Arkansas Code
Subchapter 2 - Arkansas Livestock and Poultry Commission Programs
§ 2-40-210. Control and eradication of brucellosis

(a)
(1) Any bovine herd infected with or directly exposed to brucellosis shall be depopulated at the discretion of and subject to the rules of the Arkansas Livestock and Poultry Commission.
(2) The herd or herds shall be identified and destroyed within thirty (30) days of written order to the owner or owners.
(3)
(A) The owners will be notified by delivery of the order or by certified mail.
(B) One (1) extension of thirty (30) days, if presented in writing to the commission, will be considered in extenuating circumstances.


(b) The commission shall adopt appropriate rules concerning depopulation, negotiation, and hearing procedures.
(c)
(1) The State Veterinarian or his or her designated representative will negotiate with the owner through the use of available federal and state funds to depopulate brucellosis-infected or exposed bovine herds.
(2) If the State Veterinarian and the herd owner are unable to arrive at an agreement to depopulate infected or exposed bovine herds, the commission, on advice of the State Veterinarian and in public meeting, is authorized to issue a written order to depopulate a herd and to provide indemnification to the herd owner at the current established per-head rate, with such indemnification to be paid from federal and state funds available therefor.
(3)
(A) Should the herd owner desire, the commission will hear testimony by the owner and any witnesses he or she desires to present arguments as to why the herd or herds should not be depopulated.
(B) Following the hearing, the commission shall determine whether to affirm or repeal its order to depopulate.


(d) Any person or entity who violates the provisions of this section shall be subject to an administrative penalty.

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