2/14/2011
Local sheriffs or their designees have sole authority for animal cases under state law, and Commissioner of Agriculture Gus R. Douglass is unhappy that a weekend media report citing Greenbrier County Sheriff Jim Childers suggests otherwise.
“The Sunday edition of the Register-Herald newspaper indicated that the state veterinarian would not allow law enforcement on the property to care for the animals, which is 100 percent false,” said Commissioner Douglass. “As a result, we have been deluged with angry calls and e-mails questioning the West Virginia Department of Agriculture’s (WVDA) commitment to animal welfare. If anyone would care to check, the West Virginia State Code (WVC) – which is available in its entirety online – allows the commissioner of agriculture to quarantine a property only in cases of communicable animal disease.”
Since the carcasses of the animals had been removed over the weekend, the threat of disease was no longer present and the WVDA’s authority was no longer valid, he added.
WVC Chapter 19, Article 9, Section 1 outlines the commissioner of agriculture’s authority to enter private property and clearly states that authority may only be exercised in cases of communicable animal disease.
It says: “It shall be the duty of the commissioner, and he shall have authority:
- (a) To prevent, suppress, control and eradicate any communicable diseases of animals or poultry
- (f) To cause general or special quarantine of premises and of animals and poultry to be established and maintained;
- (g) To cause the disinfection of any premises;
- (h) To cause the destruction of diseased animals, when such animals are deemed diseased as a result of physical examination or an approved test, and of infected personal property, and to regulate and prohibit the moving or transportation of such animals or property from one place to another in this state.”
Furthermore, WVC Chapter 7, Article 10, Sections 1-2 clearly gives county sheriffs the full responsibility and authority to conduct investigations and prosecute individuals for cruel treatment of animals.
It says: “The sheriff of each county of this state shall annually designate … one of his or her deputies to act as humane officer of the county … any person designated to act as a humane officer and all peace officers designated by law as a humane officer or an additional humane officer shall investigate all complaints made to him or her of cruel or inhumane treatment of animals within the county and he or she shall personally see that the law relating to the prevention of cruelty to animals is enforced…. It is the duty of humane officers to prevent the perpetration or continuance of any act of cruelty upon any animal and to investigate and, upon probable cause, to cause the arrest and assist in the prosecution of any person engaging in such cruel and forbidden practices. Upon reasonable cause, and as provided by law, such officers have the right to access and inspection of records and property as may be reasonably necessary to any investigation.”
“It would have been a simple matter for the Register-Herald to verify the alleged statement by Sheriff Childers, rather than accept a second-hand account of a supposed order by a WVDA official. A different reporter had spoken with the Department’s communications officer the previous day and had his contact information. A simple call to his cell phone would have cleared up the matter,” said Commissioner Douglass.
“I fully understand people’s emotional reaction to this case and I remain committed to the humane treatment of farm animals, but the Department must honor the limited legal authority invested in it by the Legislature. To do otherwise would be a disservice to every citizen of our state, and I can only hope that people would have an appreciation for that fundamental tenet of our legal system.”
Contact Information
Gus R. Douglass
douglass@ag.state.wv.us