2018 Georgia Code Annotated

TITLE 4 ANIMALS

Chap.

• 1. General Provisions, 4-1-1 through 4-1-7.
• 2. Marks and Brands, 4-2-1 through 4-2-5.
• 3. Livestock Running at Large or Straying, 4-3-1 through 4-3-12.
• 4. Prevention and Control of Disease in Livestock, 4-4-1 through 4-4-181.
• 5. Disposal of Diseased, Disabled, or Dead Animals, 4-5-1 through 4-5-11.
• 6. Livestock Dealers and Auctions, 4-6-1 through 4-6-55.
• 7. Hatchery Operators and Dealers, 4-7-1 through 4-7-8.
• 8. Dogs, 4-8-1 through 4-8-45.
• 9. Biologicals Permits, 4-9-1 through 4-9-9.
• 10. Dealers in Exotic Birds and Pet Birds, 4-10-1 through 4-10-12.
• 11. Animal Protection, 4-11-1 through 4-11-35.
• 12. Injuries from Equine, Livestock, or Llama Activities, 4-12-1 through 4-12-7.
• 13. Humane Care for Equines, 4-13-1 through 4-13-10.
• 14. Sterilization of Dogs and Cats in Shelters, 4-14-1 through 4-14-5.
• 15. Dog and Cat Reproductive Sterilization Support, 4-15-1.

Chapter 1. General Provisions, 4-1-1 through 4-1-7.

• 4-1-1. Definitions.
• 4-1-2. State veterinarian - Qualifications; term of office; assistants.
• 4-1-3. State veterinarian - Duties generally.
• 4-1-4. Presumption as to livestock killed or injured by poisons.
• 4-1-5. Use, possession, delivery, or sale of hog cholera vaccine, serum, or virus.
• 4-1-6. Obstruction, interference, or hindrance of duties.
• 4-1-7. Investigation prior to charges of cruelty to animals in animal husbandry; "food animal" defined.

Chapter 2. Marks and Brands, 4-2-1 through 4-2-5.

• 4-2-1. Mark, brand, or tattoo registration - Certificates.
• 4-2-2. Mark, brand, or tattoo registration - Evidential value.
• 4-2-3. Mark, brand, or tattoo registration - Change.
• 4-2-4. Promulgation of rules and regulations.
• 4-2-5. Administration of chapter and rules and regulations.

Chapter 3. Livestock Running at Large or Straying, 4-3-1 through 4-3-12.

• 4-3-1. Legislative intent.
• 4-3-2. Definitions.
• 4-3-3. Permitting livestock to run at large or stray.
• 4-3-4. Impoundment of livestock running at large or straying.
• 4-3-5. Notice of impoundment and sale of livestock.
• 4-3-6. Redemption of livestock prior to sale.
• 4-3-7. Disposition of livestock not sold at auction.
• 4-3-8. Return and disposition of proceeds of sale.
• 4-3-9. Care of impounded animals; employment of guards, poundmasters, or other persons.
• 4-3-10. Fees for impounding, serving notice, care and feeding, advertising, and disposing of impounded animals.
• 4-3-11. County livestock pounds.
• 4-3-12. Permitting livestock to run at large or stray; releasing impounded livestock; penalty.

Chapter 4. Prevention and Control of Disease in Livestock, 4-4-1 through 4-4-181.

Article 1 Control of Infectious or Contagious Diseases in Livestock.

Part 1 GENERAL PROVISIONS.

• 4-4-1. Legislative intent.
• 4-4-1.1. "Livestock" defined.
• 4-4-2. Promulgation of rules and regulations.
• 4-4-2.1. Fees for services rendered to A.P.H.I.S. programs.
• 4-4-3. Injunctions.
• 4-4-4. Administrative hearings and penalties.
• 4-4-5. Reserved.
• 4-4-6. Penalty for introducing foreign animal disease; notice and reporting required for certain diseases; exception for bona fide research activities.

Part 2 FEEDING GARBAGE TO ANIMALS.

• 4-4-20. "Garbage" defined.
• 4-4-21. Feeding garbage to animals generally.
• 4-4-22. Feeding garbage to swine.
• 4-4-23. Licensing of garbage feeders.
• 4-4-24. Cancellation, suspension, or revocation of licenses.
• 4-4-25. Administrative remedies.
• 4-4-26. Penalty for violations of part or rules or regulations promulgated thereunder.

Part 3 RENDERING AND DISPOSAL PLANTS.

