1. (a) At the expense of the state, the commissioner may require and provide for the testing and the control of tuberculosis in livestock in this state. Any condemnation of livestock infected with tuberculosis shall comply with the provisions of section 22-288. The procedures for testing for tuberculosis and the control and disposition of livestock classified as reactors shall conform to one of the following:

   1. (1) For goats, cattle, bison and captive cervids, the procedures, methods, testing and the disposition of reactors shall conform to the USDA Uniform Methods and Rules for Bovine Tuberculosis Eradication; (2) for species of livestock other than goats, cattle, bison or captive cervids, the procedures, methods, testing and the disposition of reactors shall be determined by the State Veterinarian; or (3) the most recent USDA approved and published procedures for testing for tuberculosis and the control and disposition of tuberculosis positive livestock.
2. (b) The state shall not be liable for any damage incurred or alleged to have been incurred by any such test performed pursuant to this section.
3. (c) Official testing for tuberculosis shall be restricted to the State Veterinarian, veterinarians employed by the federal government and accredited veterinarians licensed to practice in this state. Surveillance tests may be performed by an employee of the department trained by and under the supervision of the State Veterinarian, 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 such testing and during the application of such tests.

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

(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; P.A. 23-187, S. 4.)

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; P.A. 23-187 deleted existing provisions and added new Subsec. (a) re testing of livestock for tuberculosis, added new Subsec. (b) re state liability and added Subsec. (c) re persons authorized to perform such testing, effective June 28, 2023.