La. State Animals Laws
 

 

 

 

 

 

Directory of

LOUISIANA ANIMAL CONTROL LAWS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Published by

East Baton Rouge Parish Animal Control Center

Copyright 2008

 

 

 

Disclaimer

The information contained in this directory is a summary of relevant statutes pertaining to animal control in the state of Louisiana. While every attempt has been made by the author to provide the most complete information available at the time of publication, due to the constantly evolving nature of legislation, this directory should not be regarded as adefinitive source of legal information. The information contained herein is provided as a reference guide only, and should be regarded as such.

 

 

 

 

 

 

 

 

Title 3

Agriculture and Forestry

 

CHAPTER 7.  BRANDS, GRADES, AND INSPECTION

PART I.  BRANDS AND MARKS

Louisiana Revised Statutes (R.S. 3:731 R.S. 3:751)

731.  Definitions

As used in this Part, the following words shall have the following meanings ascribed to them:

(1)  "Brand" means an identification mark hot or cold branded into or onto the hide of a live animal.

(2)  "Commission" means the Livestock Brand Commission.

(3)  "Commissioner" means the commissioner of agriculture.

(4)  "Director" means the director of the commission.

(5)  "Mark" means a distinct marking or device placed on or in a live animal sufficient to distinguish the animal readily if it becomes intermixed with other animals, including a tattoo or an electronic device.

(6)  "Person" means an individual, firm, partnership, corporation, or other association.

Acts 1982, No. 113, 1; Acts 1993, No. 136, 1; Acts 1993, No. 146, 1.

 

732.  Livestock Brand Commission

A.  The Livestock Brand Commission is hereby created within the Department of Agriculture.  Notwithstanding any provision of this Part or of any other law to the contrary, the commission shall exercise and perform its powers, duties, functions, and responsibilities as provided in R.S. 36:912.  The commission shall be domiciled in Baton Rouge.

B.(1)  The commission shall be comprised of nine members appointed by the commissioner as follows:

(a)  One member appointed from a list of three persons nominated by the Louisiana Cattlemen's Association.

(b)  One member appointed from a list of three persons nominated by the Louisiana Farm Bureau Federation.

(c)  One member appointed from a list of three persons nominated by the Louisiana Sheriffs' Association.

(d)  One member appointed from a list of three persons nominated by the Louisiana District Attorneys' Association.

(e)  Two members appointed from the state at large, one of whom shall be appointed from the northern portion of the state and one of whom shall be appointed from the southern portion of the state.

(f)  One member appointed from the state at large, who shall be an operator of a Louisiana public livestock market.

(g)  One member appointed from a list of three persons nominated by the Louisiana Landowners Association.

(h)  One member appointed from a list of three persons nominated by the Louisiana Forestry Association.

(i)  The commissioner of agriculture and forestry, or his designee, shall serve as an ex officio member with the same rights, powers, and privileges as the other members.

(2)  Each appointed member, except the members appointed from nominations by the Louisiana Sheriffs' Association and the Louisiana District Attorneys' Association, shall be engaged in the production or marketing of livestock, or shall be a veterinarian specializing in the treatment of large animals.

(3)  Each appointment by the commissioner shall be submitted to the Senate for confirmation.

C.  The appointed members shall serve for a term of four years which shall expire with the term of the commissioner making the appointment.  Vacancies on the commission shall be filled in the same manner as the original appointments.  Appointments to fill vacancies shall be made within ninety days of the date the vacancy occurred and shall be for the unexpired portion of the term of the office vacated.

D.  The commission shall meet at least quarterly and shall meet at other times upon the call of the chairman or of any three members.  The commission shall not meet more than twelve times in any year.

E.  A majority of the members of the commission shall constitute a quorum.  The affirmative vote of a majority of the members shall be required to transact any official business of the commission.  Each member shall take and subscribe to the oath of office prescribed for state officers.  Members of the commission shall not receive any salary for their duties as members.  The appointed members may receive a per diem for each day spent in actual attendance of meetings of the commission or of duly appointed committees or subcommittees of the commission.  The amount of the per diem shall be fixed by the commission in an amount not to exceed forty dollars.  The appointed members may receive a mileage allowance for mileage traveled in attending meetings.  The mileage allowance shall be fixed by the commission in an amount not to exceed the rate for state employees.

F.  The commission, in accordance with the provisions of Chapter 13 of Title 49 of the Louisiana Revised Statutes, may adopt such rules and regulations as are necessary to implement and enforce the provisions of this Part.

G.  The commission may enter into such contracts and agreements as are necessary to implement and enforce the provisions of this Part.

H.  The commission, by a vote of two-thirds of the appointed members, may expel a member who has three consecutive unexcused absences from commission meetings.

Amended by Acts 1952, No. 272, 1; Acts 1982, No. 113, 1; Acts 1993, No. 293, 1, eff. Jan. 1, 1996; Acts 1995, No. 546, 1, eff. Jan. 1, 1996.

 

733.  Officers and employees; administration and enforcement

A.  The commissioner shall serve as chairman of the commission. At the first meeting of the commission after the effective date of this Part, the members shall elect from their membership a vice-chairman and such other officers as the commission may deem advisable.

B.  The commission, with the approval of the commissioner, shall appoint a director and an assistant director who shall be in the unclassified service of the state.

C.  The commissioner shall administer and enforce the provisions of this Part in accordance with the rules and regulations promulgated by the commission.  The commissioner shall appoint livestock brand inspectors and such other personnel as may be necessary for the proper and efficient administration of this Part, except as provided in Subsection B of this Section.

Amended by Acts 1956, No. 153, 1; Acts 1980, No. 330, 1; Acts 1982, No. 113, 1.

 

734.  Livestock brand inspectors

A.  Livestock brand inspectors employed by the commissioner and the director and assistant director of the commission shall be commissioned by the Department of Public Safety and, for the purposes of this Part, shall have the same power and authority as is vested in the state police. Inspectors shall have general jurisdiction throughout the state to enforce the provisions of this Part and the rules and regulations adopted under the provisions of this Part.

B.  Personnel of the commission who are commissioned peace officers shall be under the direction, control, and supervision of the commissioner and shall have the following powers and duties:

(1)  To enforce all of the provisions of this Part, and the rules and regulations adopted under the provisions of this Part, including provisions relating to the theft of animals, the illegal branding or marking of animals, the disposition of strayed animals, the theft of any farm machinery, equipment, or supplies, and to perform such duties with respect to any other farm-related crime.

(2)  To take the following actions, with or without a warrant, when the inspector has probable cause to believe that the provisions of this Part, or of the rules and regulations adopted under the provisions of this Part, have been violated:

(a)  To enter upon private land or premises.

(b)  To stop and search any airplane, automobile, truck, boat, or other vehicle.

(c)  To enter any establishment where livestock or carcasses are slaughtered, butchered, stored, or sold.

(d)  To hold livestock, carcasses, parts of carcasses, or hides for a reasonable time for the purposes of investigation and determination of ownership.

(3)  To arrest, with or without a warrant, any person who the inspector has probable cause to believe has violated the criminal provisions of this Part.

(4)  To serve all warrants and other processes issued by courts of competent jurisdiction in connection with violations of the provisions of this Part and the rules and regulations adopted under the provisions of this Part.

(5)  To cooperate with all other peace officers in the enforcement of the provisions of this Part and the rules and regulations adopted under the provisions of this Part.

(6)  To carry proper credentials evidencing their authority, which shall be exhibited upon demand of any person.

Acts 1982, No. 113, 1; Acts 1992, No. 33, 1.

 

735.  Use of unrecorded brand or mark prohibited

No person shall use any brand or mark for branding or marking animals unless the brand or mark is recorded with the commission.

Acts 1982, No. 113, 1.

 

736.  Brands and marks

A.  The provisions of this Part shall apply to cattle, horses, mules, sheep, hogs, dogs, and other animals as determined by the commission.

B.  The commission, by rule, shall adopt guidelines and requirements for brands and marks which shall include, but shall not be limited to the following:

(1)  The other animals which shall be subject to the provisions of this Part.

(2)  The style, design, and size of brands and marks.

(3)  The location of brands and marks on the animal.

(4)  Brands and marks recorded prior to September 10, 1982, shall not be affected by the provisions of this Subsection.

C.  Brands and marks may be recorded with the commission.  Each person who desires to record a brand or mark shall submit a written application on a form approved by the commission.  Each application shall be accompanied by a facsimile of the brand or mark; a description of the brand or mark, including the location of the brand or mark on the animal; such other information as may be required by the commission; and the recordation fee.

D.  The director shall examine the description or facsimile, or both, to determine if the brand or mark:

(1)  Is currently recorded by another person.

(2)  Closely resembles a brand or mark currently recorded by another person.

(3)  Meets the requirements for brands and marks adopted by the commission.

E.  If the brand or mark is not currently recorded, does not closely resemble a currently recorded brand or mark, and meets the requirements adopted by the commission the director shall record the brand or mark. The recordation shall be effective on the date the application was received by the commission and shall give the person for whom the brand or mark is recorded the exclusive right to use the brand or mark.

F.  If the brand or mark is currently recorded, or closely resembles a currently recorded brand or mark, or does not meet the requirements adopted by the commission, the director shall not record the brand or mark and shall return the application, the fee, the facsimile, and the description to the applicant with written reasons for refusing to record the brand or mark.

G.  Any applicant whose application to record a brand or mark has been refused, and any person who has recorded a brand or mark and who believes that a subsequently recorded brand or mark closely resembles a previously recorded brand or mark may appeal the decision of the director to the commission.

Acts 1982, No. 113, 1.

 

737.  Duration of recordation; renewal

A.  The recordation of each brand or mark shall expire on the last day of December of 1984, and every fifth year thereafter.

B.  The commission shall notify each owner of a brand or mark of the expiration date no later than the first day of April of each expiration year.  Applications for renewal shall be received by the commission no later than the first day of September of the expiration year. Applications for renewal shall be on forms approved by the commission and shall be accompanied by the renewal fee and such other information as the commission may require.  If any owner of a brand or mark fails to renew his recordation by the first day of September of the expiration year, the brand or mark shall be forfeited on the last day of the expiration year, and may thereafter be issued to another applicant.

Acts 1982, No. 113, 1.

 

738.  Transfer of ownership of brand or mark

Brands and marks recorded under the provisions of this Part are the property of the person recording the brand or mark and may be transferred by sale, donation, assignment, or other act of transfer of movable property. Instruments evidencing the transfer of a brand or mark shall be recorded with the commission.  The recordation of a transfer shall be notice to all third persons.

Acts 1982, No. 113, 1.

 

739.  Recordation of brand or mark by two persons

The director shall continually review and examine the recorded brands and marks to determine if there are conflicting brands or marks recorded with the commission.  When the director determines that a conflict exists, the director shall notify both persons who have recorded the brand or mark and shall expunge the more recent recordation.  The person whose recordation is expunged shall be notified by registered mail that his recordation has been expunged and that further use of this brand or mark is illegal.  Persons whose recordation has been expunged may appeal the decision of the director to the commission.  The provisions of this Section shall not affect the ownership of any animals which were branded or marked after the brand or mark was recorded and before the recordation was expunged.

Acts 1982, No. 113, 1.

 

740.  Certified copies of recordations, renewals, and transfers

A.  Each person who records a brand or mark, who renews a recordation, or to whom a recorded brand or mark is transferred, shall be entitled to one certified copy of the recordation, renewal, or transfer free of charge.

B.  In any civil or criminal action in which the ownership of an animal is in question, a certified copy of a recordation, renewal, or transfer shall be prima facie evidence of the ownership of the animal and shall be admissible in evidence without further foundation.

Acts 1982, No. 113, 1.

 

741.  Publication of brands and marks

The commission shall publish a list of all recorded brands and marks in book form.  The lists shall be supplemented annually.  The publication and the supplements shall contain a facsimile of each recorded brand or mark and the owner's name and mailing address.  The publication and the supplements shall be arranged in convenient form for reference.  The commission shall provide one copy of the publication and the supplements free of charge to the clerk of court for each parish who shall keep them as public record, the sheriff of each parish, and such other law enforcement agencies as may in the opinion of the director be appropriate.  The publication and supplements may be sold to the general public.

Acts 1982, No. 113, 1.

 

742.  Inspection of cattle

No livestock shall be sold at any public sale until such livestock have been inspected and passed by brand inspectors appointed for such purpose.  Brand inspectors are authorized to inspect any livestock being transported by any means, or being loaded or prepared to be transported.  Brand inspectors shall have the authority to inspect all livestock together with accompanying health documentation for each animal in conjunction with the Livestock Sanitary Board.  Whenever health documentation for any animal is not in compliance with the requirements of the Livestock Sanitary Board, the brand inspector may stop all movement of the animal until all required health documentation is provided or may require the person who has possession of the animal to return the animal to the place of origin.

Acts 1982, No. 113, 1.