• 4-4-40. Definitions.
• 4-4-41. Licenses required; expiration; fee.
• 4-4-42. Revocation, cancellation, or suspension of licenses.
• 4-4-43. Rendering plant requirements.
• 4-4-44. Collection center requirements.
• 4-4-45. Inspections; maintenance of records; maintenance of vehicles.
• 4-4-46. Administrative remedies.
• 4-4-47. Funding of inspection system for slaughtering establishments unable to qualify for federal inspection; adoption of grading standards for use in inspections of such establishments.
• 4-4-48. Penalty for violations of part or rules or regulations promulgated thereunder.

Part 4 PREVENTING SPREAD OF LIVESTOCK DISEASES.

• 4-4-60. Extermination of parasites and development of livestock industry under supervision and control of Commissioner; employment of inspectors and veterinarians; public report.
• 4-4-61. Duties of livestock inspectors and supervising veterinarians generally.
• 4-4-62. Right of entry of inspectors.
• 4-4-63. Appointment of federal livestock inspectors as state livestock inspectors.
• 4-4-64. Establishment and maintenance of quarantine lines for protection of livestock generally.
• 4-4-65. Maintenance of quarantine along state borders to prevent introduction of parasites or diseases into state.
• 4-4-66. Movement of cattle infested with parasites.
• 4-4-67. Establishment of quarantines in areas in which livestock affected with or exposed to contagious or infectious disease; transportation of livestock within and from quarantined areas.
• 4-4-68. Employment of veterinary surgeon or expert.
• 4-4-69. Regulation of manufacture and use of disease vectors.
• 4-4-70. Conduct of programs to eradicate contagious or infectious diseases generally.
• 4-4-71. Cooperation of Commissioner with other officials in establishing quarantine lines.
• 4-4-72. Indemnification of owners of livestock destroyed in eradication of diseases.
• 4-4-73. Transfer of state funds to eradication programs for purposes of matching federal funds.
• 4-4-74. Penalty for violation of quarantine.
• 4-4-75. Interfering with Commissioner or livestock inspectors.
• 4-4-76. Importation of diseased livestock.

Part 5 LIVE POULTRY DEALERS, BROKERS, AND MARKET OPERATORS.

• 4-4-80. Definitions.
• 4-4-81. Infected or diseased poultry - Sale, auction, transfer, or movement; inspection; reports; diagnosis.
• 4-4-82. License requirement; records requirement; transportation equipment; disposal of dead poultry.
• 4-4-82.1. Limitation on slaughter of live poultry.
• 4-4-83. Quarantines; rules and regulations for disease control; confiscation, destruction, or disposal of diseased poultry, eggs, chicks, or stock.
• 4-4-84. Penalties.

Article 2 Bovine Diseases.

• 4-4-90. Purpose of article.
• 4-4-91. "Qualified veterinarians" defined.
• 4-4-92. Duty of Commissioner to eradicate tuberculosis; county appropriations; right of entry to test cattle; assistance by owners of cattle.
• 4-4-93. Notice to owners; testing; branding of infected cattle; slaughter.
• 4-4-94. Indemnification of owners.
• 4-4-95. Use or sale of veterinary tuberculin.
• 4-4-95.1. Transport of cattle; segregation of cattle with brucellosis; removal or alteration of cattle identification; rules and regulations; sale of infected cattle.
• 4-4-96. Applicability of article to anthrax and brucellosis.
• 4-4-96.1. Injunctions.
• 4-4-97. Penalty for violations of article.

Article 3 Equine Diseases.

• 4-4-110. Short title.
• 4-4-111. Definitions.
• 4-4-112. Sale, auction, transfer, or moving of equines.
• 4-4-113. Licensing and bonding requirements generally.
• 4-4-114. Suspension, cancellation, or revocation of licenses.
• 4-4-115. Inspections; maintenance of equines by persons to whom article applies.
• 4-4-116. Sales of equines to be in compliance with article, rules, and regulations.
• 4-4-117. Veterinary services at equine sales; fees.
• 4-4-118. Use of drugs, tranquilizers, and medications which result in misrepresentation in sale of equines.
• 4-4-119. Certification of health of animals transported into state.
• 4-4-120. Quarantines.
• 4-4-121. Eradication programs.
• 4-4-122. Indemnification for equines eradicated.
• 4-4-123. Establishment of compounds and research programs to control or eradicate equine infectious anemia.
• 4-4-124. Transfer of state funds for use in programs to eradicate contagious or infectious diseases; repayment of funds.
• 4-4-125. Promulgation of rules and regulations.
• 4-4-126. Injunctions.
• 4-4-127. Penalty for violations of article, rules, or regulations.

