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95-c. Examination of horses for equine infectious anemia
1. The commissioner or his authorized agent may cause to be administered to any horse
within the state any test he finds appropriate for ascertaining the presence or absence of
equine infectious anemia, also known as "swamp fever." Upon order of the
commissioner or his authorized agent, the owner, custodian or harborer of any horse shall
confine, present, control and restrain such animal or animals for the examinations, tests
and identification procedures the commissioner deems necessary and if exposure to equine
infectious anemia is apparent, the commissioner shall order confinement for a period up to
sixty days or until a negative test can be obtained. During the period of such test, and
until the commissioner or his agent shall otherwise direct, the owner, custodian or
harborer of any animal being tested shall keep such animal in segregation or confinement
as the commissioner's agent shall direct, and no person shall remove a horse under test
from the premises where the test is being conducted, nor remove from the horse, or alter
or deface any temporary identification marks or devices affixed for the purpose of the
test, except with the written consent of the commissioner's authorized agent.
2. (a) Any horse found by the commissioner after testing to be infected with equine
infectious anemia may be freeze branded in a manner prescribed by the commissioner. Upon
notification of the results of such test, the owner, custodian or harborer of any animal
found by the commissioner to be infected with equine infectious anemia shall confine,
present and restrain such animal for freeze branding by any duly authorized agent of the
commissioner at such time as he may direct.
(b) Notwithstanding any other provisions of law, the owner, harborer or custodian of any
horse freeze branded pursuant to this section shall not be indemnified for any loss in
value of such animal.
(c) The term "horse" as used throughout this section shall apply to the entire
family of equidae. The commissioner may by regulation exclude from the provisions of this
section horses within defined age categories.
3. No person shall import or bring into the state any horse unless such horse has been
tested for equine infectious anemia and reacted negatively within a period prior to entry,
and in a manner, prescribed by the commissioner in regulations.
4. No person shall transport on any public highway within this state any horse unless such
horse has been tested for equine infectious anemia and reacted negatively within a period
prior to such transportation, and in a manner, prescribed by the commissioner in
regulations.
5. No person shall sell, exchange, barter or give away any horse unless such horse has
been tested for equine infectious anemia and reacted negatively within a period prior to
such transfer of ownership, and in a manner, prescribed by the commissioner in
regulations.
6. Subdivisions three, four and five of this section shall not apply to horses which are
imported, sold, exchanged, bartered, given away or transported under permit from the
commissioner or his authorized agent for immediate slaughter, research or such other
purposes as the commissioner finds are consistent with the control and eradication of
equine infectious anemia, as prescribed by the commissioner in regulations.
Section 64.1 Importation prohibited without health certificate.
No horse or other equid, unless exempted by the provisions of section 64.5 or
64.9 of this Part, shall be imported into the State unless accompanied by a certificate of
health signed by a veterinarian licensed and accredited by the state or country in which a
physical examination of the animal was made and, further provided, that no such animal
shall enter the State until the original of said certificate has been placed in the mail
for delivery first class to the chief veterinarian of the state or country where the
examination was made.
64.2 Form of certificate.
(a) The information of the aforesaid health certificate shall include the name of the
owner or trainer of the animal or animals with address, the consignee or destination in
New York with address, the date of examination, the number of animals examined, the
establishment or premises at which the animals were examined, and the name, registration
number if any, breed, brand, tattoo if any, sex, age, color and markings of each animal
listed on the certificate.
(b) Said certificate shall also contain, or have attached thereto, a report of a negative agar gel immunodiffusion test a competitive ELISA test or other U.S.D.A. approved test for equine infectious anemia which complies with the provisions of section 64.4 of this Part.
64.4 Test requirements for importation.
(a) No horse or other equidae six months or more of age, unless exempted by the provisions
of section 64.5 or 64.9 of this Part, shall be imported or brought into the State unless
the custodian of such animal has in his possession at the time of entry a report of a
negative agar gel immunodiffusion test, a competitive ELISA test or other U.S.D.A.
approved test for equine infectious anemia for such animal.
(b) Said test shall have been conducted during the 12-month period prior to entry into the State.
(c) Said test shall have been conducted by a laboratory approved for the purpose by the United States Department of Agriculture and by the New York State Department of Agriculture and Markets.
(d) Said test report shall include:
(1) a complete description of the animal, including name, registration number if any, breed, brand, tattoo if any, sex, age, color and markings;
(2) the name and address of the owner;
(3) the date the test was conducted; and
(4) the name and address of the laboratory that conducted the test.
(e) Said test report shall be signed by:
(1) a duly licensed veterinarian;
(2) the director of the laboratory where the test was conducted; or
(3) the chief livestock health official of the state or country of origin of such animal.