 

743.  Strayed animals

A.  The commission shall determine the ownership of strayed animals which are subject to the provisions of this Part, based on the brands and marks recorded with the commission.

B.  Each person who takes possession of a strayed animal which is subject to the provisions of this Part shall notify the commission by certified mail, return receipt requested.  The notice shall indicate the kind of animal; the color, weight, size, sex, age, brands, marks, and distinguishing features of the animal; the place where the animal is kept; and the name and address of the person holding the animal.  The costs and expenses which may be charged by a person holding a strayed animal shall commence on the date the notice is mailed to the commission.

C.  If the commission is unable to determine the ownership of the strayed animal, the commission shall notify the person holding the strayed animal who, within ten days of receipt of the notice, shall cause the strayed animal to be advertised and sold in accordance with law.

Acts 1982, No. 113, 1.

 

744.  Purchase of cattle for slaughter

A.  No person engaged in the business of butchering or slaughtering cattle shall purchase any cattle slaughtered by another unless the hide and ears of the animal accompany the carcass.

B.  No person engaged in the business of butchering or slaughtering cattle shall purchase any cattle slaughtered by another if the hide or ears accompanying the carcass indicate that the brand or mark on the animal has been changed, mutilated, or destroyed.

C.  The provisions of this Section shall not apply to persons engaged in the business of butchering or slaughtering cattle who are operating under the provisions of the federal Packers and Stockyards Act of 1924, as amended, or under a permit issued by the Department of Health and Hospitals.

Acts 1982, No. 113, 1.

 

745.  Branding or marking or obliterating brands or marks

No person shall wilfully and knowingly brand or mark the animal of another person, or intentionally alter, deface, or obliterate a brand or mark on the animal of another person.

Acts 1982, No. 113, 1.

 

746.  Branding or marking or obliterating brands or marks with intent to steal or prevent identification

No person shall brand or mark the animal of another person or alter, deface, or obliterate a brand or mark on the animal of another person with intent to steal the animal or to prevent the identification of the animal by the owner.

Acts 1982, No. 113, 1.

 

747.  Criminal penalties

Whoever violates the provisions of R.S. 3:744, R.S. 3:745, or R.S. 3:746 shall be fined not more than five thousand dollars, or imprisoned with or without hard labor, for not more than ten years, or both.

Acts 1982, No. 113, 1.

 

748.  Civil penalties; injunctive relief

A.  The commission may assess a civil penalty of not more than two hundred fifty dollars for each violation of the provisions of this Part or of the rules and regulations adopted under the provisions of this Part.  Each day on which a violation occurs shall be considered a separate offense.

B.  Penalties may be assessed only by a ruling by the commission based on an adjudicatory hearing held in accordance with the provisions of Chapter 13 of Title 49 of the Louisiana Revised Statutes.

C.  The commission may institute civil proceedings to enforce the rulings of the commission in the district court for the parish in which the violation occurred.

D.  The commissioner may institute civil proceedings seeking injunctive relief to restrain and prevent the violation of the provisions of this Part, or of the rules and regulations adopted under the provisions of this Part, in the district court for the parish in which the violation occurred.

Added by Acts 1950, No. 245, 1. Amended by Acts 1982, No. 113, 1.

 

749.  Fees

A.  The commission shall charge the following services:

(1)  Recording brand or mark $15.00

(2)  Renewing recordation 10.00

(3)  Transfer of recordation 10.00

(4)  Second and subsequent certified copies of recordations, renewals, and transfers 6.50

B.  For each publication and each supplemental list of brands and marks, the commission shall charge the price required to be printed on the document by R.S. 43:31 plus one dollar.

C.  The commission may charge fees authorized by other federal and state law for services provided in accordance with any agreement between the commission and any state or federal agency.

D.(1)  All assessments, fees, penalties, and all other funds received under the provisions of this Part, subject to the exceptions contained in Article VII, Section 9 of the Constitution of Louisiana, shall be deposited immediately upon receipt into the state treasury and shall be credited to the Bond Security and Redemption Fund.

(2)  Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the state treasurer, prior to placing the remaining funds in the state general fund, shall pay an amount equal to the total amount of funds paid into the state treasury under the provisions of this Part into a special fund which is hereby created in the state treasury and designated as the Livestock Brand Commission Fund, hereinafter referred to as the "fund".

(3)  All unexpended and unencumbered monies in the fund at the end of each fiscal year shall remain in the fund.  The treasurer shall invest the monies in the fund in the same manner as monies in the state general fund.  All interest earned on monies from the fund invested by the state treasurer shall be deposited in the fund.

(4)  Subject to appropriation, the monies in the fund shall be used for the following purposes:

(a)  To provide for the expenses of the program established by this Part, as determined by the commission.

(b)  To fund any and all costs related to the carrying out of the powers and duties granted to the commission and the Department of Agriculture and Forestry under this Part.

Acts 1950, No. 245, 2. Amended by Acts 1952, No. 273, 1; Acts 1982, No. 113, 1; Acts 2003, No. 121, 1, eff. May 28, 2003.

 

750.  Livestock Crimestoppers Program

A.  The Livestock Crimestoppers Program is hereby created within the Department of Agriculture to be administered by the Livestock Brand Commission.

B.  The commission shall do the following:

(1)  Create, maintain, and promote a statewide livestock crimestoppers program in order to assist law enforcement agencies in detecting and combatting livestock-related crimes.

(2)  Determine which individuals shall be rewarded for providing information used in detecting and combatting livestock-related crimes.

(3)  Determine the amount of any reward to be paid.

C.  The commission may do the following:

(1)  Assist and advise in the creation and maintenance of local livestock crimestoppers programs.

(2)  Encourage the channeling of information from the programs to law enforcement agencies.

(3)  Foster the detection of livestock-related crimes by the public.

(4)  Promote the state and local programs through the media.

(5)  Accept gifts, grants, and donations for the furtherance of the program and spend these in compliance with the conditions of the gifts, grants, or donations.

(6)  Adopt such rules and regulations as are necessary to administer the program.  All rules and regulations shall be adopted in accordance with the Administrative Procedure Act.

D.  Initial funding for the livestock crimestoppers program shall be provided by a donation from the Louisiana Cattlemen's Association.

E.  All donations and other funds made available to the program shall be kept in an interest-bearing account.

F.  The identity of each person who submits information under any state or local livestock crimestoppers program and any information which may lead to the disclosure of that person's identity shall be kept confidential.

Added by Acts 1984, No. 30, 1.

 

751.  Beaver, coyote, and coydog control program

A.  There is hereby established a beaver, coyote, and coydog control program which shall be developed by the Louisiana Department of Agriculture and Forestry to be administered by the Livestock Brand Commission.  The program shall be limited to population control of beavers, coyotes, and coydogs on private or public lands, excluding federally-owned lands, but including lands whereupon servitudes are granted to a federal entity.

B.  Any state, local or private funds available to the commissioner to fund the program may be used to match federal funds available for such purpose.  The commissioner may execute such agreements with any agency of the federal government to obtain matching funds to finance the beaver, coyote, and coydog control program.

C.  Nonfederal funds to help finance the program may be obtained by the commission from the following sources:

(a)  Appropriations by the legislature.

(b)  Charges on participating landowners.

(c)  Contributions from any other sources for such purpose.

D.  The Livestock Brand Commission may adopt rules and regulations as are necessary to implement and enforce the provisions of this Section.

Acts 1995, No. 546, 1, eff. Jan. 1, 1996.

 

 

CHAPTER 15.  PRODUCTION AND MARKETING OF LIVESTOCK

PART I.  REGULATION OF USE OF STALLIONS AND JACKS

1961.  Enrollment of stallions and jacks

Every person, firm, company, or corporation using any stallion or jack for public service in this State shall cause the name, description, and pedigree of the stallion or jack to be enrolled by the Louisiana State Livestock Sanitary Board, and shall procure a certificate of enrollment from the board.  The enrollment certificate shall be recorded by the clerk of the court of the parish in which the stallion or jack is used for public service.

 

1962.  Filing certificate of soundness; diseases which will bar enrollment

In order to obtain the enrollment certificate, the owner of each stallion or jack shall file a certificate of soundness, signed by a duly qualified veterinarian, who shall be a graduate of a recognized veterinary college, stating that the stallion or jack is free from hereditary, contagious, or transmissible disease, or unsoundness, and shall forward this veterinarian's certificate, together with the stud-book certificate of registry of the pedigree of the stallion or jack, and other necessary papers relating to his breeding and ownership, to the Louisiana State Livestock Sanitary Board.

The presence of any of the following named diseases or conditions may disqualify a stallion or jack for public service: Cataract; Amaurosis; Recurrent Ophthalmia (moon blindness); Laryngeal Hemiplegia (roaring or whistling); Pulmonary Emphysema (heaves or broken wind); Chorea or St.  Vitus' Dance (shivering); String Halt; Bone Spavin; Ring Bone; Side Bone; Navicular Disease; Bog Spavin; Curb, with curby formation of hock joint; Glanders; Maladie due Coit; Urethral Gleet; Mange; Melanosis.

The Louisiana State Livestock Sanitary Board may refuse its certificate of enrollment to any stallion or jack affected with any one of the diseases or conditions hereby specified, and to revoke the previously issued enrollment certificate or license of any stallion or jack found on investigation by the board to be so affected.

 

1963.  Determination of regularity of pedigree submitted

The officers of the Louisiana State Livestock Sanitary Board, who shall examine and pass upon the merits of each pedigree submitted, shall use as their standard for action the stud-books and signatures of the duly authorized officers of the various horse and jack pedigree registry associations, societies, or companies recognized by the Louisiana State Livestock Sanitary Board, and shall accept as purebred and entitled to an enrollment certificate each stallion or jack for which a pedigree registry certificate is furnished bearing the signature of the duly authorized officers of a recognized and approved stud-book.

 

1964.  Posting license certificate

The owner of any stallion or jack used for public service in this state shall post and keep affixed during the entire breeding season, copies of the enrollment certificate of the stallion or jack in a conspicuous place both within and upon the outside of every stable or building where the stallion or jack is used for public service at his home or elsewhere.

 

1967.  License fee

A fee of two dollars shall be paid to the Louisiana State Livestock Sanitary Board for the examination and enrollment of the pedigree, and for the issuance of a certificate in accordance with the breeding of the stallion or jack.  A renewal license fee of one dollar shall be paid to the Louisiana State Livestock Sanitary Board each year after the date of the issuance of the original certificate.

 

1968.  Transfer of certificate of enrollment; duplicate certificate

Upon the transfer of the ownership of any stallion or jack enrolled under the provisions of this Part, the certificate of enrollment may be transferred to the transferee by the Louisiana State Livestock Sanitary Board upon submission of satisfactory proof of transfer, and upon payment of a fee of fifty cents; and a fee of fifty cents shall be paid for a duplicate certificate issued where proof is given of loss or destruction of the original certificate.

 

1969.  Examination of soundness of stallion or jack

When complaint is made to the Louisiana State Livestock Sanitary Board that a stallion or jack is unsound, and an investigation or examination by the board is deemed necessary, the examination shall be made by the graduate veterinarian in charge, or by his accredited graduate veterinary deputy; but the owner of the stallion or jack may select some recognized graduate veterinarian to act with the veterinarian representing the board, and the recognized graduate veterinarian, on receipt of such notice, shall act jointly with the veterinarian representing the board.  In case these two shall fail to agree, they shall appoint a third graduate veterinarian to act as referee, and his decision shall be final.

 

1970.  Lien or privilege on mare and produce for service fee; prescription

Any owner, or his duly authorized agent, of any stallion or jack standing for public service, with a license from the Louisiana State Livestock Sanitary Board, shall have a lien and privilege on any mare and her produce for service fee to the stallion or jack, provided the owner or agent shall take a note or obligation of owner or agent of the mare for the service, stating dates of service, etc.  The note or obligation shall be recorded with the clerk of court of the parish in which the owner or agent of the mare resides at the time of the service.  The lien herein granted shall prescribe within six months from the date of birth of the produce, unless proceedings to enforce the lien shall have been commenced in a court of competent jurisdiction.

 

1971.  Penalty for violations

Whoever violates this Part shall be fined not more than one hundred dollars, nor less than twenty-five dollars, or in default thereof, imprisoned for not more than sixty days, nor less than ten days.

 

PART II.  IMPROVEMENT OF BREEDS OF LIVESTOCK

2001.  Parish regulations to aid improvement of breeds

The governing authorities of the several parishes may pass reasonable regulations for the protection of those engaged in the livestock industry in improving the breeds of livestock.

 

2002.  Ordinances for control of bulls authorized

The parishes may provide by ordinance for the control of all bulls by their owners and to require that the owners of all scrub bulls keep them in enclosures.

 

2003.  Castration or impounding of scrub bulls

Parishes may also provide by ordinance for the castration of, or the impounding of, any scrub bull whose owner fails to comply with any regulations authorized by this Part.

