Title 4, Chapter 4, Section 95.1
( 4-4-95.1)
(a) As used in this Code section, the term: (1) "Cattle" or "cow" means bovine animals, such as cows, bulls,
steers, heifers, and bison. (2) "Person" means any individual, partnership, corporation,
association, or other entity. (b) It shall be unlawful for any person to transport or cause to be
transported into the State of Georgia any cattle: (1) Unless each cow is accompanied by a health certificate
containing such information and in such form as may be provided
for by rules and regulations of the Commissioner or unless each
such cow is listed on an accompanying waybill and is transported
directly to a federally approved or state approved slaughtering
establishment and is not allowed to come into contact with any
other cattle in this state until its arrival at such
establishment; (2) Which are infected with brucellosis, unless such cattle are
transported directly to a federally approved or state approved
slaughtering establishment and are not allowed to come into
contact with any other cattle in this state until their arrival at
such establishment or unless a permit has been issued by the
Commissioner allowing the importation or movement of such cattle
and all conditions of such permit are complied with by the person
transporting such cattle; or (3) Which originate from a quarantined herd or a quarantined area,
unless the Commissioner has issued a permit authorizing the
importation or movement of such cattle and all conditions of such
permit are complied with by the person transporting such cattle. (c) It shall be unlawful for any person to move any cattle within
this state in violation of any quarantine order imposed by the
Commissioner or to allow any cow which such person knows or, through
the use of reasonable inquiry, should know is from a quarantined
herd or area to come into contact with any other cattle, except as
authorized by a permit issued by the Commissioner or as authorized
in rules and regulations adopted by the Commissioner. (d)(1) Any person violating subsection (b) or (c) of this Code
section for the first time on or after July 1, 1985, shall be
guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine not to exceed $100.00 for each cow transported
or moved in violation of subsection (b) or (c) of this Code
section, or in lieu of prosecution such person may be issued a
warning by the Commissioner. (2) Any person violating subsection (b) or (c) of this Code
section for a second time on or after July 1, 1985, shall be
guilty of a misdemeanor of a high and aggravated nature. (3) Any person violating subsection (b) or (c) of this Code
section for a third or subsequent time on or after July 1, 1985,
shall be guilty of a felony and, upon conviction thereof, shall be
punished by a fine not to exceed $10,000.00 or imprisonment for
not less than one year nor more than three years, or both. (e) Any person who owns or has custody or control over any cattle
infected with brucellosis or which are known reactor animals to an
official brucellosis test shall segregate such cattle in such manner
that they cannot come into contact with other cattle or spread such
brucellosis infection to other cattle. Any person who fails to take
such action within 30 days following an order from the Commissioner
to do so shall be guilty of a misdemeanor and each day of continued
failure to comply with such order shall constitute a separate
offense. (f) Any person who removes, defaces, alters, or otherwise changes
any official permanent mark, brand, tattoo, tag, or other means of
identification on any cow for which a health certificate or permit
or official test has been issued or performed under this chapter or
the rules and regulations of the Commissioner or which has a known
brucellosis infection or is a known reactor animal to an official
brucellosis test shall be guilty of a felony and, upon conviction
thereof, shall be punished by a fine not to exceed $10,000.00 or by
imprisonment for not less than one year nor more than three years,
or both. (g) The Commissioner is authorized to adopt rules and regulations,
issue orders and permits, and impose quarantines when such actions
are authorized or required by federal or state law or are
appropriate to prevent the introduction or spread of brucellosis
into or within this state, any area thereof, or any cattle located
therein. (h) Any person who knowingly sells any cow within this state which
is infected with brucellosis or which such person knows or, through
the use of reasonable inquiry, should know is from a quarantined
herd or area and who sells such cow without disclosing such fact to
the purchaser, prior to the consummation of the sale, shall be
liable for all reasonable and foreseeable damages incurred by the
purchaser as a proximate result of the purchaser mixing such cow
with other cattle owned or under the control of the purchaser. |