In this subdivision:
I. "Accredited veterinarian" means a veterinarian who is licensed pursuant to RSA 332-B and, in addition, is accredited by the United States Department of Agriculture and the department of agriculture, markets, and food of this state.
II. "Asymptomatic positive reactor" means any equine which reacts positively to an official test but which is apparently healthy, showing no symptoms of equine infectious anemia.
II-a. "Commissioner" means the commissioner of the department of agriculture, markets, and food.
III. "Equine" means any member of the equine family which includes horses, mules, asses and zebra.
IV. "Equine infectious anemia", also known as swamp fever, means a disease of equines caused by a virus which is infectious and may be spread from horse to horse by blood-sucking insects, unsterile surgical instruments and community use of equipment that may produce cuts or abrasions. Both sexes may be affected at any age. Infected animals remain carriers for life, constituting a potential source of disease spread. The disease may be acute, chronic, or inapparent.
V. "Official test" means the agar gel immune diffusion blood test conducted in a laboratory approved by the United States Department of Agriculture, Animal and Plant Health Inspection Service and the state veterinarian.
VI. "Reactor" means an equine over one year of age whose blood serum reacts positively to an approved serological test for equine infectious anemia performed by an approved laboratory.
VII. "State veterinarian" means the veterinarian appointed pursuant to this subdivision.
436:94. Requirement for a Second Test
Any equine in the state which reacts positively to an official test is hereby required to be tested a second time at the expense of the state; and, if the test reads positive a second time, the equine shall be so identified with a freeze marking 12A which shall be at least 2 inches high. Such marking shall be applied to the left shoulder or the left side of the neck of the reactor.
436:95. Equines Imported into New Hampshire; Testing Requirements
I. All equines that are imported into the state shall be accompanied by an official interstate health certificate. Such certificate shall state that each equine has been officially tested and found to be negative to equine infectious anemia within a period not to exceed 6 months prior to the date of entry. The test and the certificate required under this section shall be performed, completed and signed, respectively, by an accredited veterinarian.
II. Equines may be shipped into the state for research purposes or for immediate slaughter in an approved slaughter establishment after first obtaining a special permit from the state veterinarian.
III. Each certificate under paragraph I shall be for one equine only and shall include the name and address of the owner, trainer or person responsible for the equine; in addition, it shall also include the name and registration number of the equine, if any, and sex, age, color and positive identifying marks or scars with a complete description of each.
IV. If, in the opinion of the state veterinarian or his representative, the certificate does not properly or accurately describe the equine in question, he may cause the equine to be held and retested at the expense of the owner or to be returned to the state of origin after receiving prior approval from the proper regulatory officials of the state of origin.
§ 436:96. Equine Reactors; Rulemaking
Any equine found positive after an official retest performed pursuant to RSA 436:94 shall be permanently quarantined on the premises where the test was performed and isolated from all other equines. The commissioner shall adopt rules under RSA 541-A relative to the quarantine, isolation, and disposal of reactors.
I. Any person who violates this subdivision shall be guilty of a misdemeanor.
II. In addition, any person or owner who violates any of the provisions of this
subdivision or rule adopted under it may be subject to an administrative fine levied by
the commissioner not to exceed $1,000 for each violation.
Reviewed by AAHS in October 2001.
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