 

2005.  Obtaining list of approved pedigree or registry associations

The Louisiana State Livestock Sanitary Board shall, upon the request of the police jury of any parish, furnish a list of pedigree or registry associations as satisfy the requirements of R.S. 3:2004.

 

2006.  Right to notice and opportunity to prove bull not subject to castration

No animal shall be castrated under the authority of this Part without notice to the owner thereof; except where the owner of any scrub bull who fails to keep such animals enclosed in violation of any police jury ordinance or regulation cannot be found with reasonable diligence within twenty days, the police jury may castrate the animal.

When the owner of any animal declared to be a scrub bull by a police jury contends that the animal is entitled to pedigree under the provisions of R.S. 3:2004, he shall, upon reasonable assurance of paying all costs of impounding, be entitled to a reasonable time, not exceeding sixty days, to prove that the animal is not a scrub bull as defined by this Part.  If he is unable to prove such fact within such period of time the animal shall be castrated.

 

2007.  Impounding scrub bull not restrained

The several parishes may impound any scrub bull whose owner fails to keep it enclosed and to hold the same until all charges are paid, whether or not the owner resides within the parish where the animal is impounded.

 

2008.  Authority of parishes to impose penalties

The several parishes may impose reasonable penalties for violation of any ordinance authorized by this Part.

 

2009.  Compensation on castration of scrub bull

The owner of any scrub bull castrated under the authority of this Part shall be entitled to no compensation unless provision has been made therefor.

 

2010.  Sale of improved varieties of livestock by state institutions

In order to encourage the propagation of improved breeds of livestock in the state the director of the state experiment stations of Louisiana State University and Agricultural and Mechanical College and the board members of all other state institutions, may authorize the sale at public auction of any varieties of livestock whose propagation in the state they may deem advantageous to its agricultural interests, and such sales shall be exempt from all the state duties or taxes imposed on other auction sales.

 

2011.  Persons conducting sales of livestock exempt from usual requirements

The director of the experiment stations of Louisiana State University and Agricultural and Mechanical College may authorize any suitable person to conduct sales of improved breeds of livestock for the purpose set out in R.S. 3:2041, and the person authorized to conduct such sales shall be exempt from the requirements as to oath, bond, and from other regulations prescribed for licensed auctioneers.

 

PART III.  LIVESTOCK EXHIBITIONS

2041.  Facilities for livestock shows

Out of funds made available for such purpose, the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College shall acquire or erect buildings and procure facilities on land donated in accordance with R.S. 3:2042 to be used in holding annual livestock shows at Alexandria, Delhi, and Arabi for the purpose of aiding, encouraging, and fostering the development, production, and marketing of livestock in Louisiana.

 

2042.  Donation of land for livestock shows

The parishes of Rapides, Richland, and St. Bernard may each donate any land to the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College for the purposes set out in R.S. 3:2041.

 

2043.  Maintenance of facilities for livestock shows

The governing authority of each parish shall maintain the buildings and facilities acquired or constructed in its respective parish by the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College on lands donated in accordance with R.S. 3:2042.

 

2044.  Disposition of donated lands on discontinuance of shows

In the event the annual livestock show or exhibition is discontinued in any one of the parishes named in this Part, title to the lands donated in accordance with R.S. 3:2042 shall be returned by the board of supervisors to the donor parish in which the annual event is terminated.

 

CHAPTER 16.  DISEASES OF ANIMALS

PART I.  LOUISIANA STATE LIVESTOCK

SANITARY BOARD

2091.  Louisiana State Livestock Sanitary Board

A.  The Louisiana State Livestock Sanitary Board is hereby created within the Department of Agriculture.  The board shall be domiciled in Baton Rouge.

B.  The board shall consist of the following fifteen members appointed by the commissioner of agriculture and forestry in accordance with the following provisions:

(1)  One member appointed from a list of three persons nominated by the Louisiana Auction Markets Association.

(2)  One member appointed from a list of three persons nominated by the Louisiana Farm Bureau Federation.

(3)  One member appointed from a list of three persons nominated by the Louisiana Veterinary Medical Association.

(4)  One member who is a breeder of purebred cattle appointed from a list of three persons nominated by the Louisiana Cattlemen's Association.

(5)  One member who is a breeder of commercial cattle appointed from a list of three persons nominated by the Louisiana Cattlemen's Association.

(6)  One member appointed from a list of three persons nominated by the Louisiana Thoroughbred Breeders' Association.

(7)  One member appointed from a list of three persons nominated by the Louisiana Swine Producers' Association.

(8)  One member appointed from a list of three persons nominated by the Louisiana Sheep Producers' Association.

(9)  One member appointed from a list of three persons nominated by the Louisiana Poultry Improvement Association.

(10)  One member appointed from a list of three persons nominated by the commissioner of agriculture.

(11)  One member representing the meat industry appointed from a list of three persons nominated by the Independent Meat Packers Association.

(12)  One dairy farmer to be selected from persons nominated by organized dairy cooperatives domiciled in Louisiana, each of which cooperatives may nominate one dairy farmer.

(13)  One member who is a livestock dealer appointed from the livestock dealers permitted by the board.

(14)  One member who is a poultry grower appointed from a list of three persons nominated by the Louisiana Farm Bureau Federation.

(15)  One member who is an exotic animal farmer licensed pursuant to R.S. 3:3102.

C.  The commissioner of agriculture and forestry shall serve on the board as ex officio member with the same rights, powers, duties, responsibilities, and privileges as appointed members.

D.  Members shall be appointed for terms which shall end at the same time as the term of the commissioner making the appointment.  Members shall serve until their successors in office are appointed and sworn in.  Each member shall take and subscribe to the oath of office prescribed for state officers.

E.(1)  Members shall be appointed no later than the sixtieth day after the commissioner takes office, or the sixtieth day after a vacancy occurs, or the sixtieth day after nominations are received by the commissioner, whichever is later.

(2)  The initial appointment of the member who is an exotic animal farmer shall be no later than the sixtieth day after August 15, 1997.  Thereafter, such appointment shall be made pursuant to Paragraph (1).

F.  Each appointment by the commissioner shall be submitted to the Senate for confirmation.

G.  Vacancies in the offices of the members shall be filled in the same manner as the original appointments for the unexpired portion of the term of the office vacated.

H.  A majority of the members of the board shall constitute a quorum for the transaction of business.  All official actions of the board shall require the affirmative vote of a majority of the members of the board.  However, no member may vote to deny a charter, permit, or license to any person applying for such if the applicant would be in direct competition with the member's business operation.

I.  Members may designate representatives to attend meetings of the board.  Members who appoint representatives shall provide notice to the board of such action.  Representatives shall present written authorization, signed by a member, to the board prior to attending a meeting.  Representatives shall not have voting rights.

J.  The board, by a vote of two-thirds of the members, may expel a member who has accumulated three consecutive unexcused absences from board meetings.

K.  Members of the board shall not receive any salary for their duties as members.  Members may receive a per diem for each day spent in actual attendance of meetings of the board or of duly appointed committees or subcommittees of the board.  The amount of the per diem shall be fixed by the board in an amount not to exceed forty dollars.  Members may receive a mileage allowance for mileage traveled in attending meetings.  The mileage allowance shall be fixed by the board in an amount not to exceed the mileage rate for state employees.

L.  The board shall meet quarterly and may meet on the call of the chairman or upon the request of any three members.  The board shall not meet more than twelve times in any calendar year.

Acts 1995, No. 233, 1; Acts 1995, No. 242, 1; Acts 1995, No. 613, 1; Acts 1997, No. 5, 1.

 

2092.  Officers and employees

A.  The members of the board shall elect a chairman, a vice-chairman, and such other officers as they deem necessary.  All officers shall be members of the board.

B.  The board, subject to the approval of the commissioner of agriculture, shall employ a director, an assistant director, and a state veterinarian, all of whom shall be in the unclassified service.  The state veterinarian shall be the executive secretary of the board.  The commissioner of agriculture shall employ such other personnel of the board as are necessary.  All employees of the board shall be under the direction and supervision of the commissioner of agriculture.  The state veterinarian shall be licensed to practice veterinary medicine in this state, shall be a graduate of a recognized school of veterinary medicine, and shall have at least five years experience as a veterinarian, at least three years of which shall be experienced in the regulatory control of livestock disease.

Amended by Acts 1954, No. 689, 1; Acts 1980, No. 330, 1; Acts 1982, No. 443, 1, eff. Jan. 1, 1983.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Disease Prevention

 

2131.  Cremation or burial of animal carcasses

In order to prevent, control, and eradicate anthrax or charbon, glanders, blackleg, hemorrhagic septicemia, hog cholera and all other contagious or communicable diseases of mules, horses, cattle, sheep, goats, and swine throughout the state the carcasses of all animals shall be disposed of in a sanitary manner by cremation or deep burial.  Burial in this sense means that the animal carcass shall be placed in a hole or pit not less than six feet deep in the disposition of carcasses of cows, mules, and horses, and not less than four feet as applying to carcasses of sheep, goats, and swine.  The owners, agents, firms, or corporations, or persons in charge of any or all live stock on ranges, pastures, or other premises shall be responsible for disposition of all carcasses in those herds over which they have jurisdiction, with reference to complying to the provisions of this Part.  The provisions of this Part shall not apply to animal carcasses within the limits of a city or town which is provided with an incinerator or in which a rendering plant is operated, provided such incinerator or rendering plant is equipped with facilities to properly transport or handle carcasses in a manner to prevent dissemination of infection.

 

2132.  Restraint of sick animals

It shall be unlawful for any owner, person, firm, or corporation, or agent in charge to permit any animal or animals affected with or which have been exposed to anthrax or charbon, glanders, blackleg, hemorrhagic septicemia, hog cholera, or any other contagious or communicable disease, to run at large or to go upon any public road or range.  The animal shall be kept on premises of owners, agent, or person in charge of the animal in proper enclosure until all danger of infection has passed.

 

2133.  Penalty for violations

Whoever willfully violates this Part shall be fined not less than three hundred dollars nor more than one thousand dollars or imprisoned for not less than thirty days nor more than sixty days, or both.

Acts 2004, No. 39, 1.

 

Title 4 Amusements and Sports

 

249.  Dog racing prohibited

The business of conducting dog races is prohibited in this state.

Acts 1962, No. 298, 1.

 

 

 

Title 14 Criminal

63.  Criminal trespass

A.  No person shall enter any structure, watercraft, or movable owned by another without express, legal, or implied authorization.

B.  No person shall enter upon immovable property owned by another without express, legal, or implied authorization.

C.  No person shall remain in or upon property, movable or immovable, owned by another without express, legal, or implied authorization.

D.  It shall be an affirmative defense to a prosecution for a violation of Subsection A, B, or C of this Section, that the accused had express, legal, or implied authority to be in the movable or on the immovable property.

E.  The following persons may enter or remain upon the structure, watercraft, movable or immovable property, of another:

(1)  A duly commissioned law enforcement officer in the performance of his duties.

(2)  Any firefighter, whether or not a member of a volunteer or other fire department, and any employee or agent of the Louisiana Department of Agriculture and Forestry engaged in locating and suppressing a fire.

(3)  Emergency medical personnel engaged in the rendering of medical assistance to an individual.

(4)  Any federal, state or local government employee, public utility employee or agent engaged in suppressing or dealing with an emergency that presents an imminent danger to human safety or health or to the environment.

(5)  Any federal, state or local government employee, public utility employee or agent in the performance of his duties when otherwise authorized by law to enter or remain on immovable or movable property.

(6)  Any person authorized by a court of law to enter or remain on immovable property.

(7)  Any person exercising the mere right of passage to an enclosed estate, as otherwise provided by law.

F.  The following persons may enter or remain upon immovable property of another, unless specifically forbidden to do so by the owner or other person with authority, either orally or in writing:

(1)  A professional land surveyor or his authorized personnel, engaged in the "Practice of Land Surveying", as defined in R.S. 37:682.

(2)  A person, affiliate, employee, agent or contractor of any business which is regulated by the Louisiana Public Service Commission or by a local franchising authority or the Federal Communication Commission under the Cable Reregulation Act of 1992 or of a municipal or public utility, while acting in the course and scope of his employment or agency relating to the operation, repair, or maintenance of a facility, servitude or any property located on the immovable property which belongs to such a business.

(3)  Any person making a delivery, soliciting, selling any product or service, conducting a survey or poll, a real estate licensee or other person who has a legitimate reason for making a delivery, conducting business or communicating with the owner, lessee, custodian or a resident of the immovable property, and who, immediately upon entry, seeks to make the delivery, to conduct business or to conduct the communication.

(4)  An employee of the owner, lessee or custodian of the immovable property while performing his duties, functions and responsibilities in the course and scope of his employment.

(5)  The owner of domestic livestock or his employees or agents while in the process of retrieving his domestic livestock that have escaped from an area fenced to retain such domestic livestock.

(6)  The owner of a domestic animal while in the sole process of merely retrieving his domestic animal from immovable property and not having a firearm or other weapon on his person.

