CHAPTER 433
DISEASES OF DOMESTIC ANIMALS

Table of Contents

Sec. 22-278. Orders and regulations for control of livestock diseases.
Sec. 22-279. Quarantine of animals. Penalties.
Sec. 22-279a. Quarantine of animals being tested for disease or biological or chemical residue.
Sec. 22-280. Control of communicable diseases. Fees.
Sec. 22-280a. Transporting and possession of vaccines and serums for dogs and cats.
Secs. 22-281 to 22-283. Glanders or farcy. Inspection of animals; quarantine. Disposal of infected animal.
Sec. 22-284. Anthrax or charbon.
Sec. 22-284a. Vaccination of equine animals against encephalomyelitis.
Sec. 22-285. Emergency appropriations for suppression of diseases.
Sec. 22-286. Cooperation with United States government.
Sec. 22-287. Tuberculin tests; disposition of reactors; addition to herds; surveillance tests.
Sec. 22-288. Compensation for condemned cattle.
Sec. 22-288a. Condemnation of herd. Compensation. Appeals.
Sec. 22-289. Manufacture and sale of tuberculin.
Sec. 22-290. Tuberculin test.
Sec. 22-291. Tuberculosis-free accredited herd defined.
Sec. 22-292. Additions to an officially tested herd.
Sec. 22-293. Additions or sales to be reported.
Sec. 22-294. Care of herds.
Sec. 22-295. Owners to keep records.
Sec. 22-296. Quarantine of infected herd. Permit for removal of animals.
Sec. 22-297. Appraisal on post mortem examination.
Sec. 22-298. Test for brucellosis. Branding. Quarantine.
Sec. 22-299. Inclusion of calfhood vaccinated animals in herd test. Modified certified areas. Removal of animals under quarantine.
Sec. 22-299a. Brucellosis class free areas. Quarantine.
Sec. 22-300. Compulsory testing.
Sec. 22-301. Permit for sale of milk contingent on herd complying with statutes.
Sec. 22-302. Informative tests to be at state expense.
Sec. 22-303. Brucellosis vaccination.
Sec. 22-304. Control of disease in imported cattle. Disposal of reactors.
Sec. 22-305. No distinction between dairy and beef cattle.
Sec. 22-306. Enforcement. Regulations. Penalty.
Sec. 22-307. Indemnities.
Sec. 22-308. Permit for importation of cattle and goats.
Sec. 22-309. Refusal of permit.
Sec. 22-310. Importation of dairy and breeding cattle and goats.
Sec. 22-311. Report of arrival.
Sec. 22-312. Requirements concerning dairy cattle and goats.
Sec. 22-313. Cattle for slaughter.
Sec. 22-314. Disinfection of carriers.
Sec. 22-315. Illegal importations. Reward for information.
Sec. 22-316. Disposal of diseased cattle and goats.
Sec. 22-317. Cattle in transit.
Sec. 22-318. Importation of feeder cattle.
Sec. 22-318a. Dispersal sale of herd.
Sec. 22-318b. Issuance of interstate health charts for cattle at time of sale.
Sec. 22-319. Registration of growers of swine. Control of disease.
Sec. 22-319a. Hog cholera serum or vaccine prohibited. Penalty.
Sec. 22-320. Control of vesicular exanthema in swine.
Sec. 22-320a. Definitions.
Sec. 22-320b. Garbage to be heated to boiling point.
Sec. 22-320c. Registration.
Sec. 22-320d. Suspension, revocation or withholding of registration.
Sec. 22-320e. Inspections concerning cooking of garbage.
Sec. 22-320f. Regulations.
Sec. 22-320g. Feeding of household garbage to swine excepted.
Sec. 22-320h. Penalty.
Sec. 22-321. Penalty.

      Sec. 22-278. Orders and regulations for control of livestock diseases. For the purposes of this chapter "livestock" is defined as any camelid or hooved animal raised for domestic or commercial use. The Commissioner of Agriculture is authorized, subject to sections 4-168 to 4-174, inclusive, to make orders and regulations concerning the importation, transportation, trailing, riding, driving, exhibiting, examining, testing, identification, quarantining or disposing of livestock to prevent the spread of contagious and infectious diseases among livestock and to protect the public from such diseases as may be transmissible to human beings, either directly or through the products of such animals, and orders and regulations for the conservation of livestock the products from which are used for food or clothing. The commissioner shall give notice of any such order to any person named therein by leaving a copy of such order with, or at the last-known place of abode of, such person, if a resident of the state; if not a resident of the state, by leaving a copy with, or at the last-known place of abode of, an agent of such person, or the person having custody of the animals described in such order, if within the state, or by forwarding a copy of such order by registered or certified mail addressed to the last-known address of the person named therein. The commissioner, in case of emergency, may give notice of any regulation limiting or prohibiting the importation, transportation, trailing, riding, driving, exhibiting or disposing of livestock on any highway by publishing a copy of such regulation in a newspaper published or having a substantial circulation in the town in which the highway affected by such regulation may be located. The commissioner shall give notice of any such order or regulation to any common carrier named therein or affected thereby by leaving a copy of such order or regulation with the president, secretary or treasurer of the company acting as common carrier, or by leaving a copy with any person or firm acting as a common carrier, or at the last-known residence of any such person or a member of such firm in charge of any office of such carrier. The commissioner is authorized to employ assistants needed to enforce any such order or regulation. Any person or any officer or agent of any corporation who violates any provision of any such order or regulation, or who obstructs or attempts to obstruct the commissioner or any assistant engaged in the discharge of any duty hereunder, may be fined not more than one hundred dollars or may be assessed an administrative civil penalty in accordance with section 22-7.

      (1949 Rev., S. 3318; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1967, P.A. 136; 1971, P.A. 872, S. 446, 448; P.A. 88-317, S. 84, 107; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 06-19, S. 9.)

      History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1967 act added definition of "livestock", rephrased provisions, switching verbs from passive to active voice, etc. and added reference to regulations re exhibiting livestock; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 88-317 amended reference to Sec. 4-168 to 4-174 to include new section added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 06-19 redefined "livestock" to include camelids, made $100 fine discretionary and replaced 30-day imprisonment provision with administrative civil penalty provision, effective May 2, 2006.

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      Sec. 22-279. Quarantine of animals. Penalties. (a) The Commissioner of Agriculture or his deputy or authorized agents may quarantine all animals that they have reasonable grounds to believe (1) are infected with a communicable disease, (2) do not meet import, export or disease testing requirements of the department or (3) are kept under unsanitary conditions which, in the opinion of the commissioner or his deputy or authorized agents, endanger the public health or the health of such animals. The quarantine may (A) prohibit or regulate the sale of such quarantined animals and all the products of such quarantined animals, and (B) require that such animals and the products of such animals be confined in a place designated by the commissioner or his deputy or authorized agents, for such time as the commissioner judges necessary.

      (b) Any person who violates any provision of any quarantine imposed under this section shall be fined five hundred dollars for each day during which such violation continues, up to a maximum fine of twenty-five thousand dollars.

      (1949 Rev., S. 3320; P.A. 81-231, S. 1, 6; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: P.A. 81-231 expanded the commissioner's quarantine powers to include animals that do not meet disease testing requirements and animals kept under unsanitary conditions and added Subsec. (b) establishing a penalty for violations; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Quarantine of farm held no legal justification for failure to carry out contract to supply milk. 92 C. 394.

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      Sec. 22-279a. Quarantine of animals being tested for disease or biological or chemical residue. Any livestock animal or poultry being tested for any disease in accordance with the Uniform Methods and Rules of the United States Department of Agriculture or for any biological or chemical residue shall be quarantined on the premises where the test is made until the test results are available and the test chart is signed by a veterinarian or an employee of the Department of Agriculture administering the test, provided the commissioner may release such livestock animal or poultry from quarantine at any time. Any blood, tissue or milk sample taken from any livestock animal or poultry pursuant to this section shall be submitted for analysis to a laboratory approved by the Commissioner of Agriculture. The laboratory shall report the results of the test to the commissioner who shall notify the person administering the test of such results.

