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§ 119. Agents to examine and report on methods of treatment of animals, and means for suppression of diseases

The Secretary of Agriculture is authorized to appoint two competent agents, who shall be practical stock raisers or experienced business men familiar with questions pertaining to commercial transactions in livestock and/or live poultry, whose duty it shall be, under the instructions of the said Secretary of Agriculture, to examine and report upon the best methods of treating, transporting, and caring for animals, and the means to be adopted for the suppression and extirpation of contagious pleuropneumonia, and to provide against the spread of other dangerous contagious, infectious, and communicable diseases. The compensation of said agents shall be at the rate of $10 per diem, with all necessary expenses, while engaged in the actual performance of their duties under this Act, when absent from their usual place of business or residence as such agent.

(May 29, 1884, ch. 60, § 2, 23 Stat. 31; Feb. 9, 1889, ch. 122, § 1, 25 Stat. 659; July 14, 1890, ch. 707, 26 Stat. 288; Feb. 7, 1928, ch. 30, 45 Stat. 59.)

REFERENCES IN TEXT

This Act, referred to in text, is act May 29, 1884, ch. 60, 23 Stat. 31, which is popularly known as the Animal Industry Act. For complete classification of this Act to the Code, see Short Title note set out under section 112 of this title and Tables volume.

CODIFICATION

Substitution of Secretary of Agriculture for Commissioner of Agriculture, see Codification note set out under section 112 of this title.

AMENDMENTS

1928-Act Feb. 7, 1928 inserted "and/or live poultry" following "livestock".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 113, 114, 118 of this title; title 16 section 1540.

§ 120. Regulation of exportation and transportation of infected livestock and live poultry

In order to enable the Secretary of Agriculture to effectually suppress and extirpate contagious pleuropneumonia, foot-and-mouth disease, and other dangerous contagious, infectious, and communicable diseases in cattle and other livestock and/or live poultry, and to prevent the spread of such diseases, he is authorized and directed from time to time to establish such rules and regulations concerning the exportation and transportation of livestock and/or live poultry from any place within the United States where he may have reason to believe such diseases may exist into and through any State or Territory, and into and through the District of Columbia and to foreign countries as he may deem necessary, and all such rules and regulations shall have the force of law.

(May 29, 1884, ch. 60, §§ 4, 5, 23 Stat. 32; Feb. 2, 1903, ch. 349, § 1, 32 Stat. 791; Feb. 7, 1928, ch. 30, 45 Stat. 59.)

CODIFICATION

Section is comprised of part of section 1 of act Feb. 2, 1903. Remainder of such section 1 is classified to sections 112, 113, and 121 of this title. The words "including the Indian Territory" which followed the word "Territory" in the original text of this section were omitted as obsolete.

Substitution of Secretary of Agriculture for Commissioner of Agriculture, see Codification note set out under section 112 of this title.

AMENDMENTS

1928-Act Feb. 7, 1928 inserted "and/or live poultry" following "livestock", wherever appearing.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 113, 114, 118, 119, 121, 122 of this title; title 16 section 1540.

§ 121. Shipments from areas suspected infected; control of animals and live poultry

Whenever any inspector or assistant inspector of the Bureau of Animal Industry shall issue a certificate showing that such officer had inspected any cattle or other livestock and/or live poultry which were about to be shipped, driven, or transported from such locality to another as stated in section 120 of this title, and had found them free from Texas or splenetic fever infection, pleuropneumonia, foot-andmouth disease, or any other infectious, contagious, or communicable disease, such animals, so inspected and certified, may be shipped, driven, or transported from such place into and through any State or Territory, and into and through the District of Columbia, or they may be exported from the United States without further inspection or the exaction of fees of any kind, except such as may at any time be ordered or exacted by the Secretary of Agriculture; and all such animals shall at all times be under the control and supervision of the Bureau of Animal Industry of the Agricultural Department for the purposes of such inspection.

(Feb. 2, 1903, ch. 349, § 1, 32 Stat. 791; Feb. 7, 1928, ch. 30, 45 Stat. 59.)

CODIFICATION

Section is comprised of part of section 1 of act Feb. 2, 1903. Remainder of such section 1 is classified to sections 112, 113 and 120 of this title.

The words "including the Indian territory" which followed the word "Territory" in the original text of this section was omitted as obsolete.

