Avian influenza found in South Carolina

Exactly! Does anyone know how it goes down when they show up to test a flock? Can owners buy time by demanding a warrant? Or do our Constitutional rights not apply in this case?

If you did have time, what good would it do?

If your birds have the disease, then trying to hide them or move them somewhere else would spread the disease further, making the problem worse. And if your birds do not have the disease, testing should show that, and your birds should be fine.

If you want to kill the birds yourself rather than having them cull the birds, you could ask-- they might let you.
 
Exactly! Does anyone know how it goes down when they show up to test a flock? Can owners buy time by demanding a warrant? Or do our Constitutional rights not apply in this case?
Depends on the State, but in general, States have broad discretion in their use of Police Powers to see to matters of public health - even more authority under our Constitution than does the National Government. Their own Constitutions and State statutes were generally written when modern testing was not yet imagined, leaving quarantines and cullings as the only effective way to prevent the spread of livestock diseases. And as the States were largely agricultural at the time most of those were written, they can seem quite draconian to modern sensibilities. The Policy choice (usually) was to destroy the few to protect the State's industry in cattle, poultry, whatever...

If you are in some way licensed by the State, or have voluntary participation in a program like NPIP, likely you have already waived a number of your legal protections - contracted them away in order to recieve the imprint of State approval - by agreeing to allow limited access to your property for purpose of testing.

Your county and municipal zoning may also allow only conditional possession of backyard poultry - again with the proviso that owners permit limited intrusion upon their property for purposes of inspecting the health of the flock.
 
Doubtful. If I were the inspector, I wouldn't...short of right then in front of me.

I think it would depend on their usual policy. If they expect to cull the flock at that instant, I agree with you. But if they expect to send someone else tomorrow to cull the flock, they would probably be willing to let you cull instead (possibly supervised or checked by them, to be sure it was done.)
 
I think it would depend on their usual policy. If they expect to cull the flock at that instant, I agree with you. But if they expect to send someone else tomorrow to cull the flock, they would probably be willing to let you cull instead (possibly supervised or checked by them, to be sure it was done.)
That raises a big question. If sending a crew later or letting the flock owner, what's to stop "re-homing"?
 
If you did have time, what good would it do?

If your birds have the disease, then trying to hide them or move them somewhere else would spread the disease further, making the problem worse. And if your birds do not have the disease, testing should show that, and your birds should be fine.

If you want to kill the birds yourself rather than having them cull the birds, you could ask-- they might let you.
Look at the mortality rate of layers that got H5N1 in Nigeria, it is 11%, no where near the 90-100% that the CDC cites. Plus the study looked at 153 infected farms which is a very large sampling.

"Mortality rates were 11.11% in commercial layers, 26.84% in pullets, 45.51% in cockerels, and 73.92% in broilers in a total of eighteen (18) states and the Federal Capital Territory Abuja."
https://www.hindawi.com/journals/isrn/2014/415418/

If a bird gets sick and recuperates they stop shedding the virus within 10 days (just like humans that had the flu, they are not infectious forever). In addition I believe the state often wants to cull entire flocks even if only 1 bird tests positive.

I have a small flock of old english game bantams that are pets. If they got sick there is a good chance they would survive/recuperate if given the chance and then be fine/clear within 10 days. They come from show stock so they have more natural resistance than production birds (because show breeders do not cull flocks over survivable diseases when given the choice).
 
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That raises a big question. If sending a crew later or letting the flock owner, what's to stop "re-homing"?
I agree, that would be a big question. I just don't know what they are actually doing. And they might be doing it differently for small flocks vs. big commercial ones. (I would expect the big commercial ones do need a special crew for the culling, but the owner is not likely to try "rehoming" them in the hours that takes to arrange.)
 

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