2 VAC 5-70-10. Definitions.
The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise: "Accredited veterinarian" means a licensed veterinarian approved by the United States Department of Agriculture/Animal and Plant Health Inspection Service (hereinafter referred to as USDA-APHIS) and State Veterinarian.
"Approved laboratory" means a laboratory approved by USDA-APHIS or the State Veterinarian to conduct the official test for equine infectious anemia.
"Approved veterinarian" means a state-federal regulatory veterinarian, an accredited veterinarian, or other veterinarian approved by the State Veterinarian for special testing.
"Department" means the Virginia Department of Agriculture and Consumer Services.
"Equine Infectious Anemia" (EIA or Swamp Fever) means a contagious and infectious disease of horses, characterized by a variety of symptoms related to anemia. It may be acute, subacute, or chronic in nature and may terminate in death. The virus remains in the blood of infected animals throughout their lifetime. The virus may be spread from horse to horse via biting flies, mosquitoes, hypodermic needles, or blood-letting procedures.
"Horse" includes all horselike animals embracing all members of the equine species including horses, ponies, the asinine species, and burros. It also includes hybrid offspring of the equine and asinine species by whatever name they may be known, such as mules, hinnies, and donkeys.
"Interstate health certificate" means a legible record covering the health requirements for importing of horses into Virginia, executed on an approved form of the state of origin, and bearing the endorsement of the livestock health official of that state.
"Licensed veterinarian" means a veterinarian who has graduated from a recognized college of veterinary medicine and has been examined and found proficient by the Virginia State Board of Veterinary Medicine.
"Official test" means the agar gel immunodiffusion test (Coggins AGID).
"Reactor" means a horse over eight months of age that reacts positively to an official test performed by an approved laboratory.
"State-Federal Regulatory Veterinarian" means a veterinarian employed by the State Veterinarian or USDA-APHIS.
"State Veterinarian" means a Virginia Department of Agriculture and Consumer Services veterinarian employed by the Commissioner of Agriculture and Consumer Services who is responsible for the animal health programs in the Commonwealth of Virginia.
"Veterinary services" means services of USDA-APHIS.
2 VAC 5-70-20. Testing requirements for horses exhibited at shows, fairs, or other exhibitions in Virginia.
All horses assembled at a show, fair, race meet, or other such function in Virginia, must be accompanied by a report of an official negative test for equine infectious anemia conducted within 12 months prior to such event. The person in charge will ensure that a copy of the official negative test results accompanies each horse in the event, and shall make such reports available for inspection by a representative of the State Veterinarian upon request. The person in charge shall exclude any horse which is not accompanied by a negative test report.
2 VAC 5-70-30. Alternate testing requirements for horses assembled for sale or auction in Virginia.
Horses may be assembled at a sale or auction without a negative test for equine infectious anemia, provided that the State Veterinarian so approves, and that the following requirements are met:
1. All horses, while assembled at the sale or auction, shall have blood samples drawn for equine infectious anemia testing.
2. Horses consigned or sold for immediate slaughter to an official slaughtering establishment are exempt from equine infectious anemia testing. Such horses shall be identified in a manner approved by the State Veterinarian, and a written permit shall be issued for their transfer to the slaughtering establishment.
3. The owner or manager of the sale or auction shall employ a licensed accredited veterinarian, who shall draw blood samples from all horses required to be tested, and shall record all visible markings or other permanent identification for each horse bled.
4. The owner or manager shall announce, prior to the sale or auction, that all nonslaughter horses will be tested. Each buyer of a nonslaughter horse or horses at the sale or auction shall sign a release form, signifying his agreement to maintain such horse or horses at a specified location until notified of the results of the test. Horses that prove negative to the test may move in normal trade channels. Owners of horses that react to the test must comply with 2 VAC 5-70-40 of this chapter.
5. The State Veterinarian may grant such exceptions to these requirements as he feels the circumstances warrant and that are not in variance with other rules and regulations of the Commonwealth of Virginia.
