3-1336. Inspection of livestock to be slaughtered, sold or transported; fee; violation; classification

A. Except as otherwise provided in this section, livestock, other than equines, swine and livestock inspected by movers of livestock or at feedlots or dairies pursuant to section 3-1337, shall not be slaughtered, sold, purchased, driven, transported, shipped or conveyed unless the animals have been inspected by a livestock officer or inspector for health, brands and marks before they are slaughtered, sold, purchased, driven, transported, shipped or conveyed and the inspection fee has been paid.

B. The owner or agent of the owner of the livestock to be slaughtered, sold, driven, transported, shipped or conveyed as provided in subsection A of this section shall notify the nearest livestock officer or inspector of that intention.

C. Equines consigned to either licensed Arizona livestock auctions or other special auctions approved by the department from out of state or from Indian reservations in this state or from other state or federal agencies without prior inspection shall be inspected on delivery at an auction.

D. All livestock other than equines sold at auctions shall be inspected out on an inspection certificate or auction invoice validated by the department.

E. The owner or producer of livestock excluding equines may slaughter or transport to another person to slaughter that livestock without having the animal inspected and without paying the inspection fee or service charge if the meat of the slaughtered livestock is solely for home consumption by the owner and if the owner contacts a livestock officer or inspector within a forty-eight-hour period before the slaughter and is able to establish proof of ownership either by a prior inspection certificate or by a recorded brand on the animal or proof that the animal was raised by said owner, and the hide is inspected as provided for in section 3-2011. If proof of ownership cannot be established to the satisfaction of the livestock officer or inspector, the livestock officer or inspector may require an inspection before the slaughter.

F. The associate director may waive an inspection for brands and marks before the slaughter of an animal if a federal or state meat inspector on the premises certifies on a form provided by the department that, as determined by an antemortem inspection, the animal is in a distressed condition and for humane reasons should be slaughtered immediately if it is otherwise fit for slaughter and if the hide, carcass and certification are segregated and held pending inspection for brands and marks. The associate director may waive inspections under this subsection only for individual animals, and a separate certification shall be made for each animal.

G. Livestock officers or inspectors shall not inspect livestock for health before they are slaughtered at an establishment that is subject to federal meat inspections as provided under chapter 13 of this title.

H. A person violating any provision of this section is guilty of a class 3 misdemeanor.

I. If a federal governmental entity seizes any privately owned animals subject to brand inspection pursuant to this chapter, the department or its authorized inspector shall not issue brand inspection certificates or permits to remove the animals or for the transfer of ownership of the animals by sale or otherwise unless one of the following occurs:

1. The department receives consent from the owner.

2. The owner is unknown.

3. Before the seizure, the federal governmental entity obtains approval for the seizure from a court of competent jurisdiction and submits a copy of the order approving the seizure to the department or its authorized inspector.

J. This section does not apply to:

1. A feral animal.

2. Wild free-roaming horses and burros, as defined in 16 United States Code section 1332.

3. A stray animal.

4. An animal that is seized by a governmental entity to protect the health and safety of the public or to prevent cruelty to the animal.