Dr. L. R. Noyes, Executive Director

Livestock Sanitary Commissionof Texas 3320 West Seventh Fort Worth 7, Texas OpinionNo. ww-670
Re: Authority of the Livestock Sanitary Commission to quarantine hides from diseased animals to prevent transmission of disease,under Article 1525b,Vernon's Penal Dear Dr. Noyes: Code.

We quote from your letter relative to the above subject: "Recentlyan outbreak of anthrax occurred

among cattle, in feed pens, in the Rio Grande Valley. One of the animals that died was removed to a slaughteringplant; the carcassprepared for sale for human consumption,and the hide placed in the vat. Disposition of the carcasswas **made** by the StateDepartment of Health. "This Commissionquarantined the hide from the diseased animal, as well as contacthides, to prevent the disseminationof disease. "Otheranimals that died were moved to a renderingplant in the vicinity and tankage from the infected,as wellsas other dead animals,was processed and distributed to several individuals for feeing livestock. "Question1, Does this Commissionhave authority, under Section 5, or any other Section of 1525b Vernon's Annotated Penal Statutes, to quarantine hides from diseased animals, as well as contact hides at slaughteringestablishmentsand rendering plants, to prevent transmission of disease?_-

&-. L R. Noyes, page 2. (WW-670)

"Question2, May this'Commission quarantine renderingplants and require cleaning and disinfection,under supervisionof a representative of the Department? "Question3, Does this Commissionhave authority to require renderingplants to pick up and reprocess tankagewhich the Commissionhas reason to believe Is an agency for the transmission of disease?" The Texas Constitutiondeclares in Section 23 of Artlcle XVI: "The Legislaturemay pass laws for the regulation of live stock and the protection of stock raisers

. . .' The Legislaturehas authorityunder the State'spolice power to create the Livestock Sanitary Commissionand to empower it to establish,maintain and enforce quarantinesauthorized by law as it may deem necessary, as well as power to authorize the Commission to make reasonable rules and renulations to prevent the spread of contagiousdisease State, 83 Tex.Crim. 1, 201 S.W. 87Tex.Crim. 197, 220 S.W. 339 Mulkey v. Gandyv. State,

Section 1, Article 1525b,Vernon's Texas Penal Code, provides in part as follows:

"It shallbe the duty of the Live Stock Sanitary Commission

. . . to protect all cattle, horses, mules, asses, sheep, goats, hogs, and other live stock,and all domestic animals and domestic fowls of this State from infection, contagion or exposure to the infectious, contagious and communicablediseases enumerated in this Section, to-wit:

. . .anthrax

. . . **Said** Commission may at its discretionwhenever it is deemed necessary or advisable also to engage in the eradication and control of any disease of any kind or character that affects animals, live stock, fowls, or canines regardless of whether said diseases are infectious, contagiousor communirableand may establish necessary quarantines for saidpurpose. It shallbe the duty of the Commission

. . . to establish quarantineswithin the State of Texas on cattle,horses, mules, asses, sheep, goats, hogsDr.L. R. Noyes,page 3.

and other live stock,domestic animals and domestic fowls, also counties,districts, areas, premises, lands,pastures, lots, ranches, farms, fields, ranges, thoroughfares,buildings, barns, stables, stockyards pens and other places whenever said Commissionascertains that any of said diseases or the agency of transmission thereof exist in any of saidplaces or among any of said live stock,domestic animals or domestic fowls, or that any of saidplaces, live stock,domestic animals or domestic fowls are exposed to any of said diseases or to the terms or agency of transmission of any of said diseases. Said Commission shall adopt rules and regulations to be proclaimed by the Qovernor of the State of Texas for the purpose of carrying out and enforcing the provisions of this Act.
. . .' Section 2 of the Statute reads In part as follows: "Wheneverit is determined by Veterinarians in the employ of the Live Stock Sanitary Commiesion that any contagious, infectious or communicable disease exists among any live stock

. . . on any land or premises or other places, or that any live stock

. . .premises or otherplaces have been exposed or are exposed to the agency of transmission of any infectious, contagious or communicable disease, such exposure or infection shall be consideredas continuinguntil the Live Stock Sanitary Commissionhas eradicated the same through its prescribed methods under authority of law and of the rules and regulation: of the Live Stock Sanitary Commission.