(7)  Any candidate for political office or any person working on behalf of a candidate for a political office.

(8)  The owner or occupant of a watercraft or vessel traveling in salt water engaged in any lawful purpose for the purpose of retrieval of his property or for obtaining assistance in an emergency situation.

G.  The following penalties shall be imposed for a violation of this Section:

(1)  For the first offense, the fine shall be not less than one hundred dollars and not more than five hundred dollars, or imprisonment for not more than thirty days, or both.

(2)  For the second offense, the fine shall be not less than three hundred dollars and not more than seven hundred fifty dollars, or imprisonment for not more than ninety days, or both.

(3)  For the third offense and all subsequent offenses, the fine shall be not less than five hundred dollars and not more than one thousand dollars, or imprisonment for not less than sixty days and not more than six months, or both, and forfeiture to the law enforcement authority of any property seized in connection with the violation.

(4)  A person may be convicted of a second offense and any subsequent offenses regardless of whether any prior conviction involved the same structure, watercraft, movable or immovable property and regardless of the time sequence of the occurrence of the offenses.

H.  The provisions of any other law notwithstanding, owners, lessees, and custodians of structures, watercraft, movable or immovable property shall not be answerable for damages sustained by any person who enters upon the structure, watercraft, movable or immovable property without express, legal or implied authorization, or who without legal authorization, remains upon the structure, watercraft, movable or immovable property after being forbidden by the owner, or other person with authority to do so; however, the owner, lessee or custodian of the property may be answerable for damages only upon a showing that the damages sustained were the result of the intentional acts or gross negligence of the owner, lessee or custodian.

I.  A minor ten years old or younger shall not be arrested, detained or apprehended for the crime of trespass.

Amended by Acts 1960, No. 458, 1; Acts 1964, No. 497, 1; Acts 1981, No. 78, 1, eff. Jan. 1, 1982; Acts 1990, No. 870, 1, eff. Jan. 1, 1991; Acts 1991, No. 438, 1; Acts 1993, No. 887, 1; Acts 2003, No. 279, 3; Acts 2003, No. 802, 1.

 

 

 

67.1.  Theft of livestock

A.  Any of the following acts shall constitute theft of livestock:

(1)  The misappropriation or taking of livestock belonging to another or proceeds derived from the sale of such livestock or its meat, whether done without the consent of the owner to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations, with the intent to deprive the owner permanently of the livestock, or proceeds derived from the sale of the livestock or its meat.

(2)  Transporting, or causing the transportation of, livestock to a slaughterhouse or a public livestock market as defined in R.S. 3:663, for purposes of selling or keeping the livestock or meat with an intent to deprive the owner permanently of the livestock or meat or proceeds derived from the sale of the livestock or meat.

(3)  Failing or refusing to pay for livestock purchased from an agent, dealer, public livestock market as defined in R.S. 3:663, or owner, or acquired with the consent of the agent, dealer, public livestock market as defined in R.S. 3:663, or owner, within thirty days of the date the livestock was purchased or acquired or the date payment was due, whichever is longer, with the intent to permanently deprive the other of the livestock or the livestock's value.

B.  Either of the following acts shall constitute presumptive evidence of intent to permanently deprive the other of the livestock or meat, or proceeds derived from sale of the livestock or meat:

(1)  Assignment of the livestock in a record book maintained by a slaughterhouse or public livestock market as defined in R.S. 3:663, in a name other than that of owner.

(2)  Failing to pay for the livestock within ten days after notice of a request for payment or return of the livestock or meat has been sent by the agent, dealer, public livestock market as defined in R.S. 3:663, or owner, to the offender's last known address by either registered or certified mail, return receipt requested, or by actual delivery by a commercial courier.

C.  Affirmative defenses shall include but not be limited to a contract establishing longer terms for payment and fraud in regard to the quality of the livestock.

D.  "Livestock" means any animal except dogs and cats, bred, kept, maintained, raised, or used for profit, used in agriculture, aquaculture, or silvaculture, or for other related purposes or used in the production of crops, animals, or plant or animal products for market.  This definition includes but is not limited to cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, and other equine; goats; sheep; swine; chickens, turkeys, and other poultry; domestic rabbits; imported exotic deer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and other farm-raised exotic animals; fish, pet turtles, and other animals identified with aquaculture which are located in artificial reservoirs or enclosures that are both on privately owned property and constructed so as to prevent, at all times, the ingress and egress of fish life from public waters; any commercial crawfish from any crawfish pond; and any hybrid, mixture, or mutation of any such animal.

E.  The Livestock Brand Commission of the state of Louisiana shall have primary responsibility for the collection of information in such cases and shall aid all police agencies in such investigations.

F.  Whoever commits the crime of theft of livestock shall be fined not more than five thousand dollars, or imprisoned, with or without hard labor, for not more than ten years, or both.

G.  Whenever there is a prosecution under this Section as a second or third offense not more than one offense committed prior to the enactment of this Section may be used to establish the second or third offense as the case may be.

Added by Acts 1950, No. 173, 1.  Amended by Acts 1956, No. 154, 1; Acts 1975, No. 611, 1; Acts 1978, No. 222, 1; Acts 1979, No. 184, 1; Acts 1981, No. 165, 1; Acts 2003, No. 115, 1, eff. May 28, 2003.

 

 

 

67.2.  Theft of animals

A.  Theft of animals is the misappropriation, killing, or taking of any animal which belongs to another, either without consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations.  An intent to deprive the other permanently of the animal or an intent to ransom it for the purpose of extorting money or favor is essential.

B.(1)  Whoever commits the crime of theft of animals, when the misappropriation or taking amounts to a value of five hundred dollars or more, shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than three thousand dollars, or both.

(2)  When the misappropriation or taking amounts to a value of three hundred dollars or more, but less than a value of five hundred dollars, the offender shall be imprisoned, with or without hard labor, for not more than two years or may be fined not more than two thousand dollars, or both.

(3)  When the misappropriation or taking amounts to less than a value of three hundred dollars, the offender shall be imprisoned for not more than six months or may be fined not more than five hundred dollars, or both.  If the offender in such a case has been convicted of misdemeanor theft of an animal two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than two years or may be fined not more than one thousand dollars, or both.

(4)  In addition to the foregoing penalties, a person convicted under this Section who killed an animal may be ordered to make full restitution to the owner of the animal.  Restitution shall be in an amount not less than the value of the animal as determined by Subsection C of this Section.  If a person ordered to make restitution pursuant to this Section is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person's financial ability.

C.  The value of the animal which was misappropriated, killed, or taken shall be decided by the court, or the jury in a jury trial, based upon the evidence establishing the value beyond a reasonable doubt, including but not limited to the following:

(1)  The amount of money which was acquired from the sale, use, or other disposal of the animal.

(2)  Expert testimony as to the amount of money which may be acquired from the sale, use, or other disposal of the animal.

(3)  In cases of a pet, testimony by the owner as to the strength of the bond between the owner and the animal and the emotional attachment between the  animal and the owner or person with whom the animal is attached.

D.  The provisions of Subsection C of this Section do not apply when the state proves beyond a reasonable doubt that the  animal is a dog and a pet, and the theft of such animal shall be punishable as provided in Paragraph B(1) of this Section.

E.  For the purposes of this Section, "animal" means any non-human living creature except for livestock as defined in R.S. 14:67.1.

Added by Acts 1962, No. 290, 1; Acts 1995, No. 1183, 1; Acts 2004, No. 749, 1; Acts 2006, No. 143, 1.

 

67.13.  Theft of an alligator

A.  Theft of an alligator is the misappropriation or taking of an alligator, an alligator's skin, or a part of an alligator, whether dead or alive, belonging to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations.  An intent to deprive the other permanently of the alligator, the alligator's skin, or a part of an alligator is essential.

B.(1)  Whoever commits the crime of theft of an alligator when the misappropration or taking amounts to a value of five hundred dollars or more shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than three thousand dollars, or both.

(2)  When the misappropriation or taking amounts to a value of three hundred dollars or more, but less than a value of five hundred dollars, the offender shall be imprisoned, with or without hard labor, for not more than two years or may be fined not more than two thousand dollars, or both.

(3)  When the misappropriation or taking amounts to less than a value of three hundred dollars, the offender shall be imprisoned for not more than six months or may be fined not more than five hundred dollars, or both.  If the offender in such cases has been convicted of theft of an alligator two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than two years or may be fined not more than one thousand dollars, or both.

Acts 1992, No. 410, 1; Acts 2006, No. 143, 1.

 

89.  Crime against nature

A.  Crime against nature is:

(1)  The unnatural carnal copulation by a human being with another of the same sex or opposite sex or with an animal, except that anal sexual intercourse between two human beings shall not be deemed as a crime against nature when done under any of the circumstances described in R.S. 14:41, 14:42, 14:42.1 or 14:43.  Emission is not necessary; and, when committed by a human being with another, the use of the genital organ of one of the offenders of whatever sex is sufficient to constitute the crime.  

(2)  The solicitation by a human being of another with the intent to engage in any unnatural carnal copulation for compensation.  

B.  Whoever violates the provisions of this Section shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both.  

Amended by Acts 1975, No. 612, 1; Acts 1982, No. 703, 1.

 

 

 

 

102.  Definitions; cruelty to animals

The following words, phrases, and terms as used in R.S. 14:102.1 through R.S. 14:102.4 shall be defined and construed as follows:

(1)  "Cruel" means every act or failure to act whereby unjustifiable physical pain or suffering is caused or permitted.

(2)  "Abandons" means to completely forsake and desert an animal previously under the custody or possession of a person without making reasonable arrangements for its proper care, sustenance, and shelter.

(3)  "Proper food" means providing each animal with daily food of sufficient quality and quantity to prevent unnecessary or unjustifiable suffering by the animal.

(4)  "Proper water" means providing each animal with daily water of sufficient quality and quantity to prevent unnecessary or unjustifiable suffering by the animal.

(5)  "Proper shelter" means providing each animal with adequate shelter from the elements as required to prevent unnecessary or unjustifiable suffering by the animal.

(6)  "Proper veterinary care" means providing each animal with veterinary care sufficient to prevent unnecessary or unjustifiable physical pain or suffering by the animal.

(7) "Livestock" means cattle, sheep, swine, goats, horses, mules, burros, asses, other livestock of all ages, farm-raised cervidae species, and farm-raised ratite species.

(8)  "Public livestock exhibition" means any place, establishment, or facility commonly known as a "livestock market", "livestock auction market", "sales ring", "stockyard", or the like, operated for compensation or profit as a public market for livestock, consisting of pens, or other enclosures, and their appurtenances, in which livestock are received, held, sold, or kept for sale or shipment.  "Public livestock exhibition" also means any public exhibition or sale of livestock or  a livestock show.

(9)  "Tampers" means any of the following:

(a)  The injection, use, or administration of any drug or other internal or external administration of any product or material, whether gas, solid, or liquid, to livestock for the purpose of concealing, enhancing, transforming, or changing the true conformation, configuration, condition, natural color, or age of the livestock or making the livestock appear more sound than they actually are.

(b)  The use or administration, for cosmetic purposes, of steroids, growth stimulants, or internal artificial filling, including paraffin, silicone injection, or any other substance.

(c)  The use or administration of any drug or feed additive affecting the central nervous system of the livestock, unless administered or prescribed by a licensed veterinarian for the treatment of an illness or an injury.

(d)  The use or administration of diuretics for cosmetic purposes.

(e)  The surgical manipulation or removal of tissue so as to change, transform, or enhance the true conformation, configuration, or natural color of the livestock unless the procedure is considered an accepted livestock management practice.

Amended by Acts 1982, No. 431, 1; Acts 1997, No. 461, 2.

 

102.1.  Cruelty to animals; simple and aggravated

A.(1)  Any person who intentionally or with criminal negligence commits any of the following shall be guilty of simple cruelty to animals:

(a)  Overdrives, overloads, drives when overloaded, or overworks a living animal.

(b)  Torments, cruelly beats, or unjustifiably injures any living animal, whether belonging to himself or another.

(c)  Having charge, custody, or possession of any animal, either as owner or otherwise, unjustifiably fails to provide it with proper food, proper drink, proper shelter, or proper veterinary care.

(d)  Abandons any animal.  A person shall not be considered to have abandoned an animal if he delivers to an animal control center an animal which he found running at large.

(e)  Impounds or confines or causes to be impounded or confined in a pound or other place, a living animal and fails to supply it during such confinement with proper food, proper drink, and proper shelter.

(f)  Carries, or causes to be carried, a living animal in or upon a vehicle or otherwise, in a cruel or inhumane manner.

(g)  Unjustifiably administers any poisonous or noxious drug or substance to any domestic animal or unjustifiably exposes any such drug or substance, with intent that the same shall be taken or swallowed by any domestic animal.

(h)  Injures any animal belonging to another person without legal privilege or consent of the owner.