(f) Said test report shall be retained by the custodian of such animal for a period of 90 days after the date of importation, or until the animal changes ownership in accord with the provisions of section 64.8 of this Part, and during such period said report shall be made available for examination by the Commissioner of Agriculture and Markets or his authorized agent on request at all reasonable times.
64.5 Importation for immediate slaughter.
The provisions of the foregoing sections of this Part notwithstanding, any horse or other
equid may be imported for immediate slaughter, and only for such purpose, without a health
certificate or negative test of equine infectious anemia, by making application to the
Commissioner of Agriculture and Markets and by complying with the provisions set forth in
an application agreement required by the commissioner prior to importation.
64.7 Test requirements for transport.
(a) No horse or other equidae six months or more of age, unless exempted by the provisions
of section 64.5 or 64.9 of this Part, shall be transported on any public highway within
the State unless the custodian of such animal has in his possession during the period of
such movement a report of a negative agar gel immunodiffusion test, a competitive ELISA
test or other U.S.D.A. approved test for equine infectious anemia for such animal.
(b) Said test shall have been conducted during the calendar year in which the movement takes place or in the preceding calendar year.
(c) Said test shall have been conducted by a laboratory approved for the purpose by the United States Department of Agriculture and by the New York State Department of Agriculture and Markets.
(d) Said test report shall include:
(1) a complete description of the animal, including name, registration number if any, breed, brand, tattoo if any, sex, age, color and markings;
(2) the name and address of the owner;
(3) the date the test was conducted; and
(4) the name and address of the laboratory that conducted the test.
(e) Said test report shall be signed by:
(1) a duly licensed veterinarian;
(2) the director of the laboratory where the test was conducted; or
(3) the chief livestock health official of the state or country of origin of such animal.
64.8 Test requirements for sale or other change of ownership.
(a) No horse or other equidae six months or more of age, unless exempted by the provisions
of section 64.5 or 64.9 of this Part, shall be sold, exchanged, bartered or given away,
unless such animal has been subjected to an agar gel immunodiffusion test, a competitive
ELISA test or other U.S.D.A. approved test for equine infectious anemia and reacted
negatively within 12 months prior to such transfer of ownership.
(b) Said test shall have been conducted by a laboratory approved for the purpose by the United States Department of Agriculture and by the New York State Department of Agriculture and Markets.
(c) At the time of such transfer of ownership, the transferor shall deliver, personally or by certified mail, to the transferee a copy of the report of such negative test, which shall include:
(1) a complete description of the animal, including name, registration number if any, breed, brand, tattoo if any, sex, age, color and markings;
(2) the name and address of the owner;
(3) the date the test was conducted; and
(4) the name and address of the laboratory that conducted the test.
(d) Said test report shall be signed by:
(1) a duly licensed veterinarian;
(2) the director of the laboratory where the test was conducted; or
(3) the chief livestock health official of the state or country of origin of such animal.
64.9 Other authorized movement or transfer.
(a) The provisions of sections 64.1, 64.4, 64.7 and 64.8 of this Part shall not apply to
any horse or other equidae which is imported, sold, exchanged, bartered, given away or
transported for purposes of immediate slaughter if an owner/shipper statement accompanies
the horse from the premise of origin to the livestock market. Such statement shall include
the name of the consignor, the name of the market, individual identification of the horses
present and the number of horses in the shipment. Upon arrival at the livestock market,
such horses will be identified with a green equine waybill backtag applied to the left hip
which will serve as a permit for their movement to slaughter within 14 days of the date of
purchase. Buyers wishing to purchase animals identified with the equine waybill backtag
may do so at their own risk provided that an equine infectious anemia test sample is drawn
by a veterinarian prior to movement from the market and the equine waybill backtag remains
affixed to the animal until the negative results are receive.
(c) The commissioner hereby finds that the exemptions set forth in this section are consistent with the control and eradication of equine infectious anemia.
351.7 Horses.
To be admitted to or permitted on the premises during a fair, a horse 180 days or more of
age must be accompanied by a certificate or statement showing that the horse has tested
negative to an agar gel immunodiffusion test, competitive ELISA test or other U.S.D.A.
approved test for equine infectious anemia (swamp fever) during the calendar year in which
the fair is held or during the preceding calendar year which shall be presented to the
commissioner's authorized agent.
(a) The agar gel, immunodiffusion test, competitive ELISA or the other U.S.D.A approved test must have been conducted by a laboratory approved for the purpose by the U.S.D.A.
(b) The required certificate shall include a complete identification of the horse, the date of the test, and the name and address of the laboratory that conducted the test.
(c) The certificate must be signed by a duly licensed veterinarian and the director of the laboratory where the test was conducted.
Section 4106.6 Importation prohibited without document.