      (P.A. 84-6, S. 1, 2; P.A. 97-234, S. 9; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1.)

      History: P.A. 97-234 deleted reference to repealed Sec. 22-394; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-280. Control of communicable diseases. Fees. All veterinary work concerning the control of communicable diseases in, and the examination of, domestic animals, except poultry, which is carried out under state or federal supervision in accordance with the provisions of the general statutes, shall be performed by an approved veterinarian who has been accredited by the Animal Health Division of the United States Department of Agriculture and licensed to practice veterinary medicine in this state and who is included on a list approved for such purpose by the Commissioner of Agriculture, whom the owner of such animals may designate. If such owner fails to express a preference or the work is not done within sixty days, such veterinary work may be performed by a veterinarian designated by the Commissioner of Agriculture, who shall be a licensed accredited veterinarian, a veterinarian employed by the Department of Agriculture or a veterinarian employed by the United States Department of Agriculture. The commissioner shall, by regulations adopted in accordance with the provisions of chapter 54, establish fees for the performance of such veterinary work. Nothing in this section shall be construed as interfering with the supervision and control of such work by the commissioner or with the performance, supervision or control of such work by the Animal Health Division of the United States Department of Agriculture, or with research work conducted by any state or federal agency.

      (1949 Rev., S. 3321; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1969, P.A. 68; 1971, P.A. 24; 872, S. 446, 448; P.A. 79-199, S. 1, 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1969 act substituted "animal health division of the United States department of agriculture" for "United States bureau of animal industry" and required that veterinarians performing work under provisions of section be licensed to practice in state and be on commissioner's approved list and required commissioner to select veterinarian if work not done within 60 days; 1971 acts required veterinarian selected by commissioner to be licensed or employed by department or employed by United States Department of Agriculture and replaced commissioner of agriculture and natural resources with commissioner and department of agriculture; P.A. 79-199 gave commissioner power to establish fees for work performed by regulation; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-280a. Transporting and possession of vaccines and serums for dogs and cats. No antiserum, vaccine or other biological product for use in the control, prevention or treatment of canine distemper, canine infectious hepatitis, leptospirosis, rabies or feline distemper shall be shipped or transported into the state without the written permission of the State Veterinarian except to a licensed practicing veterinarian. No person, firm or corporation, nor the agent or employee of any corporation, shall have in his possession or use any vaccine, virus, serum or preparation of a similar nature for canine distemper, canine infectious hepatitis, leptospirosis, rabies or feline distemper without the written permission of the State Veterinarian, unless he is a licensed practicing veterinarian or acquired such preparation on a prescription issued by such a veterinarian for a specific animal. Any person, firm or corporation violating the provisions of this section shall be fined not more than two hundred fifty dollars for each offense.

      (1959, P.A. 286.)

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      Secs. 22-281 to 22-283. Glanders or farcy. Inspection of animals; quarantine. Disposal of infected animal. Sections 22-281 to 22-283, inclusive, are repealed.

      (1949 Rev., S. 3315-3317; P.A. 80-159.)

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      Sec. 22-284. Anthrax or charbon. The Commissioner of Agriculture shall have plenary power to deal with all outbreaks of the contagious disease in domestic animals known as anthrax or charbon, and he may provide for the vaccination or immunization of cattle or horses kept on lands known or suspected to be infected with germs or spores of anthrax, or kept on lands adjacent to such infected lands, and he may provide for the vaccination and immunization of animals which may have been exposed to said disease, at the expense of the state. The commissioner may make and enforce such regulations, orders and quarantines as in his judgment may be necessary for the control of said disease.

      (1949 Rev., S. 3319; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-284a. Vaccination of equine animals against encephalomyelitis. Section 22-284a is repealed.

      (P.A. 73-312, S. 1, 2; P.A. 77-161.)

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      Sec. 22-285. Emergency appropriations for suppression of diseases. The Governor is authorized, in the case of an emergency arising from the prevalence of any contagious disease among domestic animals, to appropriate such sum or sums as may be necessary to defray the state's share of the expense incurred in cooperating with the federal authorities in the suppression and extirpation of any such disease, which cooperation by said federal authorities is authorized under an Act of Congress approved May 29, 1884.

      (1949 Rev., S. 3344; 1967, P.A. 262; P.A. 81-56, S. 2.)

      History: 1967 act authorized emergency appropriations to combat hog cholera; P.A. 81-56 repealed provision limiting compensation for condemned animals to 50% of actual value of animal or contaminated equipment in keeping with amendments in Sec. 22-288 and deleted specific reference to foot and mouth disease and hog cholera.

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      Sec. 22-286. Cooperation with United States government. The Commissioner of Agriculture shall have authority to cooperate with the Animal and Plant Health Inspection Service, Veterinary Services, of the United States Department of Agriculture in any national plan adopted by said department or service for the control and eradication of livestock and avian contagious or infectious diseases. Said commissioner may accept from the United States such assistance, financial or otherwise, for the condemnation of diseased animals, for remunerating the owners thereof and for carrying out the provisions of this chapter as may be available from time to time. Upon the acceptance of said national plan by the Governor, after consultation with the commissioner, the officials of the Animal and Plant Health Inspection Service, Veterinary Services, of the United States Department of Agriculture, at the request of the commissioner, shall have the right to inspect, quarantine and condemn animals affected with any contagious, infectious or communicable disease or suspected to be affected with, or that have been exposed to, any such disease, and may enter any grounds or premises for these purposes. The commissioner may call upon law enforcement officials including, but not limited to, state police and municipal police officials to assist them in the discharge of their duties in carrying out the provisions of such national plan and of this section, and law enforcement officials shall render such assistance when so called upon.

      (1949 Rev., S. 3347; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 85-51, S. 1; P.A. 00-99, S. 61, 154; P.A. 02-35, S. 1; P.A. 03-123, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 85-51 substituted "Animal And Plant Health Inspection Service, Veterinary Services", for "Bureau of Animal Industry"; P.A. 00-99 deleted references to sheriffs, effective December 1, 2000; P.A. 02-35 changed "national system" to "national plan", "bovine tuberculosis or any contagious or infectious disease of any bovine animal" to "livestock and avian contagious or infectious diseases", added provision re control of such diseases, deleted reference to chapter 432, changed "inspectors" to "officials", provided that such officials act "at the request of the commissioner", required the Governor to consult with the commissioner and enabled the commissioner to call upon law enforcement officials, including state police and municipal officials, rather than "constables", effective July 1, 2002; P.A. 03-123 made technical changes, effective June 26, 2003; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-287. Tuberculin tests; disposition of reactors; addition to herds; surveillance tests. (a) The Commissioner of Agriculture may cause all neat cattle and all goats in the state to be tuberculin tested by a licensed accredited veterinarian at the expense of the state or by a veterinarian employed by the United States Department of Agriculture or by a veterinarian employed by the Department of Agriculture. The owner of any such herd to be so tested shall provide assistance and proper restraint for confining the animals for and during the application of said tests. When said commissioner has determined the condition of such animals by physical examination and tuberculin test performed by said veterinarians, each animal reacting to such test shall be immediately segregated from the animals not reacting to such test by the owner thereof and each animal reacting to such test shall be appraised as provided in section 22-288 and shall be disposed of and the premises upon which such animal has been kept shall be cleaned and disinfected within fifteen days thereafter, subject to the approval of the commissioner or his deputy or any authorized agent of the commissioner. No animals shall be added to the herd until such premises have been so cleaned and disinfected and inspected and approved by the commissioner or his deputy or any authorized agent of the commissioner. Any animal reacting to such test which has been disposed of as provided by this section shall be paid for by the Comptroller, provided funds shall be available for such purposes and provided the animal reacting to such test and disposed of shall have been approved by said commissioner as a proper addition to the herd.

      (b) Surveillance tests may be performed by a technician trained by and under the supervision of the State Veterinarian and employed by the Department of Agriculture, provided no condemnation shall be made on the basis of such surveillance tests. The owner of any herd to be so tested shall provide assistance and proper restraint for confining the animals for and during the application of such tests.

