§ 5549. Assault with a biological agent on animal, fowl or honey bees.
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§ 5549. Assault with a biological agent on animal, fowl or honey bees.
(a)Offense defined.-- A person commits a felony of the second degree if the person intentionally, knowingly or maliciously exposes or causes to be exposed an animal, fowl or honey bees to a virus, bacteria, prion or other agent which causes infectious disease, including any of the following:
(1)Foot-and-mouth disease.
(2)Bovine spongiform encephalopathy (BSE), commonly known as mad cow disease.
(3)Avian influenza.
(4)Varroa mite.
(b)Restitution.-- The person convicted of violating this section shall, in addition to any other sentence imposed, be sentenced to pay the owner of the afflicted animal, fowl or honey bees restitution in an amount equal to the cost of the financial damages incurred as a result of the offense, including the following:
(1)Value of afflicted animal, fowl or honey bees.
(2)Disposal of afflicted animal, fowl or honey bees.
(3)Testing for disease on existing animal.
(4)Cleanup and sanitization of property and buildings on and in which afflicted animals, fowl or honey bees were located.
(5)Liability insurance for cleanup and sanitization workers.
(6)Soil testing of property.
(7)Loss of revenue for the aggrieved owner of afflicted animal, fowl or honey bees.
(c)Exceptions.-- The provisions of this section shall not apply to research or veterinarian services, including immunizations, vaccinations or other treatments administered during the normal scope of practice.
18c5550s