AMENDMENTS

1928-Act Feb. 7, 1928 inserted "and/or live poultry" following "livestock".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 122 of this title; title 16 section 1540.

§ 122. Offenses; penalty

Any person, company, or corporation knowingly violating the provisions of this Act or the orders or regulations made in pursuance thereof shall be guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment not more than one year, or by both such fine and imprisonment.

(Feb. 2, 1903, ch. 349, § 3, 32 Stat. 792.)

REFERENCES IN TEXT

This Act, referred to in text, is act Feb. 2, 1903, ch. 349, 32 Stat. 791, which enacted sections 111, 121, and 122 of this title and amended sections 112, 113, and 120 of this title. For complete classification of this Act to the Code, see Tables volume.

EXTENSION OF PROVISIONS TO LIVE POULTRY Act Feb. 7, 1928, ch. 30, 45 Stat. 59, extended the provisions of this section to live poultry.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 1540.

§ 123. Quarantine

The Secretary of Agriculture is authorized and directed to quarantine any State or Territory or the District of Columbia, or any portion of any State or Territory or the District of Columbia, when he shall determine the fact that any animals and/or live poultry in such State or Territory or District of Columbia are affected with any contagious, infectious, or communicable disease of livestock or poultry or that the contagion of any such disease exists or that vectors which may disseminate any such disease exist in such State or Territory or the District of Columbia; and the Secretary of Agriculture is directed to give written or printed notice of the establishment of quarantine to the proper officers of railroad, steamboat, or other transportation companies doing business in or through any quarantined State or Territory or the District of Columbia, and to publish in such newspapers in the quarantined State or Territory or the District of Columbia, as the Secretary of Agriculture may select, notice of the establishment of quarantine.

(Mar. 3, 1905, ch. 1496, § 1, 33 Stat. 1264; Feb. 7, 1928, ch. 30, 45 Stat. 59; July 2, 1962, Pub. L. 87-518, § 8(a), 76 Stat. 131.)

AMENDMENTS

1962-Pub. L. 87-518 authorized quarantine upon the determination that any animals or poultry are affected with a communicable disease of livestock or poultry or that the contagion of any such disease exists or that vectors which may disseminate any such disease exist.

1928-Act Feb. 7, 1928 inserted "and/or live poultry" following "livestock".

SHORT TITLE

This section and sections 124 to 127 of this title are from act Mar. 3, 1905, entitled "An act to enable the Secretary of Agriculture to establish and maintain quarantine districts, to permit and regulate the movement of cattle and other live stock therefrom, and for other purposes and constitute the Cattle Contagious Diseases Act of 1905."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 125, 128 of this title; title 16 section 1540.

§ 124. Transportation or delivery therefor from quarantined State or Territory or portion thereof, of quarantined animals and live poultry, forbidden No railroad company or the owners or masters of any steam or sailing or other vessel or boat shall receive for transportation or transport from any quarantined State or Territory

or the District of Columbia, or from the quarantined portion of any State or Territory or the District of Columbia, into any other State or Territory or the District of Columbia, any quarantined animals, and/or live poultry, except as hereinafter provided; nor shall any person, company, or corporation deliver for such transportation to any railroad company, or to the master or owner of any boat or vessel, any quarantined animals and/or live poultry, except as hereinafter provided; nor shall any person, company, or corporation drive on foot, or cause to be driven on foot, or transport in private conveyance or cause to be transported in private conveyance, from a quarantine State or Territory or the District of Columbia, or from the quarantined portion of any State or Territory or the District of Columbia, into any other State or Territory or the District of Columbia, and quarantined animals and/or live poultry, except as hereinafter provided.

(Mar. 3, 1905, ch. 1496, § 2, 33 Stat. 1264; Feb. 7, 1928, ch. 30, 45 Stat. 59; July 2, 1962, Pub. L. 87-518, § 8(b), 76 Stat. 131.)

AMENDMENTS

1962-Pub. L. 87-518 substituted "quarantined animals" for "cattle or other livestock", wherever appearing.

1928-Act Feb. 7, 1928 inserted "and/or live poultry" following "livestock", wherever appearing.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 127, 128 of this title; title 16 section 1540.

