestock herd plan that has been entered into between the livestock producer and the Wyoming state veterinarian.

 

(b) The compensation for brucellosis surveillance testing, spaying heifers and adult vaccinations shall be paid at not less than one dollar and fifty cents ($1.50) per head and not more than eight dollars ($8.00) per head of cattle actually tested, spayed or adult vaccinated. Compensation for brucellosis testing, spaying or adult vaccinating may include the purchase of brucellosis testing, spaying or adult vaccinating equipment, supplies and postage.

 

(c) Payments under subsection (b) of this section shall be made monthly directly to accredited veterinarians who perform brucellosis testing, spaying, adult vaccinating and surveillance planning or to livestock auction markets that use their facilities and veterinarians to conduct brucellosis testing, spaying or adult vaccinating as mandated by rule of the Wyoming livestock board or the United States department of agriculture animal plant and health inspection service. The payment shall be made upon submission to the Wyoming livestock board of a notarized invoice indicating the number of head tested, spayed or adult vaccinated, the ownership of the animals tested, spayed or adult vaccinated and the testing, spaying or adult vaccinating location.

 

ARTICLE 5 - REGULATION AND INSPECTION OF SHEEP

 

11-19-501. When notice of importation to be made; contents; applicability of rules and regulations of board.

 

 

(a) Any person intending to bring or cause to be brought any sheep from any other state or territory, the District of Columbia or any foreign country into Wyoming in any manner except by shipping them through the state by railroad or truck, shall, ten (10) days before crossing the state line, notify the executive officer of the board of the proposed action. The notice shall set forth the number of sheep, the brands or marks thereon, the name of the owner and the locality from which the sheep came and through which they have been driven.

 

(b) Sheep trailed or shipped into the state from adjoining states for immediate interstate shipment or for show and exhibition purposes, sheep grazing along and across state lines, and sheep shipped from any part of this state to feed yards in any other part of the state when shipment is made by interstate route, are governed by the rules and regulations of the board.

 

11-19-502. Unloading sheep in transit prohibited; exception; cost of enforcement.

 

Any sheep in transit through this state shall not be unloaded for any purpose except for feeding, and shall be held in the feed yards or in grazing grounds and not allowed to leave. All expenses of enforcing this section shall be paid by the owner of the sheep.

 

11-19-503. Bringing infected sheep into state prohibited.

 

It is unlawful for any person to bring into this state any sheep infected with any infectious or contagious disease, or that have been exposed to such disease.

 

11-19-504. Refusal to give information deemed misdemeanor.

 

Any herder or other person in charge of sheep who willfully refuses to give an inspector information as to the condition of sheep in his charge is guilty of a misdemeanor punishable as provided by W.S. 11-19-506.

 

11-19-505. Owners to be jointly and severally liable; when arrest necessary; service of summons and complaint.

 

In any action arising under W.S. 11-19-501 through 11-19-505, all persons owning or having control of the sheep concerning which the action is had, are liable severally and jointly. In criminal actions, no arrest is necessary except in case of nonresident persons, but a summons containing notice of the time and place of trial, together with a copy of the complaint filed in a circuit court, or in the court in which the action is commenced, shall be served in the same manner and for the length of time provided by law for the service of summons in civil cases.

 

11-19-506. Penalties.

 

Any person who violates W.S. 11-19-501 through 11-19-505 shall be fined not more than five thousand dollars ($5,000.00) or imprisoned not more than one (1) year, or both.

 

ARTICLE 6 - WILDLIFE/LIVESTOCK DISEASE RESEARCH PARTNERSHIP

 

11-19-601. Findings; purposes.

 

(a) The interaction of livestock and wildlife may lead to mutual or shared diseases. Some of these diseases may have the potential to adversely affect Wyoming's livestock producers and influence the management of Wyoming's free-ranging wildlife. Research into these diseases may provide strategies or solutions that benefit Wyoming's livestock industries and wildlife resources.

 

(b) The purpose of the Wyoming wildlife/livestock disease research partnership is to utilize existing personnel and facilities of the state, to identify funding sources, to enhance wildlife and livestock disease research in the state, and to understand, manage, control and preempt potentially mutual or shared diseases that may impact wildlife, livestock or humans.

 

11-19-602. Wyoming wildlife/livestock disease research partnership board created; membership; duties; purposes.

 

(a) There is created the wildlife/livestock disease research partnership board within the department. The board shall consist of the following members or their designees:

 

(i) The director of the department;

 

(ii) The director of the Wyoming game and fish department;

 

(iii) The vice-president for research at the University of Wyoming;

 

(iv) The director of the Wyoming state veterinary laboratory; and

 

(v) The state veterinarian.

 

(b) The board shall:

 

(i) Accept funding from all sources, including federal, state and local governments and private donations to carry out the purposes of this article;

 

(ii) Leverage funds received to match other funds that may be available to the board;

 

(iii) Deposit funds received into the account created by W.S. 11-19-603. No funds may be withdrawn or otherwise expended without the specific consent of at least three (3) members of the board;

 

(iv) Accept, review and prioritize research proposals submitted to the board;

 

(v) Seek support for programs and projects consistent with the purposes of the board;

 

(vi) Allocate funds for research which serve the goals of understanding, managing, controlling or preempting potentially mutual or shared diseases that impact wild and domestic animals or humans in the state.

 

(c) In approving research requests for funding, the board shall first consider any requests for funding from the Wyoming game and fish department, the University of Wyoming, the Wyoming department of agriculture and the Wyoming livestock board. After consideration of requests from those state agencies, the board may consider requests from other entities.

 

(d) All research projects requesting funding from the board shall be submitted to the board in a form and manner specified by the board. The approval of not less than three (3) members of the board shall be required prior to funding of a project with funds received under this section.

 

11-19-603. Account created.

 

There is created a wildlife/livestock disease research partnership account. Funds from this account shall be used only for purposes specified in W.S. 11-19-602. Any interest earned on the account shall remain within the account.