      (1949 Rev., S. 3346; 1959, P.A. 637, S. 2; 1961, P.A. 67; February, 1965, P.A. 32, S. 1; 1971, P.A. 4; 872, S. 446, 448; P.A. 77-267, S. 1; June Sp. Sess. P.A. 91-10, S. 7, 20; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1; P.A. 10-32, S. 82.)

      History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1965 act required that owner provide assistance and restraint for animals being tested and prohibited adding animals to herd until premises are clean, disinfected, inspected, etc.; 1971 acts allowed veterinarians employed by state department of agriculture and natural resources to administer tests and later replaced commissioner and department of agriculture and natural resources with commissioner and department of agriculture; P.A. 77-267 added Subsec. (b) re surveillance tests; June Sp. Sess. P.A. 91-10 amended Subsec. (a) to make commissioner's duty under this section a discretionary power; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 10-32 deleted reference to Livestock Division and made technical changes in Subsec. (b), effective May 10, 2010.

      See Sec. 22-388 re periodic testing of livestock for infectious diseases.

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      Sec. 22-288. Compensation for condemned cattle. (a) The Commissioner of Agriculture may cause any domestic animal which has given a positive reaction to the tuberculin test to be killed, but no such bovine animal shall be killed until its value has been determined by the owner and the commissioner. If they are unable to agree upon the value of such animal, each shall choose an arbitrator and the two so chosen shall choose a third and the three so chosen, or a majority of the three so chosen, shall determine the value of such animal, and the value so determined shall be approved by the commissioner. When a certificate has been filed with the commissioner that such animal has been killed and the premises disinfected according to the order of the commissioner, within a period of fifteen days following the issuance of such order, the amount determined under subsection (b) of this section shall be paid to the owner by the state. If a majority of the three arbitrators do not agree, they shall so find and report and the commissioner shall then determine the value of such animal or animals, which shall be final; but no animal, the physical condition of which is such that it is of no real value, and no animal which has been in the state for a period of less than three months next preceding its quarantine shall be paid for by the state; provided such award may be paid in the case of cattle from any herd which has been officially accredited, or from an officially declared modified accredited area, or from any herd the entire number of which has passed two negative tests and such cattle have not, since passing such tests, been exposed to infection from tuberculosis. The provisions of this section shall not apply to animals condemned to prevent the spread of foot and mouth disease or anthrax.

      (b) The state shall appraise any condemned registered purebred bovine animal for a sum not exceeding two thousand dollars and any grade bovine animal for a sum not exceeding eleven hundred dollars. The amount paid for any bovine animal which is condemned pursuant to this section and sold for slaughter, shall be deposited in the General Fund. The amount paid by the state to the owner of any such animal shall be limited to the difference between the fair market value of such animal and the amount of any indemnity or payment for such animal received by the owner from the federal government. No compensation shall be paid to the owner of any such domestic animal by the state unless such animal has been destroyed to prevent the spread of an infectious or contagious disease. Any animal which has reacted to the tuberculin test shall be tagged in the left ear by the person making such test with a numbered metal ear tag, which tag shall have stamped or impressed thereon the following: "Ct. Reacted, Number (....)", including the number of such tag. Such tags shall be furnished by said commissioner and shall be numbered consecutively beginning with the number one, and such animal shall also be branded at the time of the test with the letter "T" on the left jaw. No such animal shall be killed, sold or used for food, except under the direction of said commissioner.

      (1949 Rev., S. 3322; 1949, June, 1949, S. 1780d; 1959, P.A. 608; 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 78-190, S. 1; P.A. 81-56, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 acts replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources and increased maximum appraised values of purebred bovines from $300 to $325 and of grade bovines from $250 to $275; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 78-190 increased maximum appraised values for purebred bovines to $750 and for grade bovines to $500; P.A. 81-56 divided section into Subsecs., increased maximum appraisal of purebred animal from $750 to $2,000 and of grade animal from $500 to $1,100, required deposit of amount received from sale of condemned animal for slaughter in general fund and limited amount paid by state to owner to difference between fair market value and amount of indemnity owner receives from federal government; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      The right to recover damages is purely the creation of statute. 72 C. 285. Cited. 190 C. 622.

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      Sec. 22-288a. Condemnation of herd. Compensation. Appeals. If the Commissioner of Agriculture finds the presence of tuberculosis or brucellosis recurring in one herd within any two-year period, or if he finds any herd of cattle substantially infected with tuberculosis or brucellosis, he may order the condemnation of such herd and compensation therefor shall be paid in accordance with section 22-288. Said compensation shall not be paid, nor shall the herd be restocked, until the premises from which such herd was taken have been cleaned and disinfected, and such premises have been inspected and approved by the commissioner or his deputy or any authorized agent of the commissioner. Any person aggrieved by an order of the commissioner to so condemn a herd may, within seven days after such order, appeal therefrom in accordance with the provisions of section 4-183.

      (February, 1965, P.A. 21, S. 1; 1971, P.A. 872, S. 446, 448; P.A. 78-190, S. 2; P.A. 79-560, S. 11, 39; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 78-190 deleted proviso requiring separate appraisal of purebred bovines and grade bovines at maximum rate of $390 and $330 for each, respectively; P.A. 79-560 replaced provisions re appeals to state board of agriculture with provision requiring that appeals be made in accordance with Sec. 4-183; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Cited. 190 C. 622.

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      Sec. 22-289. Manufacture and sale of tuberculin. The Commissioner of Agriculture may, in writing, permit any person to make, produce, keep, use or sell tuberculin, and no person without such written permit shall make, produce, keep, use or sell tuberculin. Any person making any sale of tuberculin shall, within twenty-four hours after such sale, report in writing to said commissioner the quantity of tuberculin sold and the name and address of the purchaser.

      (1949 Rev., S. 3357; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-290. Tuberculin test. The tuberculin test shall be any approved tuberculin test or a combination of approved tests. Any animal which has been found to react shall not be presented for another tuberculin test. Any herd or any animal in any herd shall be tested or retested at any time when such test is deemed advisable by the federal and state authorities. Any person using tuberculin for the purpose of making any test of any animal shall, within twenty-four hours after such test, report to the Commissioner of Agriculture in writing the result of such test, which report shall include the name and address of the owner or the keeper of such animal and the test chart and the data sufficient for the identification of any animal so tested.

      (1949 Rev., S. 3350, 3351, 3357; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-291. Tuberculosis-free accredited herd defined. A tuberculosis-free accredited herd shall be any herd which has been maintained under sanitary conditions and which has passed two successful annual or three successful semiannual physical examinations and tuberculin tests. Each tuberculin test and physical examination shall be made by a veterinarian regularly employed by the United States Bureau of Animal Industry or a veterinarian authorized by the Commissioner of Agriculture.

      (1949 Rev., S. 3349; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      See Sec. 22-192a re prohibition against selling milk as if from tuberculin-tested or brucellosis-tested cows unless cows are so tested.

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      Sec. 22-292. Additions to an officially tested herd. Animals to be added to a herd shall comply with the following requirements: From another herd of like or higher status, no retest shall be required; from a herd of lower status, the animal to be added shall pass two negative tests not less than sixty nor more than ninety days apart, during which time it shall be kept separate from the herd. All retests for addition shall be made at no expense to the state. Animals which are added to herds under supervision, which have not been retested and maintained apart from the herd as required, are not eligible for remuneration if they react. No person shall remove ear tags from any animal or exchange them from one animal to another.

      (1949 Rev., S. 3354.)

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      Sec. 22-293. Additions or sales to be reported. The addition to, or the sale of any animal from, a herd under supervision as provided in sections 22-286 to 22-295, inclusive, shall be reported to the Commissioner of Agriculture within seven days after the purchase or sale, and such report shall include the ear tag or registration number and the name of the party from whom or to whom the transfer was made.

