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47-611. Quarantine and other regulations; notice of quarantine; proclamation by governor; enforcement; direction by governor; assistance of any state agency. (a) When the animal health commissioner determines that a quarantine and other regulations are necessary to prevent the spread among domestic animals of any contagious or infectious disease, the commissioner shall notify the governor of such determination, and the governor shall issue a proclamation announcing the boundary of such quarantine and the orders and rules and regulations prescribed by the commissioner. Such proclamation shall be published in the Kansas register, except that the commissioner, if the area affected by the quarantine is limited in extent, may dispense with the proclamation of the governor and give such notice as the commissioner shall deem sufficient to make the quarantine effective.

(b) Upon a determination by the governor that a quarantine or other regulations are necessary to prevent the spread among domestic animals of any contagious or infectious disease, the governor shall direct the commissioner to establish a quarantine pursuant to this section.

(c) The governor may require and direct the cooperation and assistance of any state agency in enforcing such quarantine or other regulations pursuant to subsection (a) or (b).

(d) The commissioner shall establish such quarantine immediately and shall give and enforce such directions, rules and regulations as to separating, isolating, handling and treating, feeding and caring for such diseased animals, animals exposed to the disease and animals within the quarantine which have not been immediately exposed, as the commissioner deems necessary to prevent those classes of animals from coming into contact with one another.

(e) The animal health commissioner or the commissioner's designee is hereby authorized and empowered to enter any grounds and premises to carry out the provisions of this act.

History: L. 1911, ch. 312, § 2; R.S. 1923, 47-611; L. 1981, ch. 324, § 15; L. 1989, ch. 156, § 17; L. 2001, ch. 163, § 1; L. 2012, ch. 140, § 37; July 1.

Source or prior law:

L. 1884, ch. 2, §§ 3, 6; L. 1895, ch. 352, § 2; L. 1905, ch. 495, §§ 4, 9.

CASE ANNOTATIONS

1. Importation of infected cattle; prescribed rules exclusive. The State v. Railway Co., 71 Kan. 613, 615, 81 P. 212.

2. Wrongfully quarantined; damages; when erroneous instructions not prejudicial. Moore v. Wilson, 95 Kan. 637, 638, 149 P. 739.

3. Cited; actual knowledge of quarantine order in lieu of official notice sufficient for conviction of violation (K.S.A. 47-624). State v. North Central Kansas Prod. Cred. Ass'n, 241 Kan. 818, 824, 740 P.2d 87 (1987).


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