54-2945. Bovine trichomoniasis; prohibited acts; duty to report; notice to adjacent landowner or land manager; form or affidavit submitted to department; department; duties; costs.
(1) Any person who reasonably suspects that any beef or dairy breeding bull belonging to him or her, or which he or she has in his or her possession or custody, is infected with bovine trichomoniasis shall not sell or transport such animal except for consignment directly to a federally recognized slaughter establishment unless such person causes such animal to be tested for bovine trichomoniasis.
(2) Any person who owns or has possession or custody of a beef or dairy breeding bull, or who has a beef or dairy breeding bull belonging to another under his or her observation, for which an approved laboratory confirmed diagnosis of bovine trichomoniasis has been made shall report such diagnosis to the department within five business days after receipt of the laboratory confirmation.
(3) Any such breeding bull for which a laboratory confirmation of bovine trichomoniasis has been made shall not be sold or transported except for consignment directly to a federally recognized slaughter establishment. The department may issue an order for such trichomoniasis positive bull to go directly to slaughter if the owner or custodian of such animal does not comply as set forth in this section.
(4) An owner or manager of any beef or dairy breeding bull for which an approved laboratory confirmed diagnosis of bovine trichomoniasis has been made shall notify each adjacent landowner or land manager of the diagnosis if such land is capable of maintaining livestock susceptible to bovine trichomoniasis. Such notification shall be made to each landowner or land manager within fourteen days after the diagnosis even if cattle are not currently maintained on the owner's or manager's land.
(5) The owner or manager of the cattle shall submit to the department a form or affidavit attesting to the fact that the notification required under this section has occurred. The form or affidavit shall be submitted to the department within fourteen days after the diagnosis and shall include the names of adjacent landowners or land managers who were notified and their contact information. If an owner or a manager does not within such fourteen-day period submit the form or affidavit indicating that adjacent landowners or land managers have been notified as required under this subsection, the department shall notify such adjacent landowners or land managers of the diagnosis.
(6) The department shall assess the administrative costs of the department to notify the adjacent landowners or land managers against the owner or manager that failed to comply with subsection (5) of this section. The department shall determine the scope of adjacent land based on the disease characteristics and modes of transmission. The department shall remit any administrative costs collected under this subsection to the State Treasurer for credit to the Animal Health and Disease Control Act Cash Fund.
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