(i)  Mistreats any living animal by any act or omission whereby unnecessary or unjustifiable physical pain, suffering, or death is caused to or permitted upon the animal.

(j)  Causes or procures to be done by any person any act enumerated in this Subsection.

(2)(a)  Whoever commits the crime of simple cruelty to animals shall be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.

(b)  In addition to any other penalty imposed, a person who commits the crime of cruelty to animals shall be ordered to perform five eight-hour days of court-approved community service.  The community service requirement shall not be suspended.

B.(1)  Any person who intentionally or with criminal negligence tortures, maims, or mutilates any living animal, whether belonging to himself or another, shall be guilty of aggravated cruelty to animals.

(2)  Any person who tampers with livestock at a public livestock exhibition or at a private sale shall also be guilty of aggravated cruelty to animals.

(3)  Any person who causes or procures to be done by any person any act designated in this Subsection shall also be guilty of aggravated cruelty to animals.

(4)  Whoever commits the crime of aggravated cruelty to animals shall be fined not less than five thousand dollars nor more than twenty-five thousand dollars or imprisoned, with or without hard labor, for not less than one year nor more than ten years, or both.

(5)  For purposes of this Subsection, where more than one animal is tortured, maimed, mutilated, or maliciously killed1 or where more than one head of livestock is tampered with, each act comprises a separate offense.

NOTE:  Subsection C eff. until August 15, 2008.  See Acts 2007, No. 425, 1.

C.  This Section shall not apply to the lawful hunting or trapping of wildlife as provided by law, herding of domestic animals, accepted veterinary practices, and activities carried on for scientific or medical research governed by accepted standards.

NOTE:  Subsection C as amended by Acts 2007, No. 425, 1, eff. August 15, 2008.

C.  This Section shall not apply to any of the following:

(1)  The lawful hunting or trapping of wildlife as provided by law.

(2)  Herding of domestic animals.

(3)  Accepted veterinary practices.

(4)  Activities carried on for scientific or medical research governed by accepted standards.

(5)  Traditional rural Mardi Gras parades, processions, or runs involving chickens.

(6)  Nothing in this Section shall prohibit the standard transportation and agricultural processing of agriculture products as defined in R.S. 3:3602(5) and (6).

NOTE:  Subsection D repealed by Acts 2007, No. 425, 2, eff. August 15, 2008.

D.  For purposes of this Section, fowl shall not be defined as animals.  Only the following birds shall be identified as animals for purposes of this Section:

(1)  Order Psittaciformes-parrots, parakeets, lovebirds, macaws, cockatiels or cockatoos.

(2)  Order Passeriformes-canaries, starlings, sparrows, flycatches, mynah or myna.

(3)  Order Anseriformes-Anatidae--swans, geese, and all forms of ducks.

(4)  Order Struthioniformes--ratites-ostriches, emus, rheas, cassowaries, and kiwis.

(5)  Genus-Pavo--peacocks and peahens.

Added by Acts 1982, No. 431, 1.  Acts 1983, 1st Ex.  Sess., No. 6, 1; Acts 1987, No. 336, 1; Acts 1995, No. 1165, 1; Acts 1995, No. 1246, 1, eff. June 29, 1995; Acts 1997, No. 461, 2; Acts 1997, No. 1212, 1; Acts 2006, No. 228, 1; Acts 2007, No. 425, 1 and 2, eff. Aug. 15, 2008.

1As appears in enrolled bill.

 

102.2.  Seizure and disposition of animals cruelly treated

A.  When a person is charged with cruelty to animals, said person's animal may be seized by the arresting officer and held pursuant to this Section.

B.(1)  The seizing officer shall notify the owner of the seized animal of the provisions of this Section by posting written notice at the location where the animal was seized or by leaving it with a person of suitable age and discretion residing at that location within twenty-four hours of the seizure.

(2)  The seizing officer shall photograph the animal within fifteen days after posting of the notice of seizure and shall cause an affidavit to be prepared in order to document its condition in accordance with R.S. 15:436.2.

(3)  The seizing officer shall appoint a licensed veterinarian or other suitable custodian to care for any such animal.  The custodian shall retain custody of the animal in accordance with this Section.

(4)  The seized animal shall be held by the custodian provided for in Paragraph (3) for a period of fifteen consecutive days, including weekends and holidays, after such notice of seizure is given.  Thereafter, if a person who claims an interest in such animal has not posted bond in accordance with Subsection C, the animal may be humanely disposed of by sale, adoption, or euthanasia.

C.  A person claiming an interest in any animal seized pursuant to this Section may prevent the disposition of the animal as provided for in Subsection B by posting a bond with the court within fifteen days after receiving notice of such seizure in an amount sufficient to secure payment for all reasonable costs incurred in the boarding and treatment for any seized animal for a thirty-day period commencing on the date of initial seizure. Such bond shall not prevent the department, agency, humane society, or other custodian of the animal from disposing of the animal in accordance with Subsection B at the end of the thirty-day period covered by the bond, unless the person claiming an interest posts an additional bond for such reasonable expenses for an additional thirty-day period.  In addition, such bond shall not prevent disposition of the animal for humane purposes at any time, in accordance with Subsection E of this Section.  The amount of the bond shall be determined by the department, agency, humane society or other custodian of the animal as authorized by the court in accordance with the current rate for board and on the condition of the animal after examination by a licensed veterinarian.

D.  Upon a person's conviction of cruelty to animals, it shall be proper for the court, in its discretion, to order the forfeiture and final determination of the custody of any animal found to be cruelly treated in accordance with this Section and the forfeiture of the bond posted pursuant to Subsection C as part of the sentence.  The court may, in its discretion, order the payment of any reasonable or additional costs incurred in the boarding or veterinary treatment of any seized animal prior to its disposition, whether or not a bond was posted by the defendant.  In the event of the acquittal or final discharge without conviction of the accused, the court shall, on demand, direct the delivery of any animal held in custody to the owner thereof and order the return of any bond posted pursuant to Subsection C, less reasonable administrative costs.

E.  Nothing in this Section shall prevent the euthanasia of any seized animal, at any time, whether or not any bond was posted, if a licensed veterinarian determines that the animal is not likely to survive and is suffering, as a result of any physical condition.  In such instances, the court, in its discretion, may order the return of any bond posted, less reasonable costs, at the time of trial.

Added by Acts 1982, No. 431, 1; Acts 1997, No. 1212, 1.

 

102.3.  Search warrant; animal cruelty offenses

If the complaint is made, by affidavit, to any magistrate authorized to issue search warrants in criminal cases, that the complainant has reason to believe that an animal has been or is being cruelly treated in violation of R.S. 14:102.1, in any building or place, such magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search warrant to any law enforcement officer authorized by law to make arrests for such offenses, authorizing any such officer to make a search of said building or place, and to arrest any person found violating R.S. 14:102.1.  Said warrant may also authorize said officer to seize any animal believed to be cruelly treated and to take custody thereof.  This section shall not be construed as a limitation on the power of law enforcement officers to seize animals as evidence at the time of the arrest.  

Added by Acts 1982, No. 431, 1.

 

102.4.  Confined animals; necessary food and water

When a living animal is impounded or confined, and continues without necessary food and water for more than twenty-four consecutive hours, any law enforcement officer may, as often as is necessary, enter any place in which the animal is impounded or confined and supply it with necessary food and water so long as it shall remain impounded or confined.

Added by Acts 1982, No. 431, 1.  

 

102.5.  Dogfighting; training and possession of dogs for fighting

A.  No person shall intentionally do any of the following:

(1)  For amusement or gain, cause any dog to fight with another dog, or cause any dogs to injure each other.

(2)  Permit any act in violation of Paragraph (1) to be done on any premises under his charge or control, or aid or abet any such act.

(3)  Promote, stage, advertise, or be employed at a dogfighting exhibition.

(4)  Sell a ticket of admission or receive money for the admission of any person to any place used, or about to be used, for any activity described in Paragraph (2).

(5)  Own, manage, or operate any facility kept or used for the purpose of dogfighting.

(6)  Knowingly attend as a spectator at any organized dogfighting event.

 

(7)(a)  Own, possess, keep, or train a dog for purpose of dogfighting.

(b)  The following activities shall be admissible as evidence of a violation of this Paragraph:

(i)  Possession of any treadmill wheel, hot walker, cat mill, cat walker, jenni, or other paraphernalia, together with evidence that the paraphernalia is being used or intended for use in the unlawful training of a dog to fight with another dog, along with the possession of any such dog.

(ii)  Tying, attaching, or fastening any live animal to a machine or power propelled device, for the purpose of causing the animal to be pursued by a dog, together with the possession of a dog.

(iii)  Possession or ownership of a dog exhibiting injuries or alterations consistent with dogfighting, including but not limited to torn or missing ears, scars, lacerations, bite wounds, puncture wounds, bruising or other injuries, together with evidence that the dog has been used or is intended for use in dogfighting.

B.  "Dogfighting" means an organized event wherein there is a display of combat between two or more dogs in which the fighting, killing, maiming, or injuring of a dog is the significant feature, or main purpose, of the event.

C.  Whoever violates any provision of Paragraphs (1) through (5) and (7) of Subsection A of this Section shall be fined not less than one thousand dollars nor more than twenty-five thousand dollars, or be imprisoned with or without hard labor for not less than one year nor more than ten years, or both.

D.  Whoever violates Paragraph (6) of Subsection A of this Section shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.

E.  Nothing in this Section shall prohibit any of the following activities:

(1)  The use of dogs for hunting.

(2)  The use of dogs for management of livestock by the owner, his employees or agents, or any other person having lawful custody of livestock.

(3)  The training of dogs or the possession or use of equipment in the training of dogs for any purpose not prohibited by law.

(4)  The possessing or owning of dogs with ears cropped or otherwise surgically altered for cosmetic purposes.

Added by Acts 1982, No. 432, 1.  Acts 1984, No. 661, 1; Acts 1993, No. 1002, 1; Acts 2001, No. 547, 1; Acts 2001, No. 734, 1, eff. June 25, 2001.

 

102.6.  Seizure and destruction or disposition of dogs and equipment used in dogfighting

A.(1)  Any law enforcement officer making an arrest under R.S. 14:102.5 may lawfully take possession of all fighting dogs on the premises where the arrest is made or in the immediate possession or control of the person being arrested, whether or not the dogs are actually engaged in a fight at the time, and all paraphernalia, implements, equipment, or other property or things used or employed in violation of that Section.

(2)  The legislature finds and declares that fighting dogs used or employed in violation of R.S. 14:102.5 are dangerous, vicious, and a threat to the health and safety of the public.  Therefore, fighting dogs seized in accordance with this Section are declared to be contraband and, notwithstanding R.S. 14:102.1, the officer may cause them to be humanely euthanized as soon as possible by a licensed veterinarian or a qualified technician and shall not be civilly or criminally liable for so doing.  Fighting dogs not destroyed immediately shall be disposed of in accordance with R.S. 14:102.2.

B.(1)  The officer, after taking possession of any dogs other than those destroyed or disposed of pursuant to Subsection A and of the other paraphernalia, implements, equipment, or other property or things, shall file with the district court of the parish within which the alleged violation occurred an affidavit stating therein the name of the person charged, a description of the property so taken and the time and place of the taking thereof, together with the name of the person who claims to own such property, if known, and that the affiant has reason to believe and does believe, stating the ground of such belief, that the property so taken was used or employed in such violation.

(2)  The seizing officer shall dispose of any dogs or other animals seized in the manner provided for in R.S. 14:102.2.

(3)  He shall thereupon deliver the other property so taken to such court which shall, by order in writing, place such  paraphernalia, implements, equipment, or other property in the custody of a suitable custodian, to be kept by such custodian until the conviction or final discharge of the accused, and shall send a copy of such order without delay to the district attorney of the parish.  The custodian so named and designated in such order shall immediately thereupon assume the custody of such property and shall retain the same, subject to the order of the court before which the accused shall be required to appear for trial.

C.  Any person claiming an interest in a seized animal may post a bond with the court in accordance with the provisions of R.S. 14:102.2(C) in order to prevent the disposition of such animal.

D.  Upon conviction of the person so charged, all dogs so seized shall be adjudged by the court to be forfeited and the court shall order a humane disposition of the same in accordance with R.S. 14:102.2.  The court may also in its discretion order the forfeiture of the bond posted, as well as payment of any reasonable or additional costs incurred in the boarding or veterinary treatment of any seized dog, as provided in R.S. 14:102.2.  In the event of the acquittal or final discharge, without conviction, of the accused, the court shall, on demand, direct the delivery of the animals and other property so held in custody to the owner thereof and order the return of any bond posted pursuant to R.S. 14:102.2(C), less reasonable administrative costs.

Added by Acts 1982, No. 432, 1; Acts 1987, No. 590, 1; Acts 1993, No. 1002, 1; Acts 1997, No. 1212, 1.