      (1949 Rev., S. 3348; P.A. 96-180, S. 75, 166; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: P.A. 96-180 changed "Said commissioner" to "the Commissioner of Agriculture", effective June 3, 1996; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-294. Care of herds. The owner of any herd shall house, feed and care for such herd under such sanitary conditions as shall promote the health of such herd. No calf shall be fed milk or any other dairy product except such milk or other product as has been produced by a herd that has been tuberculin tested, or such milk or other dairy product as has been pasteurized by being maintained at a heat of one hundred forty-two degrees Fahrenheit for a period of thirty minutes.

      (1949 Rev., S. 3352.)

      See Sec. 22-194 for definition of "pasteurization".

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      Sec. 22-295. Owners to keep records. The owner of any herd shall keep a record which shall include a description of each registered or graded animal in such herd and the final disposition which such owner makes of any animal of such herd. Each such animal shall be marked by a tag or other marking approved by the Commissioner of Agriculture.

      (1949 Rev., S. 3353; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-296. Quarantine of infected herd. Permit for removal of animals. When infection of tuberculosis is found in any herd of cattle or goats, the remaining animals in such herd shall be quarantined until such herd has passed three successive negative tests, at least sixty days to elapse between each two tests. No animals shall be removed from such herd while under quarantine, except under a written permit issued to the owner of the herd by the Commissioner of Agriculture or his agents to move directly from the quarantined premises to immediate slaughter. Such permit shall accompany such animals from the quarantined premises to the point where slaughter is to be effected. The owner shall deliver such permit to any person purchasing such animals, and such person shall exercise all reasonable diligence in determining that such permit is received by him and is valid, and that such permit shall accompany such animals to slaughter.

      (1949 Rev., S. 3355; 1959, P.A. 32, S. 1; 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 77-267, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 acts replaced commissioner and department of agriculture with commissioner and department of agriculture, conservation and natural resources, required permit for removal of animals from quarantined herd and added provisions re permits, replacing provision which had prohibited removal of animals except for beef or slaughter purposes; 1961 act replaced commissioner and department of agriculture, conservation and natural resources with commissioner and department of agriculture and natural resources; 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of agriculture; P.A. 77-267 made provisions applicable to goat herds; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-297. Appraisal on post mortem examination. Section 22-297 is repealed, effective October 1, 1997.

      (1949 Rev., S. 3356; P.A. 97-234, S. 11.)

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      Sec. 22-298. Test for brucellosis. Branding. Quarantine. (a) The Commissioner of Agriculture may require and provide for the drawing and collecting of blood samples for the control of brucellosis from goats over three months of age and herds of bovine animals, including male bovine animals, six months of age or over, but not including steers, and may at his discretion decide not to test heifers which have been officially calfhood vaccinated, until they have calved or are eighteen months of age. All blood samples shall be submitted to a laboratory approved by the Commissioner of Agriculture and all milk samples shall be submitted to a laboratory approved by said commissioner for examination and the results of such tests shall be reported by the laboratories to the commissioner in a manner prescribed by him. Upon receipt of the laboratory reports on any such tests, the commissioner shall inform the owner or agent and the veterinarian of the result thereof. When the commissioner has determined the condition of such herd by such tests, all animals reacting positively to any test for brucellosis shall be identified by branding with a hot iron on the left jaw and a metal number reactor tag in the left ear as approved by the commissioner. All such reactors shall be appraised, branded, tagged and slaughtered within fifteen days and the premises cleaned, disinfected and approved within thirty days after slaughter in order to qualify for indemnity under section 22-307. If the reaction of any animal to a test for brucellosis is suspicious, it may be identified and quarantined and shall not be disposed of without first obtaining written permission from the commissioner.

      (b) The state shall not be liable for any damage incurred or alleged to have been incurred by any such test.

      (c) No swine or goats used for breeding purposes shall be kept on the same premises as cattle unless such swine or goats are certified free from brucellosis. Any positive reactors shall be immediately slaughtered and the premises cleaned and disinfected.

      (d) The drawing of blood samples for brucellosis tests shall be restricted to the State Veterinarian, veterinarians employed by the Department of Agriculture, veterinarians employed by the federal government and veterinarians licensed to practice in this state and assigned by the commissioner for that purpose.

      (1949 Rev., S. 3328; 1955, S. 1785d; 1957, P.A. 36, S. 1; 1959, P.A. 477, S. 1; 637, S. 2; 1961, P.A. 67; 1967, P.A. 215; 1969, P.A. 104, S. 1; 1971, P.A. 5; 872, S. 446, 448; P.A. 77-267, S. 3; June Sp. Sess. P.A. 91-10, S. 8, 20; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1.)

      History: 1959 acts deleted provisions re herd owners' requests for brucellosis testing, allowing instead that commissioner may require such tests, increased age of heifers before testing from 24 to 30 months, required submission of milk samples to state department of health, specified that brand on afflicted animals be placed on left jaw and that left ear have metal reflector tag, required that premises where afflicted animals have been kept be cleaned, disinfected and approved within 30 days of their slaughter as qualification for indemnity and later replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1967 act made testing mandatory rather than optional, rephrased exemption re steers and other specially designated classes of animals to specifically include male bovines, 6 months or older except steers and reduced age for which postponement of testing for heifers applies from 30 to 24 months; 1969 act reduced age applicable to heifers to 18 months and replaced reference to Storrs Agricultural Experiment Station laboratory and to department of health laboratory with reference to laboratory approved by commissioner; 1971 acts replaced commissioner of agriculture and natural resources with commissioner of agriculture and added reference in Subsec. (d) to veterinarians employed by state department of agriculture; P.A. 77-267 made testing provisions applicable to goats over 3 months old; June Sp. Sess. P.A. 91-10 amended Subsec. (a) to make commissioner's duty under this section a discretionary power; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      See Sec. 22-288a re procedure for condemnation of herd and compensation of owner.

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      Sec. 22-299. Inclusion of calfhood vaccinated animals in herd test. Modified certified areas. Removal of animals under quarantine. Section 22-299 is repealed.

      (1955, S. 1786d; 1957, P.A. 36, S. 2; 1959, P.A. 477, S. 2; 1961, P.A. 256; 1963, P.A. 391, S. 5.)

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      Sec. 22-299a. Brucellosis class free areas. Quarantine. The Commissioner of Agriculture may make regulations to establish and maintain brucellosis class free areas in conformity with the uniform methods and rules established by the Animal and Plant Health Inspection Service, Veterinary Services, of the United States Department of Agriculture. Such regulations shall establish standards and procedures for the quarantine, testing, vaccination and identification of cattle, control of shipment of cattle into such areas, branding and disposal of reactors and disinfection of premises, for the control and eradication of brucellosis. The Brucella ring test shall be an official part of the state-federal cooperative brucellosis program, and the commissioner may exercise discretion in establishing intervals between herd tests with the Brucella ring test, based on the best interests of the eradication program. Brucella ring test antigens used in conducting such tests and test procedures employed shall be only those jointly approved by the cooperating agencies, the Department of Agriculture and the Animal and Plant Health Inspection Service, Veterinary Services, of the United States Department of Agriculture. Certified status of herds may be retained by annual retesting, request for which shall be made in writing to the commissioner, the expense of such tests to be borne by the state. Infected herds shall be quarantined. In such case the entire herd shall be confined to the premises and movement of all cattle shall be prohibited until the herd has passed at least three negative herd retests as required by the uniform methods and rules established by the Animal and Plant Health Inspection Service, Veterinary Services, of the United States Department of Agriculture following removal of reactors; except that cattle consigned for immediate slaughter under permit may be moved from the quarantined premises to the point where slaughter is to be effected if accompanied by such permit. Any person purchasing such animals shall exercise all reasonable diligence in determining that a valid permit is received by him to move such animals from the premises directly to a point where immediate slaughter will be conducted and that such permit shall accompany such animals to slaughter.

      (1963, P.A. 391, S. 1; 1971, P.A. 872, S. 446, 448; P.A. 85-51, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1.)