2 VAC 5-70-40. Reactors to the official test.
A. Horses which have reacted positive to the official test shall be quarantined to the premises where tested by a State-Federal Regional Veterinarian.
B. When a reactor is disclosed on a premises, and such testing does not constitute a complete herd test, then all horses on such premises shall be tested, including the test-positive animal. The required testing will be for the purpose of detecting additional infection and to confirm the identity of the reactors. Such testing will be performed under the supervision of a representative of the State Veterinarian. Additional testing may be required by the State Veterinarian to clarify the equine infectious anemia status of horses on the premises.
C. Reactor animals shall be permanently identified by a freeze brand, using the official Commonwealth of Virginia code identification (52A) placed under the mane. The branding of such reactors will be performed by or under the supervision of a representative of the State Veterinarian.
D. Negative horses on the premises where a reactor animal is disclosed may not be removed from such premises without the approval of the State Veterinarian.
E. Virginia horses under eight months of age which have reacted to the official test shall be placed under written quarantine and retested when they become eight months of age. If such animals are reactors when they are eight months of age, they shall be subject to the same regulation as the adult infected animal.
F. When a reactor is disclosed, a thorough investigation shall be made to determine the source of the disease and to determine whether spread has occurred. Depending upon these findings, additional testing may be required by the State Veterinarian.
2 VAC 5-70-50. Disposition of reactor animals.
A. Reactor horses may be humanely destroyed. The destruction of such horses shall be the owner's responsibility and at his or her expense, but will be done under the supervision of a representative of the State Veterinarian.
B. Reactor horses may be further identified as required by the State Veterinarian and sold:
1. Under permit to an approved slaughter establishment,
2. To a market for sale to an approved slaughter establishment, or
3. For rendering or research purposes.
C. At the owner's option, reactor horses may be retained under quarantine and held in isolation from all other horses on the premises. Provisions may be made under terms specified by the State Veterinarian for the use of such reactor animals by the owner or his agent in such a manner that there is no risk of spreading equine infectious anemia. The terms and conditions shall be made part of the quarantine document. The restrictions placed on the movement and maintenance of reactor animals shall be permanent or until such animals die, are destroyed, or are cleansed of the carrier state.
D. When reactor animals are quarantined as provided herein, all other horses on the premises may be required to be tested every six months if deemed necessary by the State Veterinarian. All testing shall be at the owner's expense unless otherwise authorized by the State Veterinarian.
E. Whenever it has been determined that the provisions of the quarantine and isolation are not being maintained, the State Veterinarian may require that all horses on the premises be placed under quarantine. This quarantine shall remain in effect until the State Veterinarian has determined that the threat to the health of other horses no longer exists.
2 VAC 5-140-80. Horses.
A. Horses may enter the Commonwealth of Virginia provided that they are accompanied by an official health certificate giving an accurate description of each animal, with a copy forwarded to and received by the State Veterinarian prior to the arrival of such animals at a destination in the Commonwealth of Virginia.
B. The State Veterinarian may by proclamation prohibit or restrict the entry of any horses into Virginia which, in his opinion, presents a disease threat to Virginia horses or other animals. The proclamation shall be only for the duration of the potential threat, and shall be officially withdrawn when it has served its purpose.
C. An interstate health certificate on all horses that are imported into Virginia shall indicate that they have been officially tested and found negative for equine infectious anemia within the past 12 months. When horses are imported into Virginia, a copy of the official interstate health certificate shall be promptly mailed to the State Veterinarian. Horses that originate from infected premises in other states are not eligible for entry into Virginia unless a written permit is obtained from the State Veterinarian. Horses may be shipped into Virginia for research purposes or for immediate slaughter to approved slaughter establishments after first obtaining a permit from the State Veterinarian. Such horses shall be satisfactorily identified and the origin and destination clearly stated on the permit.
D. No male horse (stallion) or mare over 731 days of age, which either originates in or has passed through a country where the disease contagious equine metritis is known to exist, may enter the Commonwealth of Virginia except by special permit issued by the State Veterinarian. Those male horses or mares which are issued a special entry permit immediately will be placed under quarantine until the State Veterinarian is satisfied that they pose no danger to the Commonwealth of Virginia's equine population.
