(1)(a) The department shall investigate and may quarantine any reported case of contagious or infectious disease, or any epidemic or poisoning, affecting a domestic animal or an animal that the department believes may jeopardize the health of animals within the state. (b) The department shall make a prompt and thorough examination of all circumstances surrounding the disease, epidemic, or poisoning and may order quarantine, care, or any necessary remedies. (c) The department may also order immunization or testing and sanitary measures to prevent the spread of disease. (d) An investigation involving fish or wildlife shall be conducted under a cooperative agreement with the Division of Wildlife Resources. (2)(a) If the owner or person in possession of such an animal, after written notice from the department, fails to take the action ordered, the commissioner is authorized to seize and hold the animal and take action necessary to prevent the spread of disease, including immunization, testing, dipping, or spraying. (b) An animal seized for testing or treatment under this section may be sold by the commissioner at public sale to reimburse the department for all costs incurred in the seizure, testing, treatment, maintenance, and sale of the animal unless the owner, before the sale, tenders payment for the costs incurred by the department. (c)(i) No seized animal shall be sold until the owner or person in possession of the animal is served with a notice specifying the itemized costs incurred by the department, the time, place, and purpose of sale, and the number of animals to be sold. (ii) The notice shall be served at least three days in advance of sale in the manner: (A) prescribed for personal service in Rule 4(d)(1), Utah Rules of Civil Procedure(,) or (B) if the owner cannot be found after due diligence, prescribed for service by publication in Rule 4(d)(4), Utah Rules of Civil Procedure. (3)(a) Any amount realized from the sale of the animal over the total charges shall be paid to the owner of the animal if the owner is known or can by reasonable diligence be found. (b) If the owner is unknown and cannot be found by reasonable diligence, as described in Subsection (3)(a), the excess shall remain in the General Fund. (c) If the total cost incurred is greater than the amount realized, the owner shall pay the difference.; As used in this title: (3) “Commissioner” means the commissioner of agriculture and food. (4) “Department” means the Department of Agriculture and Food created in Chapter 2, Department--State Chemist--Enforcement.; Whenever rabies or any other animal disease dangerous to the health of human beings is reported, the department shall investigate to determine whether such disease exists, and the probable area of the state in which man or beast is thereby endangered. If the department finds that such disease exists, a quarantine may be declared against all animals designated in the quarantine order and within the area specified in the order. If the quarantine is for the purpose of preventing the spread of rabies or hydrophobia, the order shall contain a warning to the owners of dogs within the quarantined area to confine or muzzle all dogs to prevent biting. Any dog not muzzled found running at large in a quarantined area or any dog known to have been removed from or escaped from such area, may be killed by any person without liability therefor.; Subject to additional definitions contained in the chapters of this title which are applicable to specific chapters, as used in this title: (1) “Council” means the Utah Health Advisory Council. (2) “Department” means the Department of Health created in Section 26-1-4. (3) “Executive director” means the executive director of the department appointed pursuant to Section 26-1-8.;
Citation: U.C.A. 1953 § 4-31-115; U.C.A. 1953 § 4-1-109; U.C.A. 1953 § 26-6-11; U.C.A. 1953 § 26-1-2;