§ 125. Regulations for inspection, disinfection, and certification, and delivery and shipment of quarantined animals and live poultry from State or Territory

It shall be the duty of the Secretary of Agriculture, and he is authorized and directed, when the public safety will permit, to make and promulgate rules and regulations which shall permit and govern the inspection, disinfection, certification, treatment, handling, and method and manner of delivery and shipment of quarantined animals and/or live poultry from a quarantined State or Territory or the District of Columbia, and from the quarantined portion of any State or Territory or the District of Columbia, into any other State or Territory or the District of Columbia; and the Secretary of Agriculture shall give notice of such rules and regulations in the manner provided in section 123 of this title for notice of establishment of quarantine.

(Mar. 3, 1905, ch. 1496, § 3, 33 Stat. 1265; Feb. 7, 1928, ch. 30, 45 Stat. 59; July 2, 1962, Pub. L. 87-518, § 8(b), 76 Stat. 131.)

CODIFICATION

In the original "section 123 of this title" read "section 2 of this Act", meaning section 2 of act Mar. 3, 1905, which is classified to section 124 of this title. For purposes of codification the reference was made to section 123 of this title containing the provision respecting notice.

AMENDMENTS

1962-Pub. L. 87-518 substituted "quarantined animals" for "cattle or other livestock".

1928-Act Feb. 7, 1928 inserted "and/or live poultry" following "livestock".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 126, 128 of this title; title 16 section 1540.

§ 126. Moving quarantined animals and live poultry from State or Territory, under regulations Quarantined animals and/or live poultry may be moved from a quarantined State or Territory or the District of Columbia, or from the quarantined portion of any State or Territory or the District of Columbia, into any other State or Territory or the District of Columbia, under and in compliance with the rules and regulations of the Secretary of Agriculture, made and promulgated in pursuance of the provisions of section 125 of this title; but it shall be unlawful to move, or to allow to be moved, any quarantined animals and/or live poultry from any quarantined State or Territory or the District of Columbia, or from the quarantined portion of any State or Territory or the District of Columbia, into any other State or Territory or the District of Columbia, in manner or method or under conditions other than those prescribed by the Secretary of Agriculture.

(Mar. 3, 1905, ch. 1496, § 4, 33 Stat. 1265; Feb. 7, 1928, ch. 30, 45 Stat. 59; July 2, 1962, Pub. L. 87-518, § 8(b), 76 Stat. 131.)

AMENDMENTS

1962-Pub. L. 87-518 substituted "quarantined animals" for "cattle or other livestock", wherever appearing.

1928-Act Feb. 7, 1928 inserted “and/or live poultry" following "livestock", wherever appearing.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 127, 128 of this title; title 16 section 1540.

§ 127. Transportation from quarantined State, Territory, etc.; penalty

Any person, company, or corporation violating the provisions of sections 124 or 126 of this title shall be guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment not more than one year, or by both such fine and imprisonment.

(Mar. 3, 1905, ch. 1496, § 6, 33 Stat. 1265.)

EXTENSION OF PROVISIONS TO LIVE POULTRY

Act Feb. 7, 1928, ch. 30, 45 Stat. 59, extended the provisions of this section to live poultry.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 128 of this title; title 16 section 1540.

§ 128. Extension of quarantine law to carriers in interstate commerce

The provisions of sections 123 to 127 of this title shall apply to any railroad company or other common carrier whose road or line forms any part of a route over which quarantined animals are transported in the course of shipment from any quarantined State or Territory or the District of Columbia, or from the quarantined portion of any State or Territory or the District

of Columbia into any other State or Territory or the District of Columbia.

(June 30, 1914, ch. 131, 38 Stat. 419; July 2, 1962, Pub. L. 87-518, § 9, 76 Stat. 131.)

CODIFICATION

Section is from the Department of Agriculture Appropriation Act, 1915.

AMENDMENTS

1962-Pub. L. 87-518 substituted “quarantined animals" for "cattle or other livestock".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 1540.

§ 129. Expenses for arrest and eradication of contagious or infectious diseases of animals; transfer of appropriations

The Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as he may deem necessary, to be available only in emergencies for the arrest and eradication of foot-and-mouth disease, rinderpest, contagious pleuropneumonia, or other contagious or infectious diseases of animals, or European fowl pests and similar diseases in poultry, and for expenses in accordance with sections 114b and 114c of this title, and any unexpended balances of funds transferred for such emergency purposes in the fiscal year 1976 shall be merged with such transferred amounts.

(Pub. L. 94-351, title I, § 101, July 12, 1976, 90 Stat. 854.)

