08 LC 25
5207
House
Bill 1336
By:
Representatives Sims of the
169th,
Bruce of the
64th,
and Maddox of the
172nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating
to control of disease in livestock, so as to revise certain provisions relating
to deer farming; to provide for regulation of alternative livestock farming; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
4 of Title 4 of the Official Code of Georgia Annotated, relating to control of
disease in livestock, is amended by revising Article 5, relating to deer
farming, as follows:
"ARTICLE
5
4-4-170.
The
purpose of this article is to provide for the production of farmed
deer
alternative
livestock as an agricultural operation and
to provide for the importation, production, and control and eradication of
disease in farmed
deer
alternative
livestock.
4-4-171.
As
used in this article, the term:
(2)(1)
'Farmed
deer' means fallow deer (Dama dama), axis deer (Axis axis), sika deer (Cervus
nippon), red deer and elk (Cervus elaphus), reindeer and caribou (Rangifer
tarandus), and hybrids between these farmed deer
species
'Alternative
livestock' means elk, axis deer, fallow deer, sika deer, red deer, nilgai
antelope, addax antelope, black buck antelope, and
aoudad raised for the commercial sale of
meat and other parts or for the sale of live animals. Those cervids which are
indigenous to this state, including white-tailed deer,
and those
members of the order Artiodactyla which are considered to be inherently
dangerous to human beings and are described in subparagraph (a)(1)(F) of Code
Section 27-5-5 shall be classified as
unacceptable species and shall not be included within the definition of farmed
deer. Deer
that may be under the authority of Title 50, Part 23, Subpart c of the Code of
Federal Regulations, the Convention on International Trade in Endangered Species
of Wild Fauna and Flora, 27 U. ST. 108, TIAS 8249, must meet the requirements
set forth in the federal Endangered Species Act of 1973, as amended, 16 U.S.C.
Section 1531 et seq.
alternative
livestock.
(1)(2)
'Deer
'Alternative
livestock farming' means the agricultural
operation of raising and production of
farmed
deer
alternative
livestock for the commercial production of
food and fiber.
4-4-172.
(a)
No person shall possess, buy, import, or transport farmed
deer
alternative
livestock or engage in or carry on the
business of
deer
alternative
livestock farming without first applying
for and obtaining
a
deer-farming
an alternative
livestock farming license from the
Commissioner of Agriculture.
A
deer-farming
An alternative
livestock farming license shall be valid
from the date of issuance to March 31 of the following calendar year.
A
deer-farming
An alternative
livestock farming license
will
shall
not be issued by the Commissioner to any
deer-farming
alternative
livestock farming operation which has not
been inspected and approved by the
Department
of Natural Resources
department,
provided that any facility expansion must be reapproved prior to renewal of
a
deer-farming
an alternative
livestock farming license.
(b)
The license of any
deer
alternative
livestock farm operator violating this
article or any rule or regulation adopted by the Commissioner pursuant to this
article shall be subject to revocation, cancellation, or suspension following
notice and hearing.
A
deer-farming
An alternative
livestock farming license of any licensee
whose facility does not meet the definition of an agricultural operation shall
be revoked, and such license may be revoked if the licensee violates any
provision of Title 27, relating to wild animals. Any farmed
deer
alternative
livestock must be disposed of within 45
days of revocation of any
deer-farming
alternative
livestock farming license.
(c)
Deer
Alternative
livestock farm operators shall maintain
inventory records of their
deer
alternative
livestock herds, including natural
additions, purchased additions, sales, and deaths. Records shall be kept in
accordance with specifications of the Commissioner and shall be subject to
review by the Commissioner or a representative or employee of the
department.
