
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC134a]

 
                        TITLE 21--FOOD AND DRUGS
 
         CHAPTER 4--ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS
 
   SUBCHAPTER III--PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION
 
Sec. 134a. Seizure, quarantine, and disposal of livestock or 
        poultry to guard against introduction or dissemination of 
        communicable disease
        

(a) Authority of Secretary

    The Secretary, whenever he deems it necessary in order to guard 
against the introduction or dissemination of a communicable disease of 
livestock or poultry, may seize, quarantine, and dispose of, in a 
reasonable manner taking into consideration the nature of the disease 
and the necessity of such action to protect the livestock or poultry of 
the United States: (1) any animals which he finds are moving or are 
being handled or have moved or have been handled in interstate or 
foreign commerce contrary to any law or regulation administered by him 
for the prevention of the introduction or dissemination of any 
communicable disease of livestock or poultry; (2) any animals which he 
finds are moving into the United States, or interstate, and are affected 
with or have been exposed to any communicable disease dangerous to 
livestock or poultry; and (3) any animals which he finds have moved into 
the United States, or interstate, and at the time of such movement were 
so affected or exposed.

(b) Determination of extraordinary emergency due to dangerous 
        communicable disease; seizure, quarantine, and disposal of 
        animals; action authorized only if adequate measures not taken 
        by State or other jurisdiction; notice to State or other 
        jurisdiction

    Whereas the existence of any dangerous, communicable disease of 
livestock or poultry, such as foot-and-mouth disease, rinderpest, or 
European fowl pest, on any premises in the United States would 
constitute a threat to livestock and poultry of the Nation and would 
seriously burden interstate and foreign commerce, whenever the Secretary 
determines that an extraordinary emergency exists because of the 
outbreak of such a disease anywhere in the United States, and that such 
outbreak threatens the livestock or poultry of the United States, he may 
seize, quarantine, and dispose of, in such manner as he deems necessary 
or appropriate, any animals in the United States which he finds are or 
have been affected with or exposed to any such disease and the carcasses 
of any such animals and any products and articles which he finds were so 
related to such animals as to be likely to be a means of disseminating 
any such disease: Provided, That action shall be taken under this 
subsection only if the Secretary finds that adequate measures are not 
being taken by the State or other jurisdiction. The Secretary shall 
notify the appropriate official of the State or other jurisdiction 
before any action is taken in any such State or other jurisdiction 
pursuant to this subsection.

(c) Notice to owner to quarantine or to dispose of animal, carcass, 
        product, or article; action on failure to comply; costs

    The Secretary in writing may order the owner of any animal, carcass, 
product, or article referred to in subsection (a) or (b) of this 
section, or the agent of such owner, to maintain in quarantine, and to 
dispose of such animal, carcass, product, or article in such manner as 
the Secretary may direct pursuant to authority vested in him by such 
subsections. If such owner or agent fails to do so after receipt of such 
notice, the Secretary may take action as authorized by said subsections 
(a) and (b) and recover from such owner or agent the reasonable costs of 
any care, handling, and disposal incurred by the Secretary in connection 
therewith. Such costs shall not constitute a lien against the animals, 
carcasses, products, or articles involved. Costs collected under this 
section shall be credited to the current appropriation for carrying out 
animal disease control activities of the Department.

(d) Compensation of owner; fair market value; payments from State or 
        other source; availability of funds

    Except as provided in subsection (e) of this section, the Secretary 
shall compensate the owner of any animal, carcass, product, or article 
destroyed pursuant to the provisions of this section. Such compensation 
shall be based upon the fair market value as determined by the 
Secretary, of any such animal, carcass, product, or article at the time 
of the destruction thereof. Compensation paid any owner under this 
subsection shall not exceed the difference between any compensation 
received by such owner from a State or other source and such fair market 
value of the animal, carcass, product, or article. Funds in the Treasury 
available for carrying out animal disease control activities of the 
Department of Agriculture shall be used for carrying out this 
subsection.

(e) Restriction on payment of compensation in cases of violation of law 
        or regulation

    No such payment shall be made by the Secretary for any animal, 
carcass, product, or article which has been moved or handled by the 
owner thereof or his agent knowingly in violation of a law or regulation 
administered by the Secretary for the prevention of the interstate 
dissemination of the communicable disease, for which the animal, 
carcass, product, or article was destroyed or a law or regulation for 
the enforcement of which the Secretary enters or has entered into a 
cooperative agreement for the control and eradication of such disease, 
or for any animal which has moved into the United States contrary to 
such law or regulation administered by the Secretary for the prevention 
of the introduction of a communicable disease of livestock or poultry.

(Pub. L. 87-518, Sec. 2, July 2, 1962, 76 Stat. 129.)

                  Section Referred to in Other Sections

    This section is referred to in sections 134, 134e, 134f, 134g, 134h, 
136a of this title; title 16 section 1540.