(a) No horse shall enter the State of New York unless accompanied by a certificate of
equine examination signed by a veterinarian accredited and licensed by the state in which
the examination required by the certificate was made and further provided that no horse
shall enter the State of New York until the original of said certificate has been placed
in the mail for delivery first class to the state veterinarian of the state in which the
required examination was conducted.
(b) Form of certificate.
(1) The information on the certificate shall include the name of the owner or trainer with
address, the consignee or destination in New York with address, the date of examination,
the number of horses examined, the establishment or premises at which the horses were
examined, the name, registration number if any, tattoo if any, sex, age, rectal
temperature and color and markings of each horse listed on the certificate.
(2) The certificate shall include the following statement signed by the examining
veterinarian:
I hereby certify that I am accredited and licensed in the State of (State) and that the
(number) horse or horses described above was or were examined by me on the date indicated
and found to be free from symptoms of any infectious or communicable disease. I further
certify that the temperature of each horse was as recorded above.
Signature:_____ Address: _____
(Accredited Veterinarian)
(3) The certificate shall make provision for the recording of test results by the state
veterinarian of the state of origin and shall include the following statement for
subsequent counter-signature by such state veterinarian:
This certifies that the issuing veterinarian is accredited and licensed to practice in the
State of (State) ..... and that the test results recorded above are correct to the best of
my knowledge and belief.
Signature: ..........
(State Veterinarian)
Date Countersigned:..........
(c) Time limitation of certificates. A certificate of equine examination shall be valid
for the purposes of this Part until the 10th day following the date of examination
appearing on the certificate.
4106.7 Importation prohibited.
(a) All persons, associations or corporations, their agents, officers and employees and
any person acting by or at their behest, are hereby forbidden to bring into this State, or
cause to be brought into this State, any horse affected with or having been exposed to the
disease known as equine infectious anemia (swamp fever). Every horse brought into this
State or caused to be brought into this State shall be accompanied by a statement signed
by a veterinarian of recognized standing in his state or country of residence certifying
that such animal is not suffering from and has not been exposed to equine infectious
anemia.
(b) Manure from any horse suffering from equine infectious anemia shall not be brought or caused to be brought into this State.
(c) Every person, association or corporation, and any agent, officer or employee thereof, failing to obey this order shall be subject to the fines and penalties provided by law.
Section 4209.6 Importation prohibited without document.
(a) No horse shall enter the State of New York unless accompanied by a certificate of
equine examination signed by a veterinarian accredited and licensed by the State in which
the examination required by the certificate was made and further provided that no horse
shall enter the State of New York until the original of said certificate has been placed
in the mail for delivery first class to the State veterinarian.
(b) Form of certificate.
(1) The information on the certificate shall include the name of the owner or trainer with
address, the consignee or destination in New York with address, the data of examination,
the number of horses examined, the establishment or premises at which the horses were
examined, the name, registration number if any, tattoo if any, sex, age, rectal
temperature and color and markings of each horse listed on the certificate.
(2) The certificate shall include the following statement signed by the examining
veterinarian:
"I hereby certify that I am accredited and licensed in the State
of ..... and that ..... horse or horses
(State) (Number)
described above was or were examined by me on the date indicated and found to be free from
symptons of any infectious or
communicable disease. I further certify that the temperature of each horse was as recorded
above.
Signature: ..... Address: ....."
(Accredited Veterinarian)
(3) The certificate shall make provision for the recording of test results by the State
veterinarian of the State of origin and shall include the following statement for
subsequent counter-signature by such State veterinarian:
"This certifies that the issuing veterinarian is accredited and licensed to practice
in the State of ..... and that the test results recorded above are correct to the best of
my knowledge and belief.
Signature: ..........
(State Veterinarian)
Dated Countersigned .........."
(c) Time limitation of certificate. A certificate of equine examination shall be valid for
the purposes of this Part until the 10th day following the date of examination appearing
on the certificate.
4209.7 Importation prohibited.
(a) All persons, associations or corporations, their agents, officers and employees and
any person acting by or at their behest, are hereby forbidden to bring into this State or
cause to be brought into this State, any horse affected with or having been exposed to the
disease known as equine infectious anemia (swamp fever). Every horse brought into this
State or caused to be brought into this State shall be accompanied by a statement signed
by a veterinarian of recognized standing in his state or country of residence certifying
that such animal is not suffering from and has not been exposed to equine infectious
anemia.
(b) Manure from any horse suffering from equine infectious anemia shall not be brought or caused to be brought into this State.
(c) Every person, association or corporation, and any agent, officer or employee
thereof, failing to obey this section shall be subject to the fines and penalties provided
by law.
Amended in 1999.
Reviewed by AAHS in October 2001.
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