(d)
Deer
Alternative
livestock farm operators shall construct
and maintain premises and facilities used in
deer
alternative
livestock farming in accordance with rules
established by the Commissioner and in accordance with subparagraph (A) of
paragraph (1) of Code Section 27-5-6, provided that:
(1)
The facility must be constructed of such material and of such strength as
appropriate for the animals involved;
(2)
Housing facilities shall be structurally sound and shall be maintained in good
repair to protect and contain the animals;
(3)
The facilities shall be designed in such manner, including the inclusion of
barriers of sufficient dimensions and conformation, to safeguard both the
animals and the public against injury or the transmission of diseases by direct
contact; and
(4)
Any portion of such facility within which farmed
deer
alternative
livestock are maintained shall be
surrounded by a fence with a minimum height of eight feet with the bottom six
feet made of woven mesh and constructed of a design, strength, gauge, and mesh
approved by the department,
after
consultation with the Department of Natural
Resources, and which is sufficient to
prevent escape of farmed
deer
alternative
livestock and to prevent white-tailed deer
from entering. Supplemental wire to attain a height of eight feet may be
smooth, barbed, or woven wire of a gauge and mesh approved by the department
with strands no more than six inches apart. All trees and
other
structures which pose a threat to the integrity of the fencing shall be removed
unless fencing is constructed so as to prevent the breach of the fence from the
fall of a tree or structure.
(e)
It shall be the duty of the Department of Agriculture to inspect an
applicant´s facilities
and to
transmit a copy of any application for a deer-farming license to the Department
of Natural Resources. The Department of Natural Resources shall inspect the
applicant´s facilities and shall report to the Department of Agriculture
within 30 days of receipt of the application. It also shall be the duty of the
Department of Agriculture to transmit a copy of any license issued pursuant to
this article to the Department of Natural Resources. It also shall be the duty
of the Department of Agriculture to notify the Department of Natural Resources
of the revocation, nonrenewal, cancellation, or lapse of any license issued
pursuant to this article. All such notifications shall be made in writing and
shall be made as promptly as possible, but in no event shall such notification
be given more than 72 hours after the event giving rise to the requirement of
notice.
(f)
For purposes other than agricultural operations, farmed
deer
alternative
livestock species must be held under a
wild animal license pursuant to Chapter 5 of Title 27.
Anyone holding, possessing, importing, or
transporting farmed
deer
alternative
livestock without
a
deer-farming
an alternative
livestock license or a wild animal license
is in violation of Title 27.
4-4-173.
Health
and transportation requirements for any
Artiodactyla
(even-toed ungulates)
alternative
livestock must meet
the
health requirements established by rule or regulation of the Georgia Department
of Agriculture. Those animals specifically used for
deer
alternative
livestock farming must meet the
requirements of the Uniform Methods and Rules of the Code of Federal Regulations
for Tuberculosis and Brucellosis in Cervidae.
4-4-174.
Any
farmed deer
or cervid
alternative
livestock which escapes from a licensed
deer
alternative
livestock farm shall be subject to the
jurisdiction
of the Department of Natural Resources and may be treated as an escaped wild
animal which is subject to the provisions of Chapter 5 of Title 27, except that,
while such animal is roaming freely outside the enclosure of any licensed deer
farm, the owner of such farmed deer or cervid shall have 48 hours from the time
the escape is detected to recapture such animal and return it to the licensed
deer farm
same
provisions for other livestock running at large or straying under Chapter 3 of
this title. As a condition for
maintaining
a
deer-farming
an alternative
livestock farming license, it shall be the
duty of the owner or operator of a licensed
deer
alternative
livestock farm to notify the
Department
of Natural Resources
department
immediately upon discovery of the escape of a farmed
deer
alternative
livestock. When such notice has been
given, no legal hunter shall be held liable for killing or wounding
an
escaped
deer
alternative
livestock.
4-4-175.
Deer
Alternative
livestock farm operators shall allow the
entry onto the
deer
alternative
livestock farm of representatives of the
Department of
Agriculture,
the Department of Natural Resources, or
other departments or agencies having authority or duties involving farmed
deer
alternative
livestock or wild animals to ensure
compliance with applicable federal and state laws.
4-4-176.
The
provisions
Commissioner
is authorized to promulgate rules and regulations as may be necessary to
effectuate the purpose of this article
shall not
apply to any facility at which any animal which would otherwise qualify as a
farmed deer is intentionally commingled with any species which is classified as
and subject to regulation as a wild animal under the provisions of Chapter 5 of
Title 27.
Such rules and
regulations shall be designed to ensure the health and safety of wildlife and
prevent the spread of animal diseases between wildlife, wild animals, domestic
animals, farmed alternative livestock, and people. It shall be the duty of the
Commissioner and the department to ensure the health and safety of farmed
alternative livestock, wildlife, wild animals, domestic animals, and people and
to prevent, control, and eradicate animal diseases within this
state.