      History: 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of agriculture; P.A. 85-51 substituted "brucellosis class free areas" for "certified brucellosis-free areas and modified certified brucellosis-free areas," substituted "Animal and Plant Health Inspection Service, Veterinary Services, of the United States Department of Agriculture" for "United States Livestock Sanitary Association" and "animal disease eradication division of the United States Department of Agriculture" and prohibited cattle movement until the herd has passed retests as required by the uniform methods and rules rather than until the herd has passed a negative herd retest 30 days following removal of reactors; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-300. Compulsory testing. Section 22-300 is repealed.

      (1955, S. 1787d; 1959, P.A. 477, S. 3.)

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      Sec. 22-301. Permit for sale of milk contingent on herd complying with statutes. No milk may be offered for sale in Connecticut unless produced from herds complying with sections 22-298, 22-299a, 22-303, 22-304, 22-306 and 22-307 and this section. Before a permit may be issued by the Commissioner of Agriculture for the sale of milk, information must be available from the state Department of Agriculture or from the livestock official of the state where milk is produced that such herd producing milk for sale has reacted negatively to tests which meet Connecticut specifications for the control of tuberculosis and brucellosis.

      (1955, S. 1788d; 1957, P.A. 36, S. 3; 1959, P.A. 477, S. 4; 637, S. 2; 1961, P.A. 67; 1963, P.A. 391, S. 2; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 10-32, S. 83.)

      History: 1959 acts replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources and replaced references to "brucellosis-free animals" with "herds complying with this act" and reference to herd which has reacted negatively to test; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1963 act replaced reference to repealed Sec. 22-299 with reference to Sec. 22-299a; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 10-32 substituted "state Department of Agriculture" for "Livestock Division", effective May 10, 2010.

      See Sec. 22-192a re prohibition against sale of milk as if from tuberculin-tested or brucellosis-tested cows unless cows are so tested.

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      Sec. 22-302. Informative tests to be at state expense. Section 22-302 is repealed.

      (1955, S. 1789d; 1959, P.A. 477, S. 5.)

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      Sec. 22-303. Brucellosis vaccination. (a) Each owner of bovine animals may have all of his female calves vaccinated for the control of brucellosis at ages the commissioner shall establish by regulation pursuant to the uniform methods and rules for brucellosis eradication of the United States Department of Agriculture Animal and Plant Health Inspection Service. Calves may be vaccinated at the owner's expense by an approved licensed veterinarian, an approved federal or state full-time employed veterinarian assigned directly and authorized by the Commissioner of Agriculture or by a livestock inspector employed and authorized by the commissioner.

      (b) The state shall not be liable for any damages incurred or alleged to have been incurred by the use of any vaccine.

      (c) No person, firm or corporation, and no agent or employee of any corporation, shall have in his possession any brucellosis vaccine or any product containing any Brucella organisms unless written permission has been obtained from the commissioner.

      (d) No female bovine animal over the maximum vaccination age, as established by the commissioner in accordance with the uniform methods and rules for brucellosis eradication of the United States Department of Agriculture Animal and Plant Health Inspection Service, shall be vaccinated with Brucella Abortus vaccine. Brucellosis vaccine or any product containing any Brucella organisms shall not be shipped into the state except upon written permission of the commissioner.

      (1949 Rev., S. 3329; 1949, 1953, S. 1354c; 1955, S. 1790d; 1957, P.A. 36, S. 4; March, 1958, P.A. 2, S. 1; 1959, P.A. 477, S. 6; 637, S. 2; 1961, P.A. 67; 1963, P.A. 391, S. 3; February, 1965, P.A. 35, S. 1; 1969, P.A. 109; 1971, P.A. 872, S. 446, 448; P.A. 79-203, S. 1; P.A. 80-86, S. 1; P.A. 81-180, S. 1; June Sp. Sess. P.A. 91-10, S. 12, 20; P.A. 95-14, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 acts replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources and required heifers to be vaccinated between ages of 4 and 8 months rather than between 6 and 8 months and changed age at which nonvaccinated heifers quarantined from 8 to 9 months; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1963 act substituted "female bovine animal over two hundred seventy days old" for "mature cattle" in Subsec. (d); 1965 act required vaccination of heifers "between the ages of four through eight months", substituting "through" for "and", deleted reference to heifers "born after April 3, 1957," added proviso allowing sale of unvaccinated or vaccinated when overage female bovines on intrastate basis, prohibited payment of indemnity on unvaccinated or overage vaccinated animal and in Subsec. (d) referred to animals over 8 months old rather than over 270 days old; 1969 act reduced age for vaccination of heifers from 4 through 8 months to 3 through 7 months and reduced other age references by one month accordingly; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 79-203 permitted livestock inspectors to vaccinate calves; P.A. 80-86 reduced vaccination age to 2 through 6 months and reduced other age references accordingly; P.A. 81-180 changed the age at which livestock required to be vaccinated from specified age to one determined by the commissioner pursuant to federal law and replaced reference to "standard tube agglutination test" with reference to any required test; June Sp. Sess. P.A. 91-10 amended Subsec. (a) to provide that calves shall be vaccinated pursuant to this section at the owner's, rather than the state's expense; P.A. 95-14 amended Subsec. (a) to make vaccination of cattle by owner optional and to delete provisions re quarantine of unvaccinated heifers; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-304. Control of disease in imported cattle. Disposal of reactors. (a) All imported female cattle shall be from (1) certified herds, (2) negative herds in a modified certified area or (3) herds under state-federal supervision for the control of brucellosis that are negative to official blood tests within ninety days of the exportation of the individual animals. Nonvaccinated female animals over six months of age and bulls over six months of age and official vaccinates over eighteen months of age at the time of importation shall be negative to such tests as established by regulation, within thirty days before importation. Within thirty days after entering the state all such cattle shall be retested on the premises to which originally consigned by such test established by regulation, by a veterinarian licensed in this state and approved by the commissioner, by a veterinarian employed by the federal government or by a veterinarian or livestock inspector employed by the Department of Agriculture. Animals vaccinated when more than the maximum eligible age as established by the commissioner for imported cattle are not eligible for entry. If the reaction of any animal to such test is positive, it shall be branded and tagged and sold for slaughter; if the animal is a purebred, it may be reshipped under permit to the state of origin under federal regulations and quarantined; if suspicious, it may be held for two more tests at intervals of sixty days; if then not negative, it shall be slaughtered or returned to the state of origin under special permit subject to state and federal regulations. All retests made under this section shall be at the owner's expense. Permits for the importation of registered cattle or cattle eligible for registration, which have not been calfhood vaccinated but which are from brucellosis-free countries, states or counties, may be issued at the discretion of the Commissioner of Agriculture. Permits for the importation of cattle for immediate slaughter may be issued at the discretion of the commissioner.

      (b) Female cattle imported from states that are not certified as free of brucellosis for at least one year shall be officially calfhood-vaccinated prior to importation. Female cattle which are not calfhood-vaccinated but are imported from a state that is certified as free of brucellosis and have been held in such state for at least thirty days may enter this state provided the owner of such cattle presents (1) a permit and health papers showing such cattle have passed a negative blood test for brucellosis within thirty days prior to entry if such cattle are six months of age or older or (2) documentation to show that such cattle originate from a brucellosis-free herd if such cattle are under six months of age.

      (1953, S. 1353c; 1955, S. 1791d; 1957, P.A. 36, S. 5; 1959, P.A. 477, S. 7; 637, S. 2; 1961, P.A. 67; February, 1965, P.A. 34, S. 1; 1967, P.A. 149; 1971, P.A. 303, S. 1; 872, S. 446, 448; P.A. 79-203, S. 2; P.A. 80-86, S. 2; P.A. 81-180, S. 2; P.A. 82-131, S. 1, 2; P.A. 95-14, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1.)