 

102.7.  Search warrant for dogfighting offenses

If complaint is made, by affidavit, to any magistrate authorized to issue search warrants in criminal cases, that the complainant has reason to believe that R.S. 14:102.5 has been violated within the past forty-eight hours, is being, or will be violated in any building or place, such magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search warrant authorizing any law enforcement officer competent by law to make arrests for such offenses to make a search of said building or place, and to arrest any person found violating R.S. 14:102.5.  This Section shall not be construed as a limitation on the power of law enforcement officers to seize animals or evidence at the time of arrest.  

Added by Acts 1982, No. 432, 1.

 

102.8.  Injuring or killing of a police animal

A.  Injuring or killing of a police animal is the intentional infliction of great bodily harm, permanent disability, or death upon a police animal.

B.  As used in this Section:

(1)  "Police animal" means:

(a)  Any dog which is owned or the service of which is used by any state or local law enforcement agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of offenders.

(b)  Any dog which is owned or the service of which is used  by any public safety agency and which is trained in accordance with the standards of a national or regional search and rescue association to respond to instructions from its handler in the search for possibly deceased individuals and in the search and rescue of lost or missing individuals and which dog, together with its handler, is prepared to render search and rescue services at the request of a public safety agency.

(c)  Any horse which is used by a state or local law enforcement officer in the course of his official duty.

(2)  "Public safety agency" means any agency of the state or political subdivision of the state which provides or has authority to provide law enforcement, fire protection, emergency medical services, emergency preparedness services, or any other type of emergency services.

C.  It shall be an affirmative defense to a prosecution under this Section when the injuring or killing of a police animal is committed with the reasonable belief by one not involved in or being apprehended for the commission of any offense or by one taken into custody that:

(1)  He is in imminent danger of losing his life or receiving great bodily harm and that the injuring or killing is necessary to save himself from that danger.

(2)  Another person not involved in or being apprehended for the commission of any offense is in imminent danger of losing his life or receiving great bodily harm and that the injury or killing is necessary to save that person from that danger.

(3)  His animal or other property not involved in the commission of any offense or in the apprehension of any person for an offense is in imminent danger of being destroyed or receiving grave injury or damage that may result in its destruction.

D.(1)  Whoever commits the crime of injuring or killing of a police animal  shall be fined not less than two thousand five hundred dollars nor more than three thousand five hundred dollars, or imprisoned with or without hard labor for not less than one year nor more than three years, or both.

(2)  Upon a second or subsequent conviction, regardless of whether the second or subsequent offense occurred before or after the first conviction, the offender shall be fined not less than two thousand five hundred dollars and not more than three thousand five hundred dollars, or imprisoned with or without hard labor for not less than five years nor more than seven years, or both.

E.  In addition to the foregoing penalties, a person convicted under this Section may be ordered to make full restitution to the public safety agency suffering a financial loss from the injury or killing of a police animal.  If a person ordered to make restitution pursuant to this Section is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person's financial ability.

Acts 1984, No. 534, 1; Acts 1986, No. 997, 1, eff. July 16, 1986; Acts 1992, No. 921, 1; Acts 1994, 3rd Ex. Sess., No. 82, 1; Acts 1995, No. 208, 1; Acts 1997, No. 130, 1; Acts 2001, No. 213, 1.

 

102.9.  Interference with animal research; research laboratory or farm

A.  Interference with animal research is any of the following:

(1)  The unauthorized entry of any research laboratory or research farm with the intent of releasing or causing the release of any animal housed or kept within such research facility.  

(2)  The intentional or criminally negligent damaging of any research laboratory or research farm.  

(3)  The intentional or criminally negligent unauthorized release of any animal housed or kept within any research laboratory or research farm.

B.  Whoever commits the crime of interference with animal research shall, upon conviction, be fined not less than one thousand nor more than five thousand dollars and may be imprisoned, with or without hard labor, for not more than one year.  

Acts 1989, No. 784, 1.  

{{NOTE:  SEE ALSO R.S. 14:228.}}

 

102.10.  Bear wrestling; penalty

A.  Any person who intentionally commits any of the following shall be guilty of bear wrestling:

(1)  Promotes, engages in, or is employed by anyone who conducts a bear wrestling match.  

(2)  Receives money for the admission of another person to a place kept for bear wrestling matches.  

(3)  Sells, purchases, possesses, or trains a bear for a bear wrestling match.  

B.  For the purposes of this Section, a "bear wrestling match" means a match or contest between one or more persons and a bear for the purpose of fighting or engaging in a physical altercation.  

C.  Whoever commits the crime of bear wrestling shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.  

Acts 1992, No. 740, 1.  

 

102.12.  Definitions

As used in this Section and R.S. 14:102.13 through 102.18, the following definitions shall apply:

(1)  "Animal control agency" means the parish or local animal control agency.  If the municipality or parish does not have an animal control agency, it means whatever entity performs animal control functions.

(2)  "Impounded" means taken into the custody of the animal control agency or provider of animal control services to the municipality or parish where the dangerous or vicious dog is found.

(3)  "Secure enclosure" means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a dangerous dog in conjunction with other measures which may be taken by the owner of the dog.  The enclosure shall be designed in order to prevent the animal from escaping.

(4)  "Serious bodily injury" means bodily injury which involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.

Acts 2001, No. 823, 1; Acts 2003, No. 563, 1.

 

102.13.  Hearing to determine if dog is dangerous or vicious

A.  The district attorney, the sheriff, an animal control officer, or other designated representative, in the name of and on behalf of the parish and without the payment of any costs, shall be authorized to file a petition in the district court having jurisdiction requesting a hearing for the purpose of determining whether or not a dog should be declared  dangerous as defined in R.S. 14:102.14(A) or vicious as defined in R.S. 14:102.15(A).

B.  Upon the filing of the petition, the district judge shall immediately issue a rule on the owner of the dog to show cause why the dog should not be declared a dangerous or vicious dog.  This rule shall, at the time of its issuance, be fixed for hearing not later than five days, including Sundays, half-holidays and holidays, from the date of its issuance, and shall be heard by preference over all other matters and cases fixed for the same day and shall be heard continuously day after day until submitted for adjudication.

C.  Upon the showing made by the parties on the trial of the rule to show cause, the court shall determine whether the dog is a  dangerous dog or a vicious dog and may make other orders authorized by this Section.

D.  In every case where the dog is established to be a dangerous dog, the court shall enter an order declaring the dog to be a dangerous dog and shall direct the owner of the dog to comply with conditions established for the restraint and confinement of the dog as provided by law.

E.  In every case where the dog is established to be a vicious dog, the court shall enter an order declaring the dog to be a vicious dog and shall direct that the vicious dog be humanely euthanized.

F.  Any person who fails to restrain and confine a dangerous dog as ordered by the court shall be guilty of contempt and shall be fined not less than one hundred dollars nor more than five hundred dollars.

G.  The pleading and practice in all cases under this Section shall be in accordance with the Code of Civil Procedure and the laws and rules of court governing practice before the district courts of this state.

H.  The owner of the dog may appeal to the court of competent jurisdiction an order of the district court determining the dog to be  dangerous or vicious.  Such appeal shall be perfected within five calendar days from the rendition of the order and shall be made returnable to the appropriate appellate court in not more than fifteen calendar days from the rendition of the order.  The applicant for the determination may appeal to the court of competent jurisdiction for an order reversing the order of the district court.

I.  No dog shall be declared dangerous or vicious if at the hearing authorized by this Section evidence presented is sufficient to establish any of the following:

(1)  Any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a crime upon the property of the owner of the dog.

(2)  Any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was teasing, tormenting, abusing, or assaulting the dog.

(3)  Any injury or damage is sustained by a domestic animal which, at the time the injury or damage was sustained, was teasing, tormenting, abusing, or assaulting the dog.

(4)  If the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

(5)  If the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

J.  The owner of a dog determined to be a vicious dog may be prohibited by the court from owning, possessing, controlling, or having custody of any dog for a period of up to three years, when it is found, after proceedings conducted pursuant to this Section, that ownership or possession of a dog by that person would create a significant threat to the health, safety, or welfare of the public.

Acts 2001, No. 823, 1.

 

102.14.  Unlawful ownership of dangerous dog

A.  For the purposes of this Section "dangerous dog" means:

(1)  Any dog which when unprovoked, on two separate occasions within the prior thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner of the dog; or

(2)  Any dog which, when unprovoked, bites a person causing an injury; or

(3)  Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal off the property of the owner of the dog.

B.  It is unlawful for any person to own a dangerous dog without properly restraining or confining the dog.

C.  A dangerous dog, while on the owner's property, shall, at all times, be kept indoors, or in a secure enclosure.  A dangerous dog may be off the owner's property only if it is restrained by a leash which prevents its escape or access to other persons.

D.  The owner of a dog determined by the court to be dangerous shall post signs around the secure enclosure no more than thirty feet apart and at each normal point of ingress and egress.  The signs shall bear the words "Beware of Dog", or "Dangerous Dog" in letters at least three and one-half inches high and shall be so placed as to be readily visible to any person approaching the secure enclosure.

E.  If the dog in question dies, or is sold, transferred, or permanently removed from the municipality or parish where the owner  resides, the owner of a dangerous dog shall notify the animal control agency of the changed condition and new location of the dog in writing within two days.

F.  Whoever violates the provisions of this Section shall be fined not more than three hundred dollars.

G.  The provisions of this Section shall not apply to:

(1)  Any dog which is owned, or the service of which is employed, by any state or local law enforcement agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of offenders.

(2)  Any dog trained in accordance with the standards of a national or regional search and rescue association to respond to instructions from its handler in the search and rescue of lost or missing individuals and which dog, together with its handler, is prepared to render search and rescue services at the request of law enforcement.

Acts 2001, No. 823, 1.

 

102.15.  Unlawful ownership of a vicious dog

A.  For the purposes of this Section "vicious dog" means any dog which, when unprovoked, in an aggressive manner, inflicts serious bodily injury on or kills a human being and was previously determined to be a dangerous dog.

B.  It is unlawful for any person to own a vicious dog.

C.  Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

D.  The provisions of this Section shall not apply to:

(1)  Any dog which is owned, or the service of which is employed, by any state or local law enforcement agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of offenders.

(2)  Any dog trained in accordance with the standards of a national or regional search and rescue association to respond to instructions from its handler in the search and rescue of lost or missing individuals and which dog, together with its handler, is prepared to render search and rescue services at the request of law enforcement.

Acts 2001, No. 823, 1.

 

 

102.16.  Seizure and destruction or disposition of dangerous or vicious dogs

A.(1)  Any law enforcement officer making an arrest under R.S. 14:102.14 or R.S. 14:102.15 may lawfully take possession of all dogs on the premises where the arrest is made or in the immediate possession or control of the person being arrested.

(2)  The legislature finds and declares that dangerous or vicious dogs are a threat to the health and safety of the public.  Dogs seized in accordance with this Section are declared to be contraband, and the officer may cause them to be impounded pending the hearing held pursuant to R.S. 14:102.13.

B.  A dog determined to be a vicious dog by the court shall be humanely euthanized by the animal control agency, a licensed veterinarian, or a qualified technician.

C.  A dog determined by the court to be a dangerous dog may be humanely euthanized if it is determined that the dog poses an immediate threat to public health and safety.

D.  The owner of the dog shall be liable to the municipality or parish where the dog is impounded for the costs and expenses of keeping the dog if the dog is later adjudicated dangerous or vicious.

Acts 2001, No. 823, 1.

 

102.17. Registration of dangerous dogs; fees

A.  All dangerous dogs shall be properly licensed and vaccinated.  The licensing authority shall include the dangerous designation in the registration records of the dog, either after the owner of the dog has agreed to the designation or the court has determined the designation applies to the dog.

B.  The municipality or parish may charge a dangerous dog fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog.

Acts 2001, No. 823, 1.

 

102.18.  Seizure and disposition of dogs which cause death or inflict bodily injury

A.  Any law enforcement officer or animal control officer may seize any dog which when unprovoked, in an aggressive manner, causes the death of or inflicts bodily injury on a human being.  Any dog seized pursuant to the provisions of this Section may be impounded pending the outcome of the hearing held in accordance with this Section.

B.  The district attorney, the sheriff, an animal control officer, or other designated representative, in the name of and on behalf of the parish, and without the payment of any costs, shall be authorized to file a petition in the district court having jurisdiction requesting a hearing for the purpose of determining whether or not a dog which, when unprovoked, in an aggressive manner, causes the death of or inflicts bodily injury on a human being, shall be euthanized.

C.  The hearing shall be conducted in accordance with the procedure provided in R.S. 14:102.13.

D.  A dog determined by the court to have, when unprovoked, in an aggressive manner, caused the death of or inflicted bodily injury on a human being may be humanely euthanized by the animal control agency, a licensed veterinarian, or a qualified technician.

E.  The owner of the dog shall be liable to the municipality or parish where the dog is impounded for the costs and expenses of keeping the dog if the dog is later adjudicated to have, when unprovoked, in an aggressive manner, caused the death or inflicted bodily injury on a human being.