4-4-177.
The
Commissioner of Agriculture is authorized to promulgate rules and regulations as
may be necessary to effectuate the purpose of this article. Such rules and
regulations shall be promulgated after consultation with the Department of
Natural Resources and shall be designed to ensure the health and safety of
wildlife and prevent the spread of animal diseases between wildlife, wild
animals, domestic animals, farmed deer, and people. It shall be the duty of the
Commissioner, the Department of Agriculture, the Board of Natural Resources, the
commissioner of natural resources, and the Department of Natural Resources to
communicate and consult on matters of mutual concern so as to ensure the health
and safety of farmed deer, wildlife, wild animals, domestic animals, and people
and to prevent, control, and eradicate animal diseases within this
state.
In addition to
the remedies provided in this article and notwithstanding the existence of any
adequate remedy at law, the Commissioner is authorized to apply to the superior
court having jurisdiction for an injunction. Such court may, upon hearing and
for good cause shown, grant a temporary or permanent injunction, or both,
restraining any person from violating or continuing to violate any of the
provisions of this article or for failing or refusing to comply with the
requirements of this article or any rule or regulation adopted by the
Commissioner pursuant to this article. An injunction issued under this Code
section shall not require a bond.
4-4-178.
In
addition to the remedies provided in this article and notwithstanding the
existence of any adequate remedy at law, the Commissioner is authorized to apply
to the superior court for an injunction. Such court shall have jurisdiction,
upon hearing and for cause shown, to grant a temporary or permanent injunction,
or both, restraining any person from violating or continuing to violate any of
the provisions of this article or for failing or refusing to comply with the
requirements of this article or any rule or regulation adopted by the
Commissioner pursuant to this article. An injunction issued under this Code
section shall not require a bond.
4-4-179
4-4-178.
(a)
The Commissioner, in order to enforce this article or any orders, rules, or
regulations promulgated pursuant to this article, may issue an administrative
order imposing a penalty not to exceed $1,000.00 for each violation whenever the
Commissioner, after a hearing, determines that any person has violated any
provision of this article or any quarantines, orders, rules, or regulations
promulgated pursuant to this article.
(b)
The initial hearing and any administrative review thereof shall be conducted in
accordance with the procedure for contested cases in Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act.' Any person who has exhausted all
administrative remedies available and who is aggrieved or adversely affected by
any final order or action of the Commissioner shall have the right of judicial
review thereof in accordance with Chapter 13 of Title 50. All penalties
recovered by the Commissioner as provided for in this article shall be paid into
the state treasury. The Commissioner may file in the superior court
of the
county wherein the person under order
resides or, if said person is a corporation, in the county wherein the
corporation maintains its principal place of business or in the county wherein
the violation occurred a certified copy of a final order of the Commissioner
unappealed from or of a final order of the department affirmed upon appeal,
whereupon said court shall render judgment in accordance therewith and notify
the parties. Such judgment shall have the same effect, and all proceedings in
relation thereto shall thereafter be the same, as though said judgment had been
rendered in an action duly heard and determined by said court. The penalty
prescribed in this Code section shall be concurrent, alternative, or cumulative
with any and all other civil, criminal, or alternative rights, remedies,
forfeitures, or penalties provided, allowed, or available to the Commissioner
with respect to any violation of this article and any quarantines, orders,
rules, or regulations promulgated pursuant thereto.
4-4-180
4-4-179.
It
shall be unlawful for any person intentionally to release
a farmed
deer
farmed
alternative livestock from captivity or to
import, transport, sell, transfer, or possess
a farmed
deer
farmed
alternative livestock in such a manner as
to cause its release or escape from captivity. If a person imports, transports,
sells, transfers, or possesses
a farmed
deer
farmed
alternative livestock in such a manner as
to pose a reasonable possibility that such farmed
deer
alternative
livestock may be released accidentally or
escape from captivity, the department may revoke the license of such
person.
4-4-181
4-4-180.
Any
person violating the provisions of this article shall be guilty of a
misdemeanor."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.