SIMILAR PROVISIONS

Section is from the Agriculture and Related Agencies Appropriations Act, 1977, Pub. L. 94-351, title I, § 101, July 12, 1976, 90 Stat. 854. Similar provisions were contained in the following prior appropriation acts:

Oct. 21, 1975, Pub. L. 94-122, title I, § 101, 89 Stat. 645.

Dec. 31, 1974, Pub. L. 93-563, title I, § 101, 88 Stat. 1824.

Oct. 24, 1973, Pub. L. 93-135, title I, § 101, 87 Stat. 472.

594.

Aug. 22, 1972, Pub. L. 92-399, title I, § 101, 86 Stat. Aug. 10, 1971, Pub. L. 92-73, title I, § 101, 85 Stat. 185.

Dec. 22, 1970, Pub. L. 91-566, title I, § 101, 84 Stat. 1482.

Nov. 26, 1969, Pub. L. 91-127, title I, § 101, 83 Stat. 246.

Aug. 8, 1968, Pub. L. 90-463, title I, § 101, 82 Stat. 640.

Oct. 24, 1967, Pub. L. 90-113, title I, § 101, 81 Stat. 321. Sept. 7, 1966, Pub. L. 89-556, title I, § 101, 80 Stat. 690. Nov. 2, 1965, Pub. L. 89-316, title I, § 101, 79 Stat. 1166. Sept. 2, 1964, Pub. L. 88-573, title I, § 101, 78 Stat. 868. Dec. 30, 1963, Pub. L. 88-250, title I, § 101, 77 Stat.

821.

Oct. 24, 1962, Pub. L. 87-879, title I, § 101, 76 Stat. 1204. July 26, 1961, Pub. L. 87-112, title I, § 101, 75 Stat. 228. June 29, 1960, Pub. L. 86-532, title I, § 101, 74 Stat. 233.

July 8, 1959, Pub. L. 86-80, title I, § 101, 73 Stat. 168. June 13, 1958, Pub. L. 85-459, title I, § 101, 72 Stat. 189.

Aug. 2, 1957, Pub. L. 85-118, title I, § 101, 71 Stat. 330.

June 4, 1956, ch. 355, title I, § 101, 70 Stat. 230. May 23, 1955, ch. 43, title I, § 101, 69 Stat. 52. June 29, 1954, ch. 409, title I, § 101, 68 Stat. 305. July 28, 1953, ch. 251, title III, § 301, 67 Stat. 223. July 5, 1952, ch. 574, title III, § 301, 66 Stat. 354. Aug. 31, 1951, ch. 374, title II, § 201, 65 Stat. 243. Sept. 6, 1950, ch. 896, ch. VI, title I, § 101, 64 Stat. 661.

June 29, 1949, ch. 280, title I, § 101, 63 Stat. 332.

June 19, 1948, ch. 543, § 1, 62 Stat. 515.

July 30, 1947, ch. 356, title I, § 1, 61 Stat. 532.

June 22, 1946, ch. 445, § 1, 60 Stat. 278.

May 5, 1945, ch. 109, § 1, 59 Stat. 144.

June 28, 1944, ch. 296, § 1, 58 Stat. 434.
July 12, 1943, ch. 215, § 1, 57 Stat. 403.
July 22, 1942, ch. 516, § 1, 56 Stat. 676.
July 1, 1941, ch. 267, § 1, 55 Stat. 418.
June 25, 1940, ch. 421, § 1, 54 Stat. 542.
June 30, 1939, ch. 253, title I, 53 Stat. 951.
June 16, 1938, ch. 464, title I, 52 Stat. 722.
June 29, 1937, ch. 404, 50 Stat. 406.
June 4, 1936, ch. 489, 49 Stat. 1432.