. . . In Section 5 of the Statute, it is provided in part: "TheLive Stock Sanitary Commissionmay establish necessary quarantines for prohibiting or regulating the movement of any commodity or article

. . . that the said Commissionmay ascertain to be carriers of any of the diseases mentioned in this Act whenever any of said diseases or exposure thereto exist in the Nation, State, territory or area to be quarantined.

. . ." Clearly, the Livestock Sanitary Commission is authorized under the authorities cited above to quarantine slaught-' ering establishments,renderingplants, tankage and hides fromDr. L. R. Noyes, page 4. (~~-670)

diseased cattle,as well as hides which come In contactwith such hides at slaughteringestablishmentsand renderingplants. This assumea, of course, that the Commissionhas first made a valid determinationthat such articles and places are infected with anthrax or have been exposed to such Infection or the agency of its transmission.

It is also apparent from the foregoingauthorities that the Commissionmay require disinfectionunder supervision of a representative of the Commission. But, by "require"we mean no more than that the Commissionmay condition the removal of the quarantineupon such disinfection. That such disinfection is to be by or under the supervisionof a representative of the Commission is seen from the portion of Section 2 quoted above wherein exposure or infection of a place is said to be consideredas continuing "until the Live Stock Sanitary Commission has eradicated the same." Also, the same Sectionprovides, "In the trial of any case Involving the complianceor non-compliance

. . .with any provision of law requiring

. . .disinfecting

. . . it shallnot be permissible to prove that the samewas done by anyone except an authorizedrepresentative of said Commission.

. . .'

However, the Commissiondoes not, in our opinion, have authority to require renderingplants to pick up infected tankage. To subjecta business to quarantineuntil its premises are decontaminated Is one thing and to require it to disinfect someone else'spremises by retrieving an infectedproduct is another. We find no statutoryauthorization for requiring the latter.
In Article 1525b,Vernon's Texas Penal Code, the Commission is chargedwith the duty to "protect"domestic animals from anthrax and to engage in its "eradicationand control." However, holding that the Commission thus acquired power to make a rule and regulation requiring a business to pick up its products based on this broad statementof general duty would run afoul of the constitutional inhibitionagainst the delegation of legislativeauthoritywithout settingdefinite guides or standards. Tex. Con&., Art. III, Sec. 1; Williams v. State, 146 Tex. Crlm. 430, 176 S.W.2d 177 (1943); 3 Tex.Jur.Supp. rConst. Law, Sec. 68.

According to Section 1 of the Statute, the rules and regulations,,made

by the Commissionare to "carryout" and "enforce" the provisions" of the Act. The "provisions"of the Act only permit disinfectionby the Commissionand quarantine of the article or place until disinfectionhas occurred. TheDr. L. R. Noyes, page 5; (w-670)

remedy afforded the Commissionagainstpersons who move infected products is by quarantine and criminalprosecution for moving the article in violation of the quarantineand laws requiring persons to destroy the carcass of a diseased animal. Compelling repossession of infected articles Is nowhere authorized in the statutes,either expressly or by implication.

Whether reprocessing tankage ia a reasonable and proper means of disinfecting the tankage and the premiseswhere it is located is a fact question. But, if this reprocessing is necessary to remove the infection, there is no doubt that under Article 1525b,Vernon's Texas Penal Code, suchmay be required to be done under the supervisionof a representative of the Commissionas a prerequisite to the removal of a quarantine on the tankage or place.

Accordingly, questions 1 and 2 are answered in the affirmative,and question 3 is answered in the negative.

SUMMARY

The Livestock Sanitary CommiasLon has authority to quarantinehides, tankage, renderingplants and slaughteringestablishments,as well as to requlre disinfection of such articles and places under the supervisionof a representative of the Commissionwhere the Commisslon has made a valid determination that said articles and places are infectedwith anthrax or have been exposed to such InfectIon or the agency of its transmission. Reprocessing of such tankage may be required to be made under the supervision of a representative of the Commission If such reprocessing is necessary to such disinfection..- - .

Dr. L. R. Noyes, page 6. (~~-670

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But, the Commission orized to require a is not authrenderingplant to retrieveproductswhich have left the plant.

HGB:mfh:zt Yours very truly,
WILL WILSON Attorney General of Texas

APPROVED:
OPINION COMMITTEE Geo. P. Blackburn, Chairman
J. Arthur Sandlin
Jot Hodges, Jr. Marvin H. Brown, Jr.

REVIEWED FOR THE ATTORNEY GENERAL 5BY: W. V. Geppert