Article 4 Swine Mycobacteriosis Indemnification.

• 4-4-140. Short title.
• 4-4-141. Purpose of article.
• 4-4-142. Definitions.
• 4-4-143. Indemnification for condemned swine - Generally.
• 4-4-144. Indemnification for condemned swine - Proof of Georgia origin required.
• 4-4-145. Indemnification for condemned swine - Cooperation of person receiving payment required.
• 4-4-146. Indemnification for condemned swine - Release required.
• 4-4-147. Elimination of disease at farm of origin.
• 4-4-148. Promulgation of rules and regulations.
• 4-4-149. Cooperation among state and federal agencies.
• 4-4-150. Conduct of scientific research.
• 4-4-151. Injunctions.

Article 5 Deer Farming.

• 4-4-170. Purpose.
• 4-4-171. Definitions.
• 4-4-172. Deer-farming license; records; facilities.
• 4-4-173. Health and transportation requirements.
• 4-4-174. Escaped deer or cervid.
• 4-4-175. Compliance with departments.
• 4-4-176. Application.
• 4-4-177. Rules and regulations.
• 4-4-178. Injunctions.
• 4-4-179. Administrative hearings; penalty.
• 4-4-180. Release.
• 4-4-181. Penalty.

Chapter 5. Disposal of Diseased, Disabled, or Dead Animals, 4-5-1 through 4-5-11.

• 4-5-1. Short title.
• 4-5-2. "Dead animals" defined.
• 4-5-3. Abandonment of dead animals; requirements as to disposal generally; disposal in wells, open pits, or surface waters or on private or public property; disposal in city or county landfill.
• 4-5-4. Removal and disposition of dead animals within highway rights of way generally.
• 4-5-5. Methods of disposal of dead animals.
• 4-5-6. Destruction of diseased and disabled animals which have been abandoned.
• 4-5-7. Disposal of dead animals and waste material; approval by Commissioner.
• 4-5-8. Restriction upon transportation of dead animals or parts thereof into state.
• 4-5-9. Prohibition or restriction on transport of dead animals; permit issuance.
• 4-5-10. Promulgation of rules and regulations.
• 4-5-11. Penalty for violations of chapter or rules or regulations promulgated thereunder.

Chapter 6. Livestock Dealers and Auctions, 4-6-1 through 4-6-55.

Article 1 Livestock Dealers.

• 4-6-1. Definitions.
• 4-6-2. Sale, auction, transfer, or movement of infected livestock.
• 4-6-3. Licenses - Required; fee; term; surety requirement.
• 4-6-4. Licenses - Revocation, cancellation, or suspension.
• 4-6-5. Maintenance of records.
• 4-6-6. Quarantine of premises; promulgation of rules and regulations prescribing sanitary standards.
• 4-6-7. Rules and regulations - Promulgation and enforcement generally.
• 4-6-8. Rules and regulations - Administrative remedies of persons aggrieved by promulgation or enforcement.
• 4-6-9. Injunctions.
• 4-6-10. Penalty for violations of chapter or rules or regulations.
• 4-6-11. Liability of purchaser or seller of leased livestock to owner or lessor of livestock.
• 4-6-12. Publication of licensed dealers and livestock market operators.

Article 2 Custodial Accounts for Livestock Sellers.

• 4-6-20. Short title.
• 4-6-21. Maintenance of custodial accounts; deposits; commingling of funds.
• 4-6-22. Payments from custodial accounts.
• 4-6-23. Penalty for failure to deposit proceeds of sale in custodial account.

Article 3 Livestock Auctions.

• 4-6-40. Definitions [Repealed].
• 4-6-41. Administration of chapter; promulgation of rules and regulations [Repealed].
• 4-6-42. Surety bond - Generally.
• 4-6-43. Surety bond - Dealers generally.
• 4-6-44. Surety bond - Annual sales and purchases [Repealed].
• 4-6-45. Surety bond - Acceptance of insurance coverage as satisfaction of bonding requirements [Repealed].
• 4-6-46. Maintenance of records and accounts; inspections.
• 4-6-47. When payment for livestock purchased due; disposition of proceeds; methods of payment.
• 4-6-48. Report of dishonor of a check or draft issued in payment for livestock.
• 4-6-49. Annual reports of sales and purchases; proof of compliance with bonding requirements [Repealed].
• 4-6-49.1. Denial of licenses; Commissioner's right to require disclosures and examine records and accounts; dealers purchasing livestock for cash only; financial statement.
• 4-6-50. Livestock weighed at sales establishment; certified public weigher.
• 4-6-51. Isolation of employees of sales establishments during conduct of sale.
• 4-6-52. Special sales.
• 4-6-53. Injunctions [Repealed].
• 4-6-54. Use of persuader in loading or handling of livestock.
• 4-6-55. Penalty for violation of chapter or rules or regulations promulgated thereunder [Repealed].