May 17, 1935, ch. 131, title I, § 1, 49 Stat. 257.
Mar. 26, 1934, ch. 89, 48 Stat. 477.
Mar. 3, 1933, ch. 203, 47 Stat. 1442.
July 7, 1932, ch. 443, 47 Stat. 620.
Feb. 23, 1931, ch. 278, 46 Stat. 1252.
May 27, 1930, ch. 341, 46 Stat. 403.
Feb. 16, 1929, ch. 227, 45 Stat. 1198.
May 16, 1928, ch. 572, 45 Stat. 548.
Jan. 18, 1927, ch. 39, 44 Stat. 1005.
May 11, 1926, ch. 286, 44 Stat. 529.
Feb. 10, 1925, ch. 200, 43 Stat. 851.
Dec. 5, 1924, ch. 4, § 1, 43 Stat. 683.
June 5, 1924, ch. 266, 43 Stat. 458.
Apr. 2, 1924, ch. 81, § 1, 43 Stat. 40.
Feb. 26, 1923, ch. 119, 42 Stat. 1318.
May 11, 1922, ch. 185, 42 Stat. 536.
Mar. 4, 1917, ch. 179, 39 Stat. 1167.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 1540. § 130. Pleuropneumonia in District of Columbia; duties of Council of the District of Columbia Whenever any contagious, infectious, or communicable disease affecting domestic animals or live poultry, and especially the disease known as pleuropneumonia, shall be brought into or shall break out in the District of Columbia, it shall be the duty of the Council of said District to take measures to suppress the same promptly and to prevent the same from spreading; and for this purpose the said Council is empowered to order and require that any premises, farm, or farms where such disease exists, or has existed, be put in quarantine; to order all or any animals coming into the District to be detained at any place or places for the purpose of inspection and examination; to prescribe regulations for and to require the destruction of animals or live poultry affected with contagious, infectious, or communicable disease, and for the proper disposition of their hides and carcasses; to prescribe regulations for disinfection, and such other regulations as they may deem necessary to prevent infection or contagion being communicated, and shall report to the Secretary of Agriculture whatever it may do in pursuance of the provisions of this section.

(May 29, 1884, ch. 60, §8, 23 Stat. 33; 1967 Reorg. Plan No. 3, § 402(430), eff. Aug. 11, 1967, 32 F.R. 11669, 81 Stat. 948; Pub. L. 93-198, title IV, § 401, Dec. 24, 1973, 88 Stat. 793.)

CODIFICATION

Substitution of Secretary of Agriculture for Commissioner of Agriculture, see Codification note set out under section 112 of this title.

Section is also set out as section 1-230a of the District of Columbia Code.

TRANSFER OF FUNCTIONS

"Council of the District of Columbia" was substituted for "District of Columbia Council" pursuant to section 401 of Pub. L. 93-198. The District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, was abolished as of noon Jan. 2, 1975, by Pub. L. 93198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1-131 of the District of Columbia Code, and replaced by the Council of the District of Columbia, as provided by section 401 of Pub. L. 93-198, classified to section 1-141 of the District of Columbia Code. Previously, references to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council pursuant to section 402(430) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, effective Nov. 3, 1967, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to the prescribing of regulations for the destruction of animals or live poultry affected by contagious, infectious, or communicable disease, and for the proper disposition of their hides and carcasses, and the prescribing of regulations for disinfection and other regulations under this section to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing the District of Columbia Council, see section 201 of the Reorg. Plan No. 3 of 1967.

EXTENSION OF PROVISIONS TO LIVE POULTRY

Act Feb. 7, 1928, ch. 30, 45 Stat. 59, extended the provisions of this section to live poultry.

CROSS REFERENCES

Diseases and quarantine in the District of Columbia, see sections 111 and 123 to 127 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 113, 114, 118, 119 of this title; title 16 section 1540.

§ 131. Fences along international boundary lines to keep out diseased animals

The Secretary of Agriculture may permit the erection of fences along international boundary lines, but entirely within the territory of the United States, for the purpose of keeping out diseased animals.

(May 26, 1910, ch. 256, 36 Stat. 440.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 1540. § 132. Transferred

CODIFICATION

Section, act May 23, 1908, ch. 192, 35 Stat. 254, which related to inspection of dairy products for export, was transferred to section 693 of this title.

§ 133. Repealed. July 13, 1949, ch. 307, 63 Stat. 410

Section, act July 24, 1946, ch. 592, 60 Stat. 633, related to the establishment of a quarantine station on Swan Island.

§ 134. Definitions

As used in this Act unless the context indicates otherwise

(a) The term "Secretary" means the Secretary of Agriculture.

(b) The term "animals" means all members of the animal kingdom including birds, whether domesticated or wild, but not including man.

(c) The term "United States" means the States, Puerto Rico, Guam, the Virgin Islands of the United States, and the District of Columbia.

(d) The term "interstate" means from a State or other area included in the definition of "United States" to or through any other State or other such area.

