Section 03.05.011. Powers of commissioner of environmental conservation.

   (a) To carry out the requirements of this title relating to animals or animal products over which the department has jurisdiction, the commissioner may
        (1) issue orders or permits relating to or authorizing the examination, inspection, testing, quarantine, or embargo of animals or animal products, or premises containing or having contained animals or animal products, in order to prevent the spread of pests or contagious or infectious disease;
        (2) conduct tests, analyses, and hearings to determine whether to issue an order or permit relating to animals or animal products under this section;
        (3) cooperate with federal, state, municipal, and other governmental agencies regarding powers and duties under this section;
        (4) issue orders or permits relating to or authorizing the custody, care, or destruction of animals or animal products to prevent the spread of pests or contagious or infectious disease;
        (5) designate points of entry for the admission of animals or animal products into the state; and
        (6) issue orders or permits relating to, or authorizing the examination, testing, or care of, animals or animal products to be transported into, within, or from this state, in order
             (A) to prevent the spread of pests or contagious or infectious disease; or
             (B) to promote safe or sanitary conditions for the animals or animal products to be transported.
   (b) The commissioner may
        (1) adopt a schedule of fees or charges, and credit provisions, for services related to animals and animal products rendered by state veterinarians to farmers and others at their request, and all the receipts from the fees and charges shall be transmitted to the commissioner for deposit in the state treasury;
        (2) designate individuals, independently or in cooperation with federal, state, municipal, or other governmental agencies, to carry out and enforce, under the direction of the state veterinarian, the requirements of this title relating to animals or animal products over which the department has jurisdiction;
        (3) enter into agreements with the federal government for controlling disease among animals and match federal payments for animals destroyed under those agreements from any appropriation available for this purpose;
        (4) pay an owner of an animal destroyed under this section an amount from any appropriation available for this purpose; and
        (5) adopt regulations under AS 44.62 (Administrative Procedure Act) to implement and interpret this section; when adopting regulations under this paragraph, the commissioner shall give substantial weight to the typical practices and standards in the state and in the United States of the industry for which the regulations are designed.
   (c) Before taking custody of or destroying an animal or animal product under (a)(4) of this section, or imposing a quarantine, placing an embargo, or taking another action under this section that deprives a person of an animal or animal product, the department shall provide for notice and an opportunity to be heard to the owner or person in possession of the animal or animal product, unless the commissioner determines there is an immediate threat to the health or safety of an animal or the public.
   (d) Nothing in this section affects the authority of another agency of this state.
   (e) In this section,
        (1) "commissioner" means the commissioner of environmental conservation;
        (2) "department" means the Department of Environmental Conservation.

Authorities

3.05.090

Notes

Recent Bills that will modify this

HB 133 REGULATION OF MARIJUANA BUSINESSES; BOARD
SB 62 REGULATION OF MARIJUANA BUSINESSES; BOARD

Implemented As

18 AAC 31.900
18 AAC 31.910
18 AAC 31.985
18 AAC 31.990
18 AAC 32.010
18 AAC 32.020
18 AAC 32.030
18 AAC 32.210
18 AAC 32.215
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18 AAC 32.270
18 AAC 32.275
18 AAC 32.280
18 AAC 32.285
18 AAC 32.600
18 AAC 32.601
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18 AAC 32.610
18 AAC 32.615
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18 AAC 32.630
18 AAC 32.635
18 AAC 32.640
18 AAC 32.645
18 AAC 32.650
18 AAC 32.655
18 AAC 32.660
18 AAC 32.665
18 AAC 32.670
18 AAC 32.675
18 AAC 32.680
18 AAC 32.685
18 AAC 32.690
18 AAC 32.693
18 AAC 32.695
18 AAC 32.699
18 AAC 32.900
18 AAC 32.910
18 AAC 32.925
18 AAC 32.990
18 AAC 36.915

References

AS 3.05.090 .090">Sec. 03.05.090. Penalties for violations.

History

(Sec. 33-1-2 ACLA 1949; am Sec. 1 ch 46 SLA 1960; am Sec. 1 ch 82 SLA 1974; am Sec. 3, 4 ch 138 SLA 1974; am Sec. 1 ch 58 SLA 1978; am E.O. No. 51, Sec. 2 (1981); am Sec. 1 ch 57 SLA 1982; am Sec. 1 ch 23 SLA 1983; am Sec. 2 ch 88 SLA 1987; am Sec. 3 ch 145 SLA 1988; am Sec. 1 ch 48 SLA 1995; am Sec. 1, 26 ch 72 SLA 1998; am Sec. 1 ch 59 SLA 2006)