2015 -- H 5943

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LC001731

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY - TUBERCULOSIS CONTROL

     Introduced By: Representatives Azzinaro, Carnevale, Craven, Kennedy, and Serpa

     Date Introduced: March 19, 2015

     Referred To: House Environment and Natural Resources

     (Environmental Management)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 4-5-7, 4-5-8, 4-5-10, 4-5-11, 4-5-12 and 4-5-13 of the General

Laws in Chapter 4-5 entitled "Tuberculosis Control" are hereby repealed.

     4-5-7. Application for permission to import. -- All persons, firms, corporations, or

associations intending to ship, transport, import, or to drive any bovine animals into the state,

shall make written application to the director of environmental management for permission to

ship, transport, import, or drive bovine animals into this state, and in that application shall state

the breed, sex, age, and general marking on each animal and with the application shall forward to

the director:

      (1) A chart signed by a veterinarian approved by the United States department of

agriculture showing that the animals described are from officially tuberculosis free accredited

herds or are from herds officially under state and federal supervision for the eradication of bovine

tuberculosis. All herds from which those animals originate shall have passed a negative

intradermic tuberculin test at least three (3) months prior to date of shipment; except that in the

case of all animals originating in accredited herds, those herds shall have passed a negative

intradermic tuberculin test within one year from date of shipment; and

      (2) A certificate of a veterinarian approved as provided in subsection (1), that upon a

negative intradermic tuberculin test and a physical examination, those animals have been found to

be free from tuberculosis or other contagious or communicable disease, and are from a herd

officially under state and federal supervision for the eradication of bovine tuberculosis, which at

its last tuberculin test revealed no reactors.

     4-5-8. Issuance of permit to import. -- Upon the receipt of an application pursuant to §

4-5-7, chart and certificate, the director of environmental management shall issue a permit to the

owner or importer of those animals to ship, import, transport, or drive the animals described in

the application into this state. All animals which are being shipped, transported, imported, or

driven into the state shall at all times be accompanied with this permit.

     4-5-10. Penalty for importation without permit. -- Any person, firm, corporation, or

association shipping, transporting, importing, or driving any bovine animals into this state

without first obtaining an import permit or who fails to have any bovine animal which is being

shipped, transported, imported, or driven into the state accompanied at all times with that permit

shall be fined not more than five hundred dollars ($500), or be imprisoned for not more than one

year, or both.

     4-5-11. Prosecution of violations. -- Complaints for the violation of the provisions of §§

4-5-7 -- 4-5-10 shall be made by the director of the department of environmental management,

and the director is exempt from giving surety for costs on any complaint made.

     4-5-12. Notice of arrival of imported animals. -- The person, firm, corporation, or

association importing any animal in pursuance of the permit shall immediately on the arrival of

that animal in the state send written notice of that arrival to the director of environmental

management, and any person, firm, corporation, or association who fails to notify the director is

guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars

($500) or be imprisoned for not more than one year, or both.

     4-5-13. Examination and certification of imported cattle. -- Upon the receipt of the

notification pursuant to § 4-5-12, the director of environmental management, or the director's

duly authorized representative, shall proceed within seventy-two (72) hours to the place

designated, and make a physical examination of the cattle; and if upon that examination the cattle

are deemed free from tuberculosis, it shall be certified by the director upon a permit, and a

duplicate permit shall be given to the owner of the cattle, and the cattle released for the use and

benefit of the owner.

     SECTION 2. Section 4-5-14 of the General Laws in Chapter 4-5 entitled "Tuberculosis

Control" is hereby amended to read as follows:

     4-5-14. Quarantine of imported cattle -- Intradermic test. -- If after the examination

pursuant to § 4-5-13 importation of cattle by any person, firm, corporation, or association, the

director of environmental management is of the opinion that any of the cattle examined are

afflicted imported are at risk to be infected with tuberculosis, or if he or she has reason to

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question the accuracy or reliability of the test charts under which the cattle were imported into

this state, or if for any other reason he or she believes any of the cattle examined so imported may

be affected with tuberculosis, the director, if in his or her judgment that action appears advisable,

shall place the cattle in quarantine at their destination or at some other suitable place to be

designated by the director, and the cattle shall be held in quarantine for a period of not more than

ninety (90) days or until released by order of the director within that period. While those cattle are

held in quarantine, the director shall cause them to be tested for tuberculosis with tuberculin by

the intradermic test.

     SECTION 3. This act shall take effect upon passage and shall apply to incidents

occurring on or after the effective date.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY - TUBERCULOSIS CONTROL

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     This act would repeal several provisions of the general laws pertaining to tuberculosis in

animals, and empowers the director of environmental management the right to quarantine cattle if

the cattle are at risk of being infected.

     This act would take effect upon passage and would apply to incidents on or after the

effective date.

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