§ 106-402.1. Movement of animals prohibited; destruction of animals to control animal disease authorized. - North Carolina Statutes

§ 106‑402.1.  Movementof animals prohibited; destruction of animals to control animal diseaseauthorized.

(a)        When determined bythe State Veterinarian, in consultation with the Commissioner of Agricultureand with the approval of the Governor, that there is an imminent threat withinthe State of a contagious animal disease that has the potential for veryserious and rapid spread, is of serious socioeconomic and public healthconsequence, or is of major importance in the international trade of animals andanimal products or that it is necessary to control a contagious animal disease,the State Veterinarian or an authorized representative may prohibit themovement of any animal to or from any premises used for shows, sales, markets,fairs, exhibitions, processing or rendering facilities, or other public orprivate assembly or may prohibit commingling of animals. Written notice of theprohibition under this subsection shall be mailed, delivered, or otherwiseprovided to the owner or operator of the premises by any means reasonablycalculated to give notice. The owner or operator of the premises shall notpermit any animal to enter or remain on the premises in violation of thissection.

(b)        When determined bythe State Veterinarian, in consultation with the Commissioner of Agricultureand with the approval of the Governor, that there is an imminent threat withinthe State of a contagious animal disease that has the potential for veryserious and rapid spread, is of serious socioeconomic and public health consequence,or is of major importance in the international trade of animals and animalproducts or that it is necessary to control a contagious animal disease, theState Veterinarian may order the destruction of any animal and, afterconsulting with the State Health Director, the proper disposal of the animal.G.S. 106‑403 does not apply to the disposal of animals under thissubsection. The order shall be in writing and shall include the manner in whichthe destruction of the animal will be carried out. The order shall be deliveredto the owner of the animal and the owner or operator of the premises on whichthe animal is located by certified mail or any other means reasonablycalculated to give the owner of the animal and the owner or operator of thepremises notice. In the event the owner of the animal and the owner or operatorof the premises cannot be notified, the State Veterinarian or an authorizedrepresentative may seize and destroy the animal. The owner or operator of thepremises on which the animal is located shall permit entry on the premises bythe State Veterinarian or an authorized representative and shall cooperate withthe State Veterinarian or an authorized representative. The provisions of G.S.106‑401(a) with respect to obtaining an emergency order do not apply tothis subsection.

(c)        When determined bythe State Veterinarian, in consultation with the Commissioner of Agricultureand with the approval of the Governor, that there is an imminent threat withinthe State of a contagious animal disease that has the potential for veryserious and rapid spread, is of serious socioeconomic and public healthconsequence, or is of major importance in the international trade of animalsand animal products or that it is necessary to control a contagious animal disease,the State Veterinarian may require the Executive Director of the WildlifeResources Commission to develop a plan to address the movement of wildlife andthe destruction of wildlife.  (2001‑12, s. 3; 2003‑6, s. 1; 2005‑21,s. 1; 2009‑103, s. 1.)