Acts 2003, No. 563, 1.

 

102.19.  Hog and canine fighting prohibited; penalties

A.  It shall be unlawful for any person to organize or conduct any commercial or private event, wherein there is a display of combat or fighting among one or more domestic or feral canines and feral or domestic hogs and in which it is intended or reasonably foreseeable that the canines or hogs would be injured, maimed, mutilated, or killed.

B.  It shall be unlawful for any person to intentionally do any of the following for the purpose of organizing, conducting, or financially or materially supporting any event as provided in Subsection A of this Section:

(1)  Finance, commercially advertise, sell admission tickets, or employ persons.

(2)  Own, manage, or operate any facility or property.

(3)  Supply, breed, train, or keep canines or hogs.

(4)  Knowingly purchase tickets of admission.

C.  The provisions of this Section shall not apply to any competitive event in which canines, which are trained for hunting or herding activities, are released in an open area or an enclosed area to locate and corner hogs, and in which competitive points are deducted if a hog is caught and held, unless by such actions it is reasonably foreseeable that the canines or hogs would be injured, maimed, mutilated, or killed.

D.  The provisions of this Section shall not apply to the lawful hunting of hogs with canines or the use of canines for the management, farming, or herding of hogs which are livestock or the private training of canines for the purposes enumerated in this Subsection provided that such training is conducted in the field and is not in violation of the provisions of Subsection A of this Section.

E.  The provisions of this Section shall not apply to "Uncle Earl's Hog Dog Trials", as defined in R.S. 49:170.10.

F.  Whoever violates the provisions of this Section shall be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.

G.  For the purposes of this Section:

(1)  "Hog" shall include a pig, swine, or boar.

(2)  "Person" means an individual, corporation, partnership, trust, firm, association or other legal entity.

Acts 2004, No. 111, 1.

 

102.20.  Sport killing of zoo or circus animals prohibited

A.  No person shall kill for sport an animal that is presently or was formerly a part of a zoo or circus.

B.  No zoo or circus shall provide, sell, or donate any animal for use in any business or activity wherein the animal may be intentionally killed for sport.

C.  No person shall knowingly transfer or conspire to transfer any animal from a zoo or circus to any business, person, or activity wherein the animal may be intentionally killed for sport.

D.  No business or person wherein an animal may be intentionally killed for sport shall purchase, accept as a donation, or receive any animal that was formerly a part of a zoo or circus.

E.  Whoever violates the provisions of this Section or rules and regulations promulgated pursuant thereto shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

Acts 2004, No. 891, 1.

 

102.22.  Harboring or concealing an animal which has bitten or inflicted serious bodily injury on a human

A.  Harboring or concealing an animal which has bitten or inflicted serious bodily injury on a human is committed when a person knows or has reason to know that an animal has bitten or inflicted serious bodily injury on a human and the person  intentionally harbors or conceals the animal from any law enforcement or animal control agency investigator or agent.

B.  For the purposes of this Section:

(1)  "Animal control agency" means the parish or local animal control agency.  If the municipality or parish does not have an animal control agency, it means the entity designated to perform animal control functions.

(2)  "Serious bodily injury" means bodily injury which involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.

C.  Whoever commits the crime of harboring or concealing an animal which has bitten or inflicted serious bodily injury on a human shall be fined not more than one thousand dollars or imprisoned with or without hard labor, for not more than two years, or both.

D.(1)  Any health care provider, as provided in R.S. 40:1299.41, who examines or treats any person who has been bitten by an animal or upon whom an animal has inflicted serious bodily injury shall report such bite or injury to the law enforcement or animal control agency for the location where the bite or injury occurred.  Such report shall be made immediately, if possible, and in any event shall be made within twenty-four hours.

(2)  The report shall include as much of the following information as is available:

(a)  The patient's name, date of birth, sex, and current home and work addresses.

(b)  The nature of the bite or injury that is the subject of the report.

(c)  Any information about the location of the biting animal and the name and address of any known owner.

(d)  The name and address of the health care provider.

Acts 2006, No. 788, 1.

 

102.23.  Cockfighting

A.  It shall be unlawful for any person to:

(1)  Organize or conduct any commercial or private cockfight wherein there is a display of combat or fighting among one or more domestic or feral chickens and in which it is intended or reasonably foreseeable that the chickens would be injured, maimed, mutilated, or killed; or

(2)  Possess, train, purchase, or sell any chicken with the intent that the chicken shall be engaged in an unlawful commercial or private cockfight as prohibited in Paragraph (1) of this Subsection.

B.  As used in this Section, the following words and phrases have the following meanings ascribed to them:

(1)  "Chicken" means any bird which is of the species Gallus gallus, whether domestic or feral.

(2)  "Cockfight" means a contest wherein chickens are set against one another with the intention that they engage in combat.

C.(1)  Whoever violates the provisions of this Section, on conviction of a first offense, shall be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.

(2)  On a conviction of a second offense, the offender shall be fined not less than seven hundred fifty dollars, nor more than two thousand dollars, or imprisoned, with or without hard labor, for not less than six months nor more than one year, or both. In addition to any other penalty imposed, on a conviction of a second offense, the offender shall be ordered to perform fifteen eight-hour days of court-approved community service.  The community service requirement shall not be suspended.

(3)  On a conviction of a third offense, the offender shall be fined not less than one thousand dollars, nor more than two thousand dollars, and shall be imprisoned, with or without hard labor, for not less than one year nor more than three years.  At least six months of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

Acts 2007, No. 425, 1, eff. Aug. 15, 2008.

 

107.1.  Ritualistic acts

A.(1)  The legislature hereby finds that this enactment is necessary for the immediate preservation of the public peace, health, morals, safety, and welfare and for the support of state government and its existing public institutions.  

(2)  The legislature further recognizes that:

(a)  The preamble to the Constitution of Louisiana affirmatively states "We, the people of Louisiana, grateful to Almighty God for the civil, political, economic, and religious liberties we enjoy, and desiring to protect individual rights to life, liberty, and property; afford opportunity for the fullest development of the individual; assure equality of rights; promote the health, safety, education, and welfare of the people; maintain a representative and orderly government; ensure domestic tranquility; provide for the common defense; and secure the blessings of freedom and justice to ourselves and our posterity, do ordain and establish this constitution."

(b)  The state, under its police power, may enact laws in order to promote public peace, health, morals, and safety.  

B.(1)  For purposes of this Subsection, "ritualistic acts" means those acts undertaken as part of a ceremony, rite, initiation, observance, performance, or practice that result in or are intended to result in:

(a)  The mutilation, dismemberment, torture, abuse, or sacrifice of animals.  

(b)  The ingestion of human or animal blood or human or animal waste.  

 (2)  The acts defined in this Subsection are hereby determined to be destructive of the peace, health, morals, and safety of the citizens of this state and are hereby prohibited.  

 (3)  Any person committing, attempting to commit, or conspiring with another to commit a ritualistic act may be sentenced to imprisonment for not more than five years or fined not more than five thousand dollars, or both.  

C.(1)  No person shall commit ritualistic mutilation, dismemberment, or torture of a human as part of a ceremony, rite, initiation, observance, performance, or practice.  

(2)  No person shall commit ritualistic sexual abuse of children or of physically or mentally disabled adults as part of a ceremony, rite, initiation, observance, performance, or practice.  

(3)  No person shall commit ritualistic psychological abuse of children or of physically or mentally disabled adults as part of a ceremony, rite, initiation, observance, performance, or practice.  

(4)  Any person who commits, attempts to commit, or conspires with another to commit a violation of this Subsection shall be sentenced to imprisonment for not less than five nor more than twenty-five years and may be fined not more than twenty-five thousand dollars.  

D.  Each violation that occurs under the provisions of this Section shall be considered a separate violation.  

E.  The provisions of this Section shall not be construed to apply to generally accepted agricultural or horticultural practices and specifically the branding or identification of livestock.  

F.  The provisions of this Section shall not be construed to apply to any state or federally approved, licensed, or funded research project.  

Acts 1989, No. 637, 1.  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

228.  Interference with animal research facilities or animal management facilities

A.  It shall be unlawful for any person:

(1)  To intentionally release, steal, or otherwise cause the loss of any animal from an animal research facility or an animal management facility.

(2)  To damage, vandalize, or steal any property from or on an animal research facility or an animal management facility.  

(3)  To obtain access to an animal research facility or an animal management facility by false pretenses for the purpose of performing acts described in Paragraphs (1) and (2) of this Subsection.  

(4)  To break and enter into any animal research facility or animal management facility with the intent to destroy, alter, duplicate, or obtain unauthorized possession of records, data, materials, equipment, or animals.

(5)  To enter or remain on an animal research facility or an animal management facility with the intent to commit an act prohibited in Paragraphs (1) and (2) of this Subsection.  

(6)  To knowingly obtain or exert unauthorized control, by theft or deception, over records, data, material, equipment, or animals of any animal research facility or animal management facility for the purpose of depriving the legal owner of an animal research facility or animal management facility of records, material, data, equipment, or animals or for the purpose of using, concealing, abandoning, or destroying such records, material, data, equipment, or animals.  

(7)  To possess or use records, material, data, equipment, or animals or in any way to copy or reproduce records or data of an animal research facility or animal management facility, knowing or reasonably believing such records, material, data, equipment, or animals to have been obtained by theft or deception or without authorization of that facility.  

B.(1)  "Animal research facility" as used herein means that portion of the premises of an accredited institution of higher learning located within the state that is engaged in legitimate scientific, medical, or veterinary medicine research involving the use of animals.  

(2)  "Animal management facility" as used herein means that portion of any vehicle, building, structure, or premises, where an animal is kept, handled, housed, exhibited, bred, or offered for sale, and any agricultural trade association properties.  Animal management facility also means that portion of any vehicle, building, structure, premises, property, or equipment used in the conduction of authorized wildlife management practices, including but not limited to the control of animals that damage property, natural resources, or human health and safety.  

C.  Whoever violates any provision of this Section shall be fined not more than five thousand dollars or imprisoned, with or without hard labor, for not more than one year, or both.  

Acts 1989, No. 644, 1; Acts 1990, No. 445, 1.  

{{NOTE:  SEE ALSO R.S. 14:102.9.}}

 

 

228.1.  Unauthorized release of certain animals, birds, or aquatic species

A.  It shall be unlawful for any person to intentionally and without permission, release any animal, bird, or aquatic species which has been lawfully confined for agriculture, science, research, commerce, public propagation, protective custody, or education.  

B.  Whoever violates the provisions of this Section shall be fined not more than one thousand dollars, imprisoned for not more than one year, or both.  

Acts 1990, No. 205, 2.  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Veterinarians

(R.S. 37:1511 R.S. 37:1515)

 

1511.  Legislative intent

This Chapter is an exercise of the police powers of the state to promote the public health, safety, and welfare by safeguarding the people of this state against incompetent, dishonest, or unprincipled practitioners of veterinary medicine.  It is hereby declared that the right to practice veterinary medicine is a privilege conferred by legislative grant to persons possessed of the personal and professional qualifications specified in this Chapter.  

Acts 1966, No. 35, 1, eff. July 1, 1967.

 

1512.  Short title

This Chapter shall be known as the Louisiana Veterinary Practice Law.  

Acts 1966, No. 35, 1, eff. July 1, 1967.  

 

1513.  Definitions

When used in this Chapter these words and phrases shall be defined as follows:

(1)  "Person" means any individual, firm, partnership, association, joint venture, cooperative and corporation, or any other group or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of such person.  

(2)  "Animal" means any animal other than man and includes fowl, birds, fish, and reptiles, wild or domestic, living or dead.  

(3)  "Veterinary medicine" includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine.  

(4)  "Practice of veterinary medicine" means:

(a)  to diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions; including the prescription or administration of any drug, medicine, biologic apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique, and the use of any manual or mechanical procedure for testing for pregnancy, or for correcting sterility, or infertility, or to render advice or recommendation with regard to any of the above.  

(b)  to represent, directly or indirectly, publicly or privately an ability and willingness to do any act described in Paragraph (a).  

(c)  to use any title, words, abbreviation, or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in Paragraph (a), except where such person is a veterinarian.  

(5)  "Veterinarian" means a person who has received a doctor's degree in veterinary medicine from a school of veterinary medicine.  

(6)  "Licensed veterinarian" means a person who is validly and currently licensed to practice veterinary medicine in this state.  

(7)  "School of veterinary medicine" means any veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association and approved by the board.  

(8)  "Board" means the Louisiana Board of Veterinary Medicine.  

Acts 1966, No. 35, 1, eff. July 1, 1967.

 

1514.  License requirement and exceptions

No person shall practice veterinary medicine in the state who is not a licensed veterinarian or the holder of a valid temporary permit issued by the board.  This Chapter shall not be construed to prohibit:

(1)  An employee of the federal, state, or local government performing his official duties.

