PURPOSE: This rule strengthens the enforcement powers governing violations of movement of livestock and poultry into Missouri.

1. (1) Powers of the director of the Department of Agriculture in the enforcement of animal disease control and eradication law.

   1. (A) The director shall authorize certain employees of the department or employees of the United States Department of Agriculture (USDA) to assist in the enforcement of the animal disease control and eradication law.
   2. (B) Upon request of the director or authorized employees, all county and municipal law enforcement officials may assist the designated or authorized employees and all state law enforcement officials shall assist the designated or authorized employees upon request.
2. (2) Any vehicle carrying livestock in Missouri may be intercepted, stopped and detained for official inspection or inquiry of the health and proper certification of the health of the livestock being transported by authorized employees of the Department of Agriculture or authorized employees of the USDA. The rules set forth by 2 CSR 30- 2.010 and 2 CSR 30-2.020 which govern the movement of livestock in and into the state will be enforced.

3. (3) Procedures to follow if violations of the animal disease control and eradication law or its corresponding rules are discovered.

   1. (A) If the vehicle and livestock that it is carrying are from another state, and the livestock do not meet Missouri’s health requirements, the following shall be initiated:

      1. 1. The custodian of the livestock will

be given the choice of leaving Missouri with the livestock; or

1. 2. The custodian shall be informed that

the livestock s/he is hauling are in violation of Missouri’s laws or rules and a written order with a notice stating the reasons for the seizure and the rights of the owner shall be furnished to the custodian of the livestock. Copies will be mailed to the owner, if a person other than the custodian, by certified mail to the owner’s address as given by the custodian and the livestock will be seized and impounded at a prearranged designated area. The custodian or owner has forty-eight (48) hours to prove or demonstrate these livestock meet Missouri’s livestock health requirements and if this is not determined within the forty-eight (48)-hour time limit, the livestock will be processed in a way that no infected or diseased-exposed livestock shall move except to slaughter or back to their origin.

1. (B) Within five (5) days after official notification of the order and notice, any person who objects or does not agree to an order of seizure and impoundment may appeal by filing with the director of the Department of 2 CSR 30-2

Agriculture a petition which states in detail objections to the order. The director or authorized agent, within forty-eight (48) hours of the filing of the appeal, shall hold a hearing to determine the validity of the order and shall either affirm the order or release the livestock.

1. (C) If the livestock are not redeemed by the owner and no appeal is taken within five

1. (5) days after seizure, the department may apply to the circuit court of any county in which the livestock are impounded. The department, under court order, shall sell the livestock for slaughter and deduct from the net proceeds all expenses of the department in connection with the seizure and impoundment of the livestock and remit the balance to the owner. Expenses shall cover all market expenses incurred where the livestock were impounded, such as stall or pen rent, care and feeding of the livestock, and testing and shipping of livestock.

   1. (D) Any livestock seized and impounded may be redeemed by the owner and released to him/her by the department, provided that all these livestock have been tested, vaccinated or processed in a way that the health requirements required by Missouri have been met. In order to redeem this livestock, the owner shall pay all expenses including the care and feeding of the livestock and the expense of testing, vaccinating, processing livestock, or all of these, to make them qualify for the health requirements required by Missouri.
   2. (E) Any person(s) or owner(s) who shall be notified to quarantine animals as provided in the animal health disease control and eradication law and who violates any of the provisions of those sections or official orders of quarantine shall be guilty of a Class A misdemeanor. This is applicable to those who shall violate provisions of the law regarding district or municipality quarantine.

AUTHORITY: section 267.450, RSMo 1986.* Original rule filed Feb. 7, 1984, effective June 12, 1984.

*Original authority: 267.450, RSMo 1939.