Q Under what circumstances and procedures may animals be euthanized whether under Section 73-39-53, et seq. or Section 97-41-3, and what is the method of “killing” contemplated under 97-41-3(1)?

A Section 97-41-3(2)(iii) authorizes, after all reasonable attempts have been made to locate the legal owner, an employee of the department of a county that is charged with the control or welfare of dogs or cats within the county to euthanize or cause to be euthanized a dog or cat that is found maimed, wounded, injured or diseased. Section 97-41-3(2)(iv) authorizes an employee of a private nonprofit organization that has the purpose of protecting the welfare of or preventing cruelty to dogs or cats to euthanize or cause to be euthanized a dog or cat that is found maimed, wounded, injured or diseased. A sheriff also has the authority pursuant to Section 97-41-3 to kill an animal including a cat or dog that meets the conditions set forth in the statute and pursuant to Section 41-53-11, after conditions of the statute have been met, to kill a dog found running at large. There is no definition of “killing” found in Section 97-41-3. Contact the Mississippi Board of Animal Health, the Mississippi Board of Veterinary Medicine, or the Mississippi Department of Health for assistance with the method of “killing.” (Attorney General’s Opinion to Yarborough, March 3, 2017)