Chapter 7. Hatchery Operators and Dealers, 4-7-1 through 4-7-8.

• 4-7-1. Designation of official state agency for administration of national improvement plans; participation by hatcheries and the like in national plans; state plan; use of certain words in advertising or offering of hatching eggs, chicks, poults, or breeding stock.
• 4-7-2. Pullorum disease control.
• 4-7-3. Licenses.
• 4-7-4. Reports of contagious diseases; inspection of premises.
• 4-7-5. Use of sulfaguanidine and sulfathiazole.
• 4-7-6. Shipments of hatching eggs, chicks, poults, poultry breeding stock, or birds of any species into state.
• 4-7-7. Effect of chapter on Commissioner's authority to control and eradicate livestock and poultry diseases.
• 4-7-8. Penalty for violations of chapter; disposal of hatching eggs or birds not in compliance with chapter.

Chapter 8. Dogs, 4-8-1 through 4-8-45.

Article 1 General Provisions.

• 4-8-1. Minimum standards for control of dogs.
• 4-8-1.1. Abandonment of dead dogs - Upon private property.
• 4-8-1.2. Classification of certain dogs as hunting dogs.
• 4-8-2. Abandonment of dead dogs - Upon public property or public right of way.
• 4-8-3. Abandonment of dogs.
• 4-8-4. Liability of owner or custodian for damages done to livestock, poultry, or pet animal by dog.
• 4-8-5. Cruelty to dogs; authorized killing of dogs.
• 4-8-6. Permitting dogs in heat to roam or run free.
• 4-8-6.1. Removal of certain collars from dogs; restitution; exemption.
• 4-8-7. Penalty for violations of article.

Article 2 Responsible Dog Ownership.

• 4-8-20. Short title.
• 4-8-21. Definitions.
• 4-8-22. Jurisdiction; designation of dog control officer; consolidation of services.
• 4-8-23. Investigations by dog control officer; notice to owner; hearings; determinations by hearing authority; judicial review.
• 4-8-24. Impoundment.
• 4-8-25. Court ordered euthanasia.
• 4-8-26. Euthanasia for dogs with repeat offenses.
• 4-8-27. Certificates of registration; requirements for issuance of certificate; individuals excluded from receiving registration; limitation of ownership; annual renewal.
• 4-8-28. Notifications by owner; change in ownership of dog; changes in residence.
• 4-8-29. Limitations on dog's presence off of owner's premises; penalty for violation; defense.
• 4-8-30. Confiscation by dog control officer; payment of costs for recovery; euthanasia.
• 4-8-31. Governmental liability for enforcement.
• 4-8-32. Penalty for violation.
• 4-8-33. Application and compliance.

Article 3 Vicious Dogs [Repealed].

• 4-8-40 through 4-8-45. [Repealed.]

Chapter 9. Biologicals Permits, 4-9-1 through 4-9-9.

• 4-9-1. Short title.
• 4-9-2. Definitions.
• 4-9-3. Permits - Application; issuance; exemptions; posting.
• 4-9-4. Permits - Transferability; effect of death of permittee.
• 4-9-5. Promulgation of rules and regulations; revocation or suspension of permits, licenses, and certificates.
• 4-9-6. Employment of field agents, clerical help, and other personnel.
• 4-9-7. Prohibited acts.
• 4-9-8. Seizure, destruction, and withholding from sale of adulterated, misbranded, or contaminated biologicals.
• 4-9-9. Injunctions.

Chapter 10. Dealers in Exotic Birds and Pet Birds, 4-10-1 through 4-10-12.

• 4-10-1. Short title.
• 4-10-2. Legislative findings.
• 4-10-3. Definitions.
• 4-10-4. License - Requirement.
• 4-10-5. License - Issuance; duration; renewal; fees.
• 4-10-6. Dealer's duty to maintain records; contents; periodic reports; failure to keep records as grounds for revocation of license; term of preservation.
• 4-10-7. Seizure, quarantine, and destruction of birds.
• 4-10-7.1. Importing birds detrimental to agriculture; list of birds; restrictions; permits; quarantine; violations.
• 4-10-7.2. Importing psittacine or exotic birds deemed potential carriers of disease; list of birds; restrictions; quarantine; violations.
• 4-10-7.3. Notice and reporting of certain animal diseases.
• 4-10-8. Rules and regulations.
• 4-10-9. Enforcement procedure.
• 4-10-10. Joint regulation by the Department of Agriculture and the Department of Public Health.
• 4-10-11. Construction of chapter.
• 4-10-12. Penalty.