(2)  A person who is a regular student in a veterinary school performing duties or actions assigned by his instructors, or working under the direct supervision of a licensed veterinarian during a school vacation period.

(3)  A person advising with respect to or performing acts that the board by rule has prescribed as accepted livestock management practices.  The following are hereby declared to be accepted livestock management practices and shall not require a license:

(a)  The collection of semen for quality evaluation of male equine or bovine species conducted for the purpose of processing or freezing of semen for use in artificial insemination.

(b)  The nonsurgical impregnation of farm animals with frozen embryos.

(c)  The practice of artificial insemination of farm animals.

(d)  The teaching in schools and short courses of artificial insemination techniques and pregnancy diagnosis by qualified employees of the National Association of Animal Breeder's Certified Semen Service Program.

(4)  A veterinarian regularly licensed in another state consulting with a licensed veterinarian in this state.

(5)  Any merchant or manufacturer selling, at his regular place of business, medicines, feed, appliances, or other products used in the prevention or treatment of animal diseases.

(6)  The owner of an animal and the owner's full-time regular employee caring for and treating the animal belonging to such owner, except where the ownership of the animal was transferred for purposes of circumventing this Chapter.

(7)  A member of the faculty of a veterinary school performing his regular functions, or a person lecturing, or giving instructions or demonstrations at a veterinary school or in connection with a continuing education course or seminar.

(8)  Any person selling or applying any pesticide, insecticide, or herbicide.

(9)  Any person engaging in bona fide scientific research which reasonably requires experimentation involving animals.

(10)  Registered equine dentists, as provided by Chapter 18-C of this Title, from performing duties authorized by the Louisiana Board of Veterinary Medicine.

Acts 1966, No. 35, 1, eff. July 1, 1967.  Acts 1984, No. 548, 1; Acts 1999, No. 980, 1, eff. July 9, 1999.

 

1515.  Board of Veterinary Medicine; terms; compensation; removal

A.(1)  There is created within the Department of Health and Hospitals a board to be known as the Louisiana Board of Veterinary Medicine which is subject to the provisions of R.S. 36:803.

(2)  The board shall be composed of five members appointed by the governor, each appointed for a term of five years or until his successor is appointed, except that, as provided by rule, the terms of the initial and subsequent members shall be staggered terms of five years.  Terms shall begin on August first and terminate on July thirtieth of the fifth year of the term.  Should the signing of an appointment by the governor be delayed for any reason, the term itself shall not be changed but shall begin on August first and end on July thirtieth.  The outgoing member shall remain on the board until such time as the incoming member's appointment has been effected.

(3)  Whenever a vacancy occurs under this Section, the State Veterinary Medical Association shall nominate three or more qualified persons for each vacancy and forward the nominations to the governor at least thirty days before the date set for the appointment.  The governor shall appoint one of the persons so nominated to fill the vacancy. Vacancies due to death, resignation, or removal shall be filled for the remainder of the unexpired term in the same manner as regular appointments.

(4)  No person shall serve two consecutive five-year terms, except that a person appointed for or serving a term of less than five years may succeed himself.

B.  A person shall be qualified to serve as a member of the board if he is a graduate of a veterinary school, a resident of this state, and has been licensed to practice veterinary medicine in this state for the five years immediately preceding the time of his appointment.  No person may serve on the board who is or was during the two years immediately preceding his appointment, a member of the faculty, trustee or advisory board of a veterinary school.

C.  Each member of the board shall be paid seventy-five dollars per day for each day or substantial portion thereof while he is engaged in the work of the board, and may be reimbursed for actual and reasonable expenses approved by the board in connection therewith, the provisions of R.S. 39:231 notwithstanding.

D.  Any member of the board may be removed by the governor after a hearing by the board to determine the cause for removal.

E.  The board shall meet at least once each year at the time and place fixed by rule of the board.  Other necessary meetings may be called by the president of the board by giving notice as may be required by rule.  Except as may otherwise be provided, a majority of the board constitutes a quorum.  Meetings shall be open to the public, except that the board may meet in closed session to prepare, approve, administer or grade examinations, or to deliberate the qualification of an applicant for license or the disposition of a proceeding to discipline a licensed veterinarian.

Acts 1966, No. 35, 1, eff. July 1, 1967.  Amended by Acts 1977, No. 684, 22; Acts 1986, No. 467, 1; Acts 1991, No. 376, 1; Acts 1995, No. 73, 1.

 

CERTIFIED ANIMAL

EUTHANASIA TECHNICIANS

(R.S. 37: 1551 R.S. 37:1558)

 

1551.  Legislative intent

It is the purpose of this Chapter to provide the most humane restraint, capture, and death possible for unwanted and discarded animals, including those animals which are diseased or otherwise dangerous, by providing for the training and certification of euthanasia technicians.

Acts 1987, No. 225, 1; Acts 1999, No. 1369, 1.

 

1552.  Definitions

As used in this Chapter, the following words have the meaning ascribed to them in this Section unless the context clearly indicates otherwise:

(1)  "Board" means the Louisiana Board of Veterinary Medicine.

(2)  "Certificate of approval" means a certificate issued by the Louisiana Board of Veterinary Medicine to a certified animal euthanasia technician.

(3)  "Certified animal euthanasia technician" or "CAET" means a person who is instructed in a board-approved program in the proper methods of humanely euthanizing animals by injecting legal drugs in accordance with rules adopted by the board, in proper security precautions, in proper recordkeeping, and related skills, and who has been issued a certificate of approval by the board.

(4)  "Lead CAET" means a CAET who is:

(a)  Designated in documents submitted to the board as the CAET at a designated site responsible for maintaining the security of those controlled substances in accordance with rules adopted by the board for the sole purpose of restraining, capturing, and euthanizing animals, including records relating to controlled substances and drugs, in accordance with applicable state and federal laws.

(b)  Licensed and in good standing with the state controlled dangerous substances program and registered and in good standing with the United States Drug Enforcement Administration.

(c)  Trained in a board-approved chemical capture training course.

(5)  "Sodium pentobarbital" means a compound prepared or purchased solely as an euthanasia solution at a minimum strength of six grains per milliliter.

Acts 1987, No. 225, 1; Acts 1995, No. 73, 1; Acts 1999, No. 1369, 1.

 

1553.  Application

In order to obtain a certificate of approval as a certified euthanasia technician the applicant shall comply with the following provisions:

(1)  The applicant shall submit an application to the board.

(2)  The applicant shall submit evidence of the applicant's good moral character.

(3)  The applicant shall submit evidence that he has no felony record involving controlled dangerous substances.

(4)  The applicant shall submit evidence that he:

(a)  Has obtained a high school diploma or its equivalent.

(b)  Has successfully completed a board-approved program in animal euthanasia, which shall include instruction in the proper methods of humanely euthanizing animals by injecting legal drugs in accordance with rules adopted by the board, in proper security precautions, in proper recordkeeping, and in related skills.

(5)  The applicant shall pay the fee established by the board.

(6)  The applicant shall submit any other information and proof that the board may require by rule.

Acts 1987, No. 225, 1; Acts 1995, No. 73, 1; Acts 1999, No. 1369, 1.

 

1554.  Discipline of CAETS

A.  After a hearing held in compliance with the Administrative Procedure Act, the board may deny, suspend, or revoke the certificate of approval held by any technician or impose any other penalty authorized by this Chapter, when it finds that the provisions of this Chapter or any of the rules and regulations adopted by the board are not being complied with or upon the grounds that the certified animal euthanasia technician has:

(1)  Failed to carry out his duties.

(2)  Abused the use of sodium pentobarbital or any controlled dangerous substance under state or federal law.

(3)  Sold or given sodium pentobarbital or any controlled dangerous substance under state or federal law for recreational use.

(4)  Stolen sodium pentobarbital or any controlled dangerous substance under state or federal law.

(5)  Become a user of sodium pentobarbital or any controlled dangerous substance under state or federal law.

(6)  Employed fraud, misrepresentation, or deception in obtaining a certificate of approval.

(7)  Been declared insane or incompetent by a court of law.

(8)  Been shown to suffer from chronic inebriation or habitual use of drugs.

(9)  Been convicted of or entered a plea of nolo contendere to a felony or other offense involving moral turpitude or controlled dangerous substances under state or federal law.

(10)  Performed duties of humanely restraining, capturing, or euthanizing animals in an incompetent or grossly negligent manner.

(11)  Performed acts of cruelty upon animals.

(12)  Violated rules of professional conduct as defined in regulations adopted by the board.

(13)  Employed fraud or dishonesty in connection with his practice as a certified animal euthanasia technician.

(14)  Abetted anyone in the foregoing activities.

B.  In cases of failure to pay the required fees, denial shall be automatic.  Any denial, suspension, or revocation shall be subject to review pursuant to the provisions of this Chapter.

Acts 1987, No. 225, 1; Acts 1995, No. 73, 1; Acts 1999, No. 1369, 1.

 

1555.  Certificates; validity, renewal

Each holder of a certificate of approval shall, on or before  September thirtieth of each and every year, pay to the treasury of the board an annual renewal fee as established by the board.  Holders of a certificate who fail to renew on or before that date may be assessed a late fee as established by the board.

Acts 1987, No. 225, 1; Acts 1995, No. 73, 1.

 

1556.  Duties

A.  The duties of a CAET shall include but are not limited to:

(1)  Preparing animals for euthanasia.

(2)  Carefully and accurately recording dosages and drug waste.

(3)  Maintaining the security of all controlled substances and drugs, including records relating to controlled dangerous substances and drugs in accordance with applicable state and federal laws.

(4)  Reporting to either the board or the Department of Health and Hospitals any infraction of this Chapter or rules and regulations adopted pursuant thereto or any misuse of drugs.

(5)  Humanely restraining, capturing, and euthanizing animals.

(6)  Disposing of the bodies in a manner in accordance with law.

(7)  Maintaining one's certificate in an active status.

(8)  Reporting to the board any change of address.

(9)  Providing to any board member or board representative a reply to a request within seven working days.

B.  The duties of a lead CAET shall include but are not limited to:

(1)  All duties prescribed for a CAET.

(2)  Ordering supplies and drugs.

(3)  Responsibility at the designated site for the proper maintenance and security of all those controlled substances prescribed in accordance with rules adopted by the board for the sole purpose of restraining, capturing, and euthanizing animals including records relating to controlled substances and drugs in accordance with applicable state and federal laws.

(4)  Providing chemical capture drugs, as provided in rules adopted by the board, only to persons who have completed a board-approved training course in the use of chemical capture drugs.

Acts 1987, No. 225, 1; Acts 1995, No. 73, 1; Acts 1999, No. 1369, 1.

 

1557.  Penalties

A.  When the board finds any certified animal euthanasia technician in violation of any of the grounds set forth in this Chapter, it may enter an order imposing one or more of the following penalties:

(1)  Denial of an application.

(2)  Revocation or suspension of certification.

(3)  Imposition of an administrative fine not to exceed one thousand dollars for each count or separate offense.

(4)  Issuance of a reprimand.

(5)  Placement of the certified euthanasia technician on probation for a period of time and subject to such conditions as the board may specify.

(6)  Restricting the authorized scope of practice.

B.  The board by rule shall provide for appeals of denials of applications.  The board shall impose other administrative penalties only on the basis of a ruling by the board pursuant to an adjudicatory hearing.

C.  In addition to any other disciplinary action or fines assessed by the board, the board may require the certified animal euthanasia technician to pay all costs of the board proceedings, including investigator, stenographer, secretary, and attorney fees and court costs.

Acts 1987, No. 225, 1; Acts 1995, No. 73, 1; Acts 1999, No. 1369, 1.

 

1558.  Powers of the board

The board shall have the power to:

(1)  Adopt, amend, repeal, and establish all rules necessary for its government and all regulations necessary to carry into effect the provisions of this Chapter.

(2)  Establish and publish annually a schedule of fees which shall be charged for the board-approved course, examinations, certificate of approval applications, original certificates of approval, renewal of certificates of approval, and delinquent certificate of approval renewals, which fees shall be based on the anticipated financial requirements of the board for annual operating expenses and which shall not exceed the following amounts:

(a)  Course fee not to exceed two hundred dollars.

(b)  Application fee not to exceed one hundred dollars.

(c)  Examination fee not to exceed one hundred dollars.

(d)  Original certificate of approval fee not to exceed one hundred fifty dollars.

(e)  Annual renewal of certificate of approval not to exceed one hundred dollars.

(f)  Late fee for delinquent certificate of approval renewals not to exceed one hundred dollars.

(g)  Temporary certificate of approval fee not to exceed one hundred dollars.

(3)  Adopt rules requiring a certified animal euthanasia technician to participate in a continuing education program, established and regulated by the board, as a condition of retaining his certificate.

Acts 1987, No. 225, 1; Acts 1999, No. 1369, 1.

 

 

 

 

 

 

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Last updated: 04/21/2010