      History: 1959 acts required that imported cattle more than 4 months old be vaccinated, reducing age from 6 months, and required that certified or negative animals have had negative blood tests within 90 days of their exportation unless over 30 months old when tests must be negative within 30 days where previous provision required negative test within 12 months with same standard for those over 30 months old and replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1965 act made requirement that negative test be within 30 days applicable to cattle over 24 months rather than 30 months, deleted provision that calfhood vaccinated bulls be subject to same requirements as female animals and deleted "purebred" referring to "nonvaccinated" bulls in provision governing their importation; 1967 act made 30-day negative test provision applicable to animals over 18 months rather than 24 months and specified that negative reaction must be to test "in all dilutions"; 1971 acts replaced commissioner of agriculture and natural resources with commissioner of agriculture, made 30-day negative test provision applicable to female animals over 7 months, bulls over 6 months and official vaccinates over 18 months where provision was previously applicable to bulls regardless of age and to female cattle over 18 months, deleted reference to female animals' age and calf vaccination status in 90-day provision, prohibited entry of animals which were vaccinated when over 7 months old and allowed test by veterinarian employed by state department of agriculture; P.A. 79-203 allowed tests by livestock inspectors, added provision requiring retest of animals after entry and added Subsec. (b) re nonregistered cattle; P.A. 80-86 made Subsec. (b) applicable to female breeding and milking replacement cattle rather than to nonregistered cattle; P.A. 81-180 amended Subsec. (a) by changing the test required from the standard tube agglutination test to any test authorized by the commissioner by regulation and changing reference to 7 months as maximum age allowed for vaccination to refer to maximum age established by commissioner; P.A. 82-131 amended Subsec. (b) to allow importation of nonvaccinated cattle until October 1, 1983, upon the commissioner's determination that such cattle was from a state of origin brucellosis free for one year; P.A. 95-14 amended Subsec. (a) to lower from 7 to 6 months the age at which nonvaccinated cattle are required to test negative for official blood tests and to delete provisions re retesting, and replaced former Subsec. (b) with new provisions re vaccination of cattle prior to importation; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-305. No distinction between dairy and beef cattle. In all matters pertaining to the control and eradication of brucellosis in Connecticut there shall be no distinction made between cattle kept for dairying and for beef.

      (1955, S. 1792d.)

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      Sec. 22-306. Enforcement. Regulations. Penalty. (a) The commissioner shall be responsible for the enforcement of the provisions of sections 22-298, 22-299a, 22-301 and 22-303 to 22-307, inclusive, and shall make such regulations as are necessary thereunder for the eradication of brucellosis, including the handling of the vaccine and method of vaccination, the effective identification of the vaccinated animals, the drawing of blood samples, the testing thereof and the identification of tested animals. Effective identification shall mean that all calves vaccinated with Brucella vaccine shall be permanently identified by the application of a tattoo in the right ear in a manner approved by the United States Livestock Sanitary Association and the Commissioner of Agriculture, except that tattoos applied under the regulations of any recognized breed association shall be considered sufficient identification. The commissioner may enter into cooperative agreements with the United States Department of Agriculture in furtherance of the purposes of said sections.

      (b) Each veterinarian shall report each month, on forms furnished for that purpose by the commissioner, a record of blood samples drawn and of animals vaccinated by him. Any veterinarian not complying with the regulations made by the commissioner for the control and eradication of brucellosis shall not be assigned any further state work.

      (c) No person shall change wilfully or knowingly the identification of any animal by tampering with the ear tag, tattoo or brand or otherwise, for the purpose of concealing or falsifying any animal's history as recorded in the files of the state Department of Agriculture.

      (d) Any person who violates any provision of said sections shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both.

      (1949 Rev., S. 3329, 3330; 1949, 1953, S. 1354c; 1955, S. 1793d; 1957, P.A. 36, S. 6; 1959, P.A. 477, S. 8; 637, S. 2; 1961, P.A. 67; 1963, P.A. 391, S. 4; February, 1965, P.A. 574, S. 31; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1.)

      History: 1959 acts substituted "history as recorded in the file of the state department of agriculture, conservation and natural resources" for "brucellosis history" and replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner and department of agriculture, conservation and natural resources with commissioner and department of agriculture and natural resources; 1963 act replaced reference to repealed Sec. 22-299 with reference to Sec. 22-299a; 1965 act replaced references which had included repealed Secs. 22-300 and 22-302; 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of agriculture; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-307. Indemnities. Indemnities shall be paid for animals declared reactors as a result of serological tests approved by the Commissioner of Agriculture. Such indemnities shall be paid at the same rate as indemnities paid for cattle condemned for tuberculosis, and shall be determined by appraisers chosen by the commissioner.

      (1949 Rev., S. 3328; 1949, June, 1949, S. 1351c; 1955, S. 1799d; 1957, P.A. 36, S. 7; 1959, P.A. 477, S. 9; 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 acts deleted clause limiting indemnities to reactors "in herds that are on the cooperative state and federal brucellosis control program and from which all previous reactors have been removed", substituted "tests" for "test" and replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      See Sec. 22-288 re compensation for condemned cattle.

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      Sec. 22-308. Permit for importation of cattle and goats. All neat cattle and goats brought into this state shall be accompanied by a permit obtained from the Commissioner of Agriculture. Such permit shall accompany all waybills or, if the animals are driven over the highways, shall be in the possession of the person in charge of the same. The commissioner may refuse to grant a permit to any person, or any officer or agent of any corporation, who violates any statute or regulation governing the importation of livestock or poultry. Neat cattle and goats brought into this state for the purpose of immediate slaughter upon premises where federal inspection is maintained need not be accompanied by such permit, provided all such cattle or goats transported into this state shall be accompanied by a bill of sale or certificate of assignment, made out by the consignor and showing the name of the consignee and the destination. The owner of each establishment where federal inspection is maintained shall report weekly to the commissioner, upon forms furnished by him, the number of head so imported. Such owner shall also report to said commissioner the ear tag or identification number and the name of the previous owner of all animals purchased within the state and delivered to such establishments.

      (1949 Rev., S. 3359; 1949, S. 1808d; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 77-267, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 77-267 made provisions applicable to goats in addition to cattle; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-309. Refusal of permit. The commissioner may refuse to grant permits to import animals from any and all sections or areas which in his opinion are infected with a contagious disease, and he may, at any time, revoke any permit previously issued and then outstanding, for the importation into this state of animals which in his opinion are infected, and all damages caused or claimed to have been caused by such revocation shall be borne by the owner. All neat cattle and goats entering the state shall be identified by ear tags, registration name or number, tattoo or other markings approved by the commissioner.

      (1949 Rev., S. 3360; P.A. 77-267, S. 5.)

      History: P.A. 77-267 made identification requirements applicable to goats as well as to cattle.

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      Sec. 22-310. Importation of dairy and breeding cattle and goats. All neat cattle and goats brought into this state for the purpose of dairy and breeding shall be accompanied by a tuberculin test chart and health certificate approved by the official having jurisdiction over the diseases of domestic animals in the state from which such cattle or goats are shipped or brought or a tuberculin test chart and health certificate issued by an inspector of the United States Bureau of Animal Industry.

      (1949 Rev., S. 3361; P.A. 77-267, S. 6.)

      History: P.A. 77-267 made provisions applicable to goats in addition to cattle.

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      Sec. 22-311. Report of arrival. The owner of any cattle or goats so brought into this state or his agent shall, within forty-eight hours after the arrival of such cattle or goats at their destination, give notice thereof in writing to the Commissioner of Agriculture. Such report shall state the number and sex of such cattle or goats, identification, actual physical condition and whether they are intended for immediate slaughter, dairy and breeding, exhibition, pasture or return from pasture.

      (1949 Rev., S. 3362; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 77-267, S. 7; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 77-267 made provision applicable to goats in addition to cattle; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-312. Requirements concerning dairy cattle and goats. All neat cattle and goats brought into the state for dairy and breeding purposes shall be held in quarantine at the expense of the owner for a period not exceeding sixty days and not released from such quarantine until they have passed a tuberculin test at the owner's expense satisfactory to the commissioner, unless the livestock sanitary official of the state from which such cattle or goats were brought certifies that such cattle or goats came from an accredited herd or a herd in the process of accreditation, the entire number of which herd has passed successfully one tuberculin test without a reactor. No dairy or breeding cattle or goats which have been tested by the blood agglutination test for brucellosis and have given a positive or suspicious reaction shall be shipped, trailed or otherwise moved into this state. The veterinarian issuing an official health certificate covering the movement of dairy or breeding cattle or goats into this state shall certify that no cattle or goats contained in such shipment have shown a positive or suspicious reaction to the blood agglutination test for brucellosis.