(Pub. L. 87-518, § 1, July 2, 1962, 76 Stat. 129.)

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 87-518, July 2, 1962, 76 Stat. 129, which enacted sections 134 to 134h of this title and amended sections 114a, 123 to 126, and 128 of this title and section 1114 of Title 18, Crimes and Criminal Procedure. For complete classification of this Act to the Code, see Tables volume.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 134e, 134f, 134g, 134h of this title; title 16 section 1540.

§ 134a. Seizure, quarantine, and disposal of livestock or poultry to guard against introduction or dissemination of communicable disease

(a) Authority of Secretary

The Secretary, whenever he deems it necessary in order to guard against the introduction or dissemination of a communicable disease of livestock or poultry, may seize, quarantine, and dispose of, in a reasonable manner taking into consideration the nature of the disease and the necessity of such action to protect the livestock or poultry of the United States: (1) any animals which he finds are moving or are being handled or have moved or have been handled in interstate or foreign commerce contrary to any law or regulation administered by him for the prevention of the introduction or dissemination of any communicable disease of livestock or poultry; (2) any animals which he finds are moving into the United States, or interstate, and are affected with or have been exposed to any communicable disease dangerous to livestock or poultry; and (3) any animals which he finds have moved into the United States, or interstate, and at the time of such movement were so affected or exposed.

(b) Determination of extraordinary emergency due to dangerous communicable disease; seizure, quarantine, and disposal of animals; action authorized only if adequate measures not taken by State or other jurisdiction; notice to State or other jurisdiction

Whereas the existence of any dangerous, communicable disease of livestock or poultry, such as foot-and-mouth disease, rinderpest, or European fowl pest, on any premises in the United States would constitute a threat to livestock and poultry of the Nation and would seriously burden interstate and foreign commerce, whenever the Secretary determines that an extraordinary emergency exists because of the outbreak of such a disease anywhere in the United States, and that such outbreak threatens the livestock or poultry of the United States, he may seize, quarantine, and dispose

of, in such manner as he deems necessary or appropriate, any animals in the United States which he finds are or have been affected with or exposed to any such disease and the carcasses of any such animals and any products and articles which he finds were so related to such animals as to be likely to be a means of disseminating any such disease: Provided, That action shall be taken under this subsection only if the Secretary finds that adequate measures are not being taken by the State or other jurisdiction. The Secretary shall notify the appropriate official of the State or other jurisdiction before any action is taken in any such State or other jurisdiction pursuant to this subsection. (c) Notice to owner to quarantine or to dispose of animal, carcass, product, or article; action on failure to comply; costs

The Secretary in writing may order the owner of any animal, carcass, product, or article referred to in subsection (a) or (b) of this section, or the agent of such owner, to maintain in quarantine, and to dispose of such animal, carcass, product, or article in such manner as the Secretary may direct pursuant to authority vested in him by such subsections. If such owner or agent fails to do so after receipt of such notice, the Secretary may take action as authorized by said subsections (a) and (b) and recover from such owner or agent the reasonable costs of any care, handling, and disposal incurred by the Secretary in connection therewith. Such costs shall not constitute a lien against the animals, carcasses, products, or articles involved. Costs collected under this section shall be credited to the current appropriation for carrying out animal disease control activities of the Department.

(d) Compensation of owner; fair market value; payments from State or other source; availability of funds

Except as provided in subsection (e) of this section, the Secretary shall compensate the owner of any animal, carcass, product, or article destroyed pursuant to the provisions of this section. Such compensation shall be based upon the fair market value as determined by the Secretary, of any such animal, carcass, product, or article at the time of the destruction thereof. Compensation paid any owner under this subsection shall not exceed the difference between any compensation received by such owner from a State or other source and such fair market value of the animal, carcass, product, or article. Funds in the Treasury available for carrying out animal disease control activities of the Department of Agriculture shall be used for carrying out this subsection.

(e) Restriction on payment of compensation in cases of violation of law or regulation

No such payment shall be made by the Secretary for any animal, carcass, product, or article which has been moved or handled by the owner thereof or his agent knowingly in violation of a law or regulation administered by the Secretary for the prevention of the interstate dissemination of the communicable disease, for which the animal, carcass, product, or article was destroyed or a law or regulation for the enforcement of which the Secretary enters or has entered into a cooperative agreement for the con

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