54-767. Act; administration and enforcement; department; powers and duties; prohibited acts; rules and regulations.

The Anthrax Control Act shall be administered and enforced by the department. In administering and enforcing the act:

(1) The department may cooperate and may contract with any person, including any local, state, or national organizations, public or private, for the performance of activities required or authorized pursuant to the act;

(2) The department may employ all general powers provided in sections 54-701 to 54-705 and 54-742 to 54-753 in administering the act;

(3) For purposes of access for (a) inspections, (b) tests, including the taking of samples, (c) treatments, or (d) carrying out and enforcing quarantines, agents and employees of the department shall have the right to enter upon any premises where livestock that are infected with or are suspected to be infected with anthrax are located. It shall be unlawful for any person to interfere in any way with or obstruct an agent or employee of the department from entering upon such premises for the purposes stated in this subdivision or to interfere in any way with the department in such work;

(4) The department may delegate to appropriate personnel any of the responsibilities in this section for the proper administration of the act;

(5) The department may adopt and promulgate rules and regulations to aid in implementing the act. The rules and regulations may include, but are not limited to, establishing procedures for testing, vaccination, quarantine, cleaning and disinfection of affected premises, carcass disposal, designation of approved laboratories to confirm the presence of anthrax, submission of specimen samples, and diagnosis and confirmation of anthrax;

(6) The department may provide state funds to or on behalf of herd owners for certain activities or any portion thereof in connection with the implementation of the act if funds for any activities or any portion thereof have been appropriated and are available. The department may develop statewide priorities for the expenditure of state funds available for anthrax control activities; and

(7) Unless the Legislature appropriates funds to the department specifically for such purposes, the department shall not pay for (a) costs of gathering, confining, and restraining animals for vaccination or other anthrax control activities, (b) costs of providing necessary facilities and assistance, (c) indemnity for any animal destroyed as a result of being affected with anthrax, or (d) costs for carcass disposal and any disinfection or cleaning.

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