      (1949 Rev., S. 3363; P.A. 77-267, S. 8.)

      History: P.A. 77-267 made provisions applicable to goats in addition to cattle.

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      Sec. 22-313. Cattle for slaughter. (a) All cattle brought into this state by permit for immediate slaughter shall be identified and inspected in accordance with rules and regulations of the United States Department of Agriculture at the time of slaughter at the expense of the owner by a veterinarian designated by the Commissioner of Consumer Protection, and, if passed for food, shall be stamped with the department meat inspection stamp bearing the inscription "Insp'd. and P's'd. Com'r. C. P. Conn. No. ....." All carcasses found unfit for food shall be destroyed without compensation to the owner.

      (b) If not immediately slaughtered, such cattle shall be kept in quarantine, segregated from other cattle and without transfer of ownership, in possession of the person or persons named in the permit to bring such cattle into the state, unless a written transfer of quarantine has been signed by the Commissioner of Agriculture or his agent.

      (1949 Rev., S. 3364; 1959, P.A. 412, S. 28; 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (e); P.A. 04-189, S. 1.)

      History: 1959 acts replaced U.S. bureau of animal industry with U.S. department of agriculture, transferred inspection duty from commissioner of agriculture to commissioner of consumer protection, divided section into Subsecs. (a) and (b) and in Subsec. (b) replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; June 30 Sp. Sess. P.A. 03-6 replaced separate Commissioners of Agriculture and Consumer Protection with single Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-314. Disinfection of carriers. All boats, cars, crates, wagons, vans or other vehicles used in the transportation of live animals shall be thoroughly cleaned and disinfected before such animals are placed in the same for shipment into this state. All boats, cars, crates, trucks, wagons, vans or other vehicles within or upon which animals have been shipped as "reactors to the tuberculin or brucellosis test" or "condemned for tuberculosis or brucellosis" shall be cleaned and disinfected before being used again for transportation of live animals.

      (1949 Rev., S. 3365; 1957, P.A. 107, S. 1.)

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      Sec. 22-315. Illegal importations. Reward for information. Section 22-315 is repealed, effective October 1, 1997.

      (1949 Rev., S. 3358; P.A. 78-280, S. 2, 127; P.A. 97-234, S. 11.)

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      Sec. 22-316. Disposal of diseased cattle and goats. All cattle or goats found to be affected with a communicable disease shall be killed and the carcasses disposed of and premises disinfected in accordance with the order of the Commissioner of Agriculture and at the expense of the owner.

      (1949 Rev., S. 3366; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 77-267, S. 9; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 77-267 made provisions applicable to goats in addition to cattle; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-317. Cattle in transit. The provisions of sections 22-308 to 22-316, inclusive, shall not apply to working oxen that enter the state in their daily work, or to such animals as are being transported through the state by common carriers aboard cars from any area classified by the federal government as "Free"; but none of such animals while in transit shall, if unloaded for any necessary purpose, be permitted to go beyond the care and control of such common carrier.

      (1949 Rev., S. 3367.)

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      Sec. 22-318. Importation of feeder cattle. (a) Feeder steers may be imported into this state for feeding and grazing purposes when accompanied by a permit obtained from the Commissioner of Agriculture and an official health certificate issued by the livestock official of the state of their origin certifying that such steers have passed a negative test for tuberculosis within thirty days prior to shipment and that such steers are free from all contagious and infectious diseases. The provisions of section 22-308 shall not apply to any such feeder steers. All such animals shall be identified by ear tags and shall be kept separate and apart from all dairy and breeding cattle unless they have complied with the requirements specified in section 22-292. Proper facilities for confining and restraining such animals shall be provided by the owner in order that official tests may be applied.

      (b) Feeder heifers and cows may be imported into this state for feeding and grazing purposes when accompanied by a permit obtained from the Commissioner of Agriculture and by an official health certificate issued by the livestock official of the state of their origin, certifying that they have passed a negative test for tuberculosis within thirty days prior to shipment and that they are free from all contagious and infectious diseases. Such heifers or cows shall also be accompanied by a certificate certifying that they were vaccinated for brucellosis between the ages of four and eight months or that they have, within thirty days prior to shipment, passed a negative blood test for brucellosis approved by the commissioner or, if designated for such purpose by the commissioner, the State Veterinarian, and conducted by an approved laboratory. All such animals shall be identified by ear tags and shall be kept separate and apart from all dairy and breeding cattle.

      (1951, S. 1810d; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 95-14, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 95-14 amended Subsec. (b) to modify provisions re information required on an official health certificate and the approved blood test for brucellosis; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-318a. Dispersal sale of herd. Any herd owner, auctioneer, cattle dealer or sales manager, who contemplates a complete dispersal sale of a herd or a sale in which more than ten head is to be sold in a group shall furnish a list of animals to be sold to the Commissioner of Agriculture not later than fourteen days prior to the sale, unless the commissioner, in his sole discretion, shall find that this requirement, under existing conditions, would impose undue hardship on the seller, in which case he may waive it. No owner, auctioneer, cattle dealer or sales manager shall conduct a dispersal sale without the approval of the commissioner. The commissioner may, in his discretion, require such herd to be tuberculin or brucellosis tested, or both, before such sale. If such herd has been tested or is tested in accordance with the provisions of this section and is found negative to both tests, or a permit has been issued by the commissioner in accordance with the provisions of section 22-303, permission shall be granted for said sale. These tests shall be applied as private tests if not a routine test assignment. Any person who violates any provision of this section shall be fined not more than one hundred dollars.

      (February, 1965, P.A. 498; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-318b. Issuance of interstate health charts for cattle at time of sale. Any herd owner, auctioneer, livestock dealer or sales manager who contemplates the sale of livestock may request the commissioner to send an employee or agent of the Department of Agriculture to such sale, and such employee or agent may, at the request of such herd owner, auctioneer, cattle dealer or sales manager, issue interstate health charts for the livestock sold at such sale. The commissioner shall establish a fee for services rendered pursuant to this section.

      (1967, P.A. 583, S. 1; 1969, P.A. 99; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1.)

      History: 1969 act substituted "livestock" for "cattle"; 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of agriculture; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-319. Registration of growers of swine. Control of disease. Any person, firm or corporation engaged in the growing of swine which are to be used or disposed of elsewhere than on the premises where such swine are grown shall register with the Commissioner of Agriculture on forms furnished by the commissioner. The commissioner is authorized to make orders and regulations concerning examination, quarantine, disinfection, preventive treatment, disposition, transportation, importation, feeding and sanitation for the protection of swine from contagious and infectious disease. Said commissioner shall, at once, cause an investigation of all cases of such diseases coming to his knowledge and shall use all proper means to exterminate and prevent spread of the same. Instructions shall be issued in writing by the commissioner or his agent which shall contain directions for quarantine and disinfection of the premises where such disease exists. No swine shall be brought into Connecticut by any individual, corporation or common carrier, unless the same originate from a herd which is validated as brucellosis-free and qualified pseudorabies-negative, and are accompanied by a permit issued by the commissioner and an official health certificate showing such animals to be free from any contagious or infectious disease, except that swine brought into this state for the purpose of immediate slaughter upon premises where federal inspection is maintained need not be accompanied by an official health certificate and the owner of each establishment where federal inspection is maintained shall report weekly to the commissioner, upon forms furnished by him, the number of such swine imported. Such permit shall accompany all waybills or, if animals are driven or carted over highways, shall be in the possession of the person in charge of swine. In addition to any other requirements of this section, all swine imported for other than immediate slaughter which are over three months of age, other than barrows, shall be negative as to a blood test for brucellosis and pseudorabies within thirty days of importation. With approval of the State Veterinarian, a thirty-day blood test may not be required for swine originating from, and residing for at least thirty days prior to importation in, a state which is validated as brucellosis-free and stage V pseudorabies-free, or for swine originating from any herd which the State Veterinarian determines to be pathogen-free. With such approval, swine may be imported pursuant to an import permit and a current official health certificate. All swine brought into the state for immediate slaughter shall be killed in an approved slaughterhouse under veterinary inspection. Any person who violates any provision of this section shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both.