Chapter 11. Animal Protection, 4-11-1 through 4-11-35.

Article 1 General Provisions.

• 4-11-1. Short title.
• 4-11-2. Definitions.
• 4-11-3. Licenses for pet dealers and kennel, stable, or animal shelter operators; requirement; issuance; application.
• 4-11-4. Display of licenses.
• 4-11-5. Licensing of bird dealers.
• 4-11-5.1. Euthanasia of dogs and cats by animal shelters or facilities operated for collection of stray, neglected, abandoned, or unwanted animals.
• 4-11-5.2. Microchip reader defined; contacting owner of microchipped pet.
• 4-11-6. Applicability of article to nonresidents; consent to jurisdiction; service.
• 4-11-7. Grounds for refusal to issue or renew or suspension or revocation of licenses.
• 4-11-8. Denial, suspension, or revocation of license for violation of article; applicability of "Georgia Administrative Procedure Act."
• 4-11-9. Inspections.
• 4-11-9.1. Quarantine of animal, premises, or any area by Commissioner.
• 4-11-9.2. Inspections; impoundment of animals; exceptions.
• 4-11-9.3. Caring for an impounded animal.
• 4-11-9.4. Notification of owner; custody of animal.
• 4-11-9.5. Failure to respond; right to hearing; care; crime exception.
• 4-11-9.6. Disposal of impounded animal.
• 4-11-9.7. Notice and reporting required for certain animal diseases.
• 4-11-9.8. Recoupment of expenses of impoundment; process.
• 4-11-10. Unlawful acts by licensed persons.
• 4-11-11. Shipment or importation of equines, poultry, livestock, or birds into state without official certificate of veterinary inspection.
• 4-11-12. Cooperation with federal government.
• 4-11-13. Animals raised, kept, or maintained for human consumption.
• 4-11-14. Rules and regulations.
• 4-11-15. Injunctions and restraining orders.
• 4-11-15.1. Abandonment of domesticated animal.
• 4-11-16. Penalties.
• 4-11-17. Filing a report regarding animal cruelty; immunity.
• 4-11-18. Article cumulative; does not prohibit enactment and enforcement of local ordinances by municipal or county governing authority.

Article 2 Georgia Farm Animal, Crop, and Research Facilities Protection Act.

• 4-11-30. Short title.
• 4-11-31. Definitions.
• 4-11-32. Prohibited acts; applicability.
• 4-11-33. Penalty for violation.
• 4-11-34. Powers and duties of Commissioner.
• 4-11-35. Attorneys' fees; injunctions; other rights arising out of or relating to violation of article.

Chapter 12. Injuries from Equine, Livestock, or Llama Activities, 4-12-1 through 4-12-7.

• 4-12-1. Legislative findings.
• 4-12-2. Definitions.
• 4-12-3. Immunity from liability for injury or death; exceptions.
• 4-12-4. Warning required; effect of failure to comply with notice requirement.
• 4-12-5. Warning signs or notices posted by llama activity sponsors or llama professionals.
• 4-12-6. Warning notices; impact of noncompliance.
• 4-12-7. Construction with other statutory provisions.

Chapter 13. Humane Care for Equines, 4-13-1 through 4-13-10.

• 4-13-1. Short title.
• 4-13-2. Definitions.
• 4-13-3. Prohibited acts.
• 4-13-4. Inspection warrants; impoundment authorized; examination.
• 4-13-5. Duty to care for impounded equines; lien; return to owner.
• 4-13-6. Notice of impoundment.
• 4-13-7. Disposal of equine by sale or euthanasia.
• 4-13-8. Injunctive relief.
• 4-13-9. Rules and regulations.
• 4-13-10. Penalty for violation of chapter.

Chapter 14. Sterilization of Dogs and Cats in Shelters, 4-14-1 through 4-14-5.

• 4-14-1. Legislative findings and policy.
• 4-14-2. Definitions.
• 4-14-3. Sterilization of dogs and cats required; exceptions; costs.
• 4-14-4. Penalty for noncompliance.
• 4-14-5. Adoption of stricter shelter policies.

Chapter 15. Dog and Cat Reproductive Sterilization Support, 4-15-1.

• 4-15-1. Support program established; annual report; contributions on tax returns.