HR 5096 — Healthy Poultry Assistance and Indemnification Act

(a) In general The Secretary may hold, seize, quarantine, treat, destroy, dispose of, or take other remedial action with respect to— (1) any animal or progeny of any animal, article, or means of conveyance that— (A) is moving or has been moved in interstate commerce or has been imported and entered; and (B) the Secretary has reason to believe may carry, may have carried, or may have been affected with or exposed to any pest or disease of livestock at the time of movement or that is otherwise in violation of this chapter; (2) any animal or progeny of any animal, article, or means of conveyance that is moving or is being handled, or has moved or has been handled, in interstate commerce in violation of this chapter; (3) any animal or progeny of any animal, article, or means of conveyance that has been imported, and is moving or is being handled or has moved or has been handled, in violation of this chapter; or (4) any animal or progeny of any animal, article, or means of conveyance that the Secretary finds is not being maintained, or has not been maintained, in accordance with any post-importation quarantine, post-importation condition, post-movement quarantine, or post-movement condition in accordance with this chapter. (b) Extraordinary emergencies (1) In general Subject to paragraph (2), if the Secretary determines that an extraordinary emergency exists because of the presence in the United States of a pest or disease of livestock and that the presence of the pest or disease threatens the livestock of the United States, the Secretary may— (A) hold, seize, treat, apply other remedial actions to, destroy (including preventative slaughter), or otherwise dispose of, any animal, article, facility, or means of conveyance if the Secretary determines the action is necessary to prevent the dissemination of the pest or disease; and (B) prohibit or restrict the movement or use within a State, or any portion of a State of any animal or article, means of conveyance, or facility if the Secretary determines that the prohibition or restriction is necessary to prevent the dissemination of the pest or disease. (2) State action (A) In general The Secretary may take action in a State under this subsection only on finding that measures being taken by the State are inadequate to control or eradicate the pest or disease, after review and consultation with— “(i)  1 the Governor or an appropriate animal health official of the State; or “(ii)  1 in the case of any animal, article, facility, or means of conveyance under the jurisdiction of an Indian tribe, the head of the Indian tribe. (B) Notice Subject to subparagraph (C), before any action is taken in a State under subparagraph (A), the Secretary shall— (i) notify the Governor, an appropriate animal health official of the State, or head of the Indian tribe of the proposed action; (ii) issue a public announcement of the proposed action; and (iii) publish in the Federal Register— (I) the findings of the Secretary; (II) a description of the proposed action; and (III) a statement of the reasons for the proposed action. (C) Notice after action If it is not practicable to publish in the Federal Register the information required under subparagraph (B)(iii) before taking action under subparagraph (A), the Secretary shall publish the information as soon as practicable, but not later than 10 business days, after commencement of the action. (c) Quarantine, disposal, or other remedial action (1) In general The Secretary, in writing, may order the owner of any animal, article, facility, or means of conveyance referred to in subsection (a) or (b) to maintain in quarantine, dispose of, or take other remedial action with respect to the animal, article, facility, or means of conveyance, in a manner determined by the Secretary. (2) Failure to comply with orders If the owner fails to comply with the order of the Secretary, the Secretary may— (A) seize, quarantine, dispose of, or take other remedial action with respe...