      (1953, 1955, S. 1781d; 1957, P.A. 556; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1963, P.A. 58; 1969, P.A. 51, S. 1; 1971, P.A. 872, S. 446, 448; P.A. 77-400; P.A. 96-24, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1963 act specified that herd must be "vaccinated against hog cholera" rather than "inoculated or vaccinated", deleted reference to optional method of vaccination via single treatment with cholera serum mixed with infection bacterins between 5 days and two weeks before shipment and revised remaining required method to specify use of vaccine and serum, rather than serum alone, to delete use of "hemorrhagic septicaemia bacterin", to add "as prescribed by the National Hog Cholera Eradication Committee" and to require vaccination not less than 21 days before importation, rather than 30 days as was the case previously; 1969 act deleted references to use of "Babcock test" and specific requirements re temperature required for fat when tested, equipment to be used for tests, etc.; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 77-400 required that swine originate in validated free herd and be negative to blood test if imported for any use other than immediate slaughter where previously requirements applied only to those imported for breeding purposes and specified that negative blood test requirement is applicable for swine "over three months of age, except barrows" and added Subsec. (b) re intrastate transport of nonvalidated swine; P.A. 96-24 added specifications for testing for disease for imported swine and related documentation and deleted an authorization for the Commissioner of Agriculture to carry out certain hog cholera eradication procedures and deleted former Subsec. (b) re intrastate transport of swine; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-319a. Hog cholera serum or vaccine prohibited. Penalty. No person shall use, sell, possess or give away hog cholera serum or vaccine in this state, and no hogs shall be imported into this state if hog cholera serum or vaccine has been administered to them. Any person who violates any provision of this section shall be fined not less than five thousand dollars nor more than ten thousand dollars or imprisoned not more than one year or both.

      (P.A. 77-443.)

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      Sec. 22-320. Control of vesicular exanthema in swine. Section 22-320 is repealed.

      (1949 Rev., S. 3323; 1953, S. 1807d; 1959, P.A. 638, S. 9.)

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      Sec. 22-320a. Definitions. As used in sections 22-320a to 22-320h, inclusive:

      (a) "Department" means the Department of Agriculture;

      (b) "Commissioner" means the Commissioner of Agriculture;

      (c) "Person" means the state or any political subdivision thereof, or any institution, public or private, any corporation, any limited liability company, any individual or any partnership;

      (d) "Garbage" means any material containing meat resulting from the handling, preparation, cooking and consumption of foods including animal carcasses or parts thereof, but the term "garbage" shall not apply to waste materials from slaughterhouses which go directly to rendering plants for processing;

      (e) "Garbage-feeding swine farm" includes all premises on which one or more swine are maintained and are fed garbage.

      (1959, P.A. 637, S. 2; 638, S. 1; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 95-79, S. 87, 189; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner and department of agriculture with commissioner and department of agriculture, conservation and natural resources; 1961 act replaced commissioner and department of agriculture, conservation and natural resources with commissioner and department of agriculture and natural resources; 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of agriculture; P.A. 95-79 redefined "person" to include any limited liability company, effective May 31, 1995; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 22-320b. Garbage to be heated to boiling point. All garbage regardless of previous processing shall, before being fed to swine, be heated throughout, either on the premises of the garbage-feeding swine farm where such garbage is to be fed or at a location approved by the department, to the boiling point or an equivalent temperature for thirty minutes or heated in some manner which shall be approved by the commissioner as being equally effective for the public health and for the protection of the health of swine.

      (1959, P.A. 638, S. 2.)

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      Sec. 22-320c. Registration. No person shall feed garbage to swine on any premises unless such premises have been registered with the department. Upon receipt of an application for registration on a form provided by the department, which application shall be accompanied by a registration fee of fifteen dollars, unless the applicant is the state or any political subdivision thereof, the department shall send an authorized representative familiar with equipment used to cook garbage on swine farms to inspect the premises where the applicant desires to conduct garbage cooking. If such representative finds that such premises cannot be approved under sections 22-320a to 22-320h, inclusive, and regulations promulgated thereunder, he shall notify the applicant wherein he fails to comply. If, within a reasonable time thereafter, to be fixed by the department, the specified defects are remedied, the department shall make a second inspection and proceed therewith as in the case of the original inspection. No registration granted under this section shall be transferable by the registrant and each registration shall apply to only one place of business, which shall be specified in the registration. There shall be only one registrant for each place of business. No registration shall be issued by the department to conduct a garbage-feeding swine farm, nor shall any place be used for that purpose, unless the department is satisfied that all regulations of the department will be complied with and that all garbage fed to swine will be satisfactorily treated as required by section 22-320b.

      (1959, P.A. 638, S. 3; February, 1965, P.A. 174, S. 1; June Sp. Sess. P.A. 09-3, S. 295.)

      History: 1965 act clarified provision re registration as permission to feed garbage to pigs by specifying that "premises" must be registered and added provision limiting to one the number of registrants for each place of business; June Sp. Sess. P.A. 09-3 increased registration fee from $5 to $15.

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      Sec. 22-320d. Suspension, revocation or withholding of registration. For failure or refusal to operate under the provisions of sections 22-320a to 22-320h, inclusive, or any regulations of the department, the department may suspend, revoke or withhold registration. Whenever the commissioner is satisfied of the existence of any one or more reasons for suspending, revoking or withholding a registration provided for in said sections, he shall give notice to the registrant by registered or certified mail of a hearing to be held thereon at a time stated therein. The department may compel the attendance of witnesses and the person complained against shall have an opportunity to produce witnesses or other evidence in his behalf. Any person aggrieved by the action of the commissioner under the provisions of this section may appeal therefrom in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district of New Britain.

      (1959, P.A. 638, S. 4; P.A. 76-436, S. 455, 681; P.A. 77-603, S. 97, 125; P.A. 78-280, S. 5, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 99-215, S. 24, 29.)

      History: P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 77-603 replaced provision re appeals to court within ten days after receipt of notification of action with statement requiring that appeals shall be made in accordance with Sec. 4-183 but retained venue in Hartford county as before; P.A. 78-280 replaced "Hartford county" with "judicial district of Hartford-New Britain"; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain", effective June 29, 1999.

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      Sec. 22-320e. Inspections concerning cooking of garbage. The department shall periodically send an authorized representative to inspect the cooking of garbage that is fed to swine. Such inspections shall cover conditions relating to the cooking of garbage. No authorized representative of the department shall be impeded or prevented from entering any such premises at reasonable times for the purpose of making such inspections.

      (1959, P.A. 638, S. 5.)

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      Sec. 22-320f. Regulations. The commissioner may promulgate such regulations as he deems necessary to carry out the provisions of sections 22-320a to 22-320h, inclusive, and prevent the spread of disease among swine.

      (1959, P.A. 638, S. 6.)

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      Sec. 22-320g. Feeding of household garbage to swine excepted. Sections 22-320a to 22-320h, inclusive, shall not apply to a person who feeds exclusively his own household garbage to swine which are raised for his own use.

      (1959, P.A. 638, S. 7.)

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      Sec. 22-320h. Penalty. Any person who violates any provision of sections 22-320a to 22-320f, inclusive, or any regulation established thereunder shall be fined not more than one hundred dollars for a first offense and, for a second or subsequent offense, shall be fined not more than two hundred dollars.

      (1959, P.A. 638, S. 8; 1961, P.A. 517, S. 123.)

      History: 1961 act made technical correction inserting "or" in phrase "second or subsequent offense".

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      Sec. 22-321. Penalty. Any person, or any officer or agent of any corporation, who violates any provision of this chapter for which no other penalty is provided or who obstructs or attempts to obstruct the Commissioner of Agriculture or his deputy or any of his assistants in the performance of his duty, or who violates any regulation established by said commissioner, shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both.

      (1949 Rev., S. 3368; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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