11 VAC 10-100-80. Certificate of veterinary inspection.
An official test for equine infectious anemia is required and must be conducted by a laboratory approved by the United States Department of Agriculture for each horse within the enclosure. The following provisions shall apply:
1. Horses entering the Commonwealth of Virginia must be accompanied by an official Certificate of Veterinary Inspection signed by an accredited veterinarian. This certificate shall give an accurate description of each horse;
2. The Certificate of Veterinary Inspection shall indicate that each horse has been officially tested and found negative for equine infectious anemia within the past 12 months. The test must be valid to cover the time the horse is expected to be within the enclosure;
3. Horses originating in the Commonwealth of Virginia must be accompanied by a report of an official negative test for equine infectious anemia conducted within the past 12 months. The test must be valid to cover the time the horse is expected to be within the enclosure;
4. For the purposes of this regulation, an "approved laboratory" means a laboratory approved by the Deputy Administrator, Veterinary Services, Animal and Plant Health Inspection Service, U.S. Department of Agriculture;
5. For the purposes of this regulation, an "accredited veterinarian" means a veterinarian approved by the Deputy Administrator to perform functions required by cooperative state-federal disease control and eradication programs;
6. The Certificate of Veterinary Inspection or report of an official negative test shall be attached to the certificate of foal registration, eligibility certificate or other registration document; and
7. The primary responsibility for the presentation of the foregoing documents shall rest with the owner of the horse or his trainer or authorized agent.
11 VAC 10-110-20. Horses ineligible to be entered.
A horse is ineligible to be entered in a race when:
1. The horse is not identified by name, color, sex and age and the names of its sire and dam;
2. The horse has been raced under an identity other than its own for fraudulent purposes;
3. The horse's name and identity have been utilized for fraudulent purposes;
4. The horse is wholly or partially owned by a person who is under suspension, has been ruled off or whose permit or license has been revoked by the commission or by a similar regulatory body in another jurisdiction;
5. The horse is under the care and supervision of or being trained by, a person who is under suspension, has been ruled off or whose permit or license has been revoked by the commission or a similar regulatory body in another jurisdiction;
6. The horse does not have a report of an official negative test for equine infectious anemia conducted within the past 12 months and the test must be valid to cover the time the horse is expected to be within the enclosure;
7. The horse appears on the stewards' list or on a stewards' veterinarian's, starter's or similar list in another jurisdiction;
8. The horse is a first-time starter that has not been approved for racing by the starter;
9. The horse has a tracheal tube inserted to assist artificially its breathing;
10. The horse has been "high nerved" or its nerves have been desensitized by any means at or above the fetlock, including volar, palmar or plantar nerves;
11. The horse has impaired vision in both eyes; or
12. The horse is not eligible under the conditions specified for the race as published in the condition book or on the condition sheet.
11 VAC 10-120-50. Claiming procedure.
A claim may be filed on a horse programmed to race by properly completing a claim slip, sealing the claim slip in an envelope and depositing the envelope in a locked claims box. The following provisions shall apply to the claiming of a horse:
1. The licensee shall provide claim slips, claim envelopes and a locked claim box to secure filed claims;
2. The claim slip, enclosed in a sealed envelope, must be deposited in a locked claim box at least 15 minutes before post time of the race for which the claim is filed;
3. The licensee shall provide a clock, and before the sealed envelope is deposited in the locked claim box, the time of day shall be stamped upon the envelope;
4. No money or its equivalent shall be put in the claim box;
5. The person filing the claim must have sufficient funds on deposit with the horsemen's bookkeeper or licensee in not less than the amount of the designated price and applicable sales taxes;
6. The claims clerk shall open the claim box when the horses enter the racing surface on their way from the paddock to the post;
7. The claims clerk shall inform the stewards of a claim filed for a horse and of multiple claims on a horse;
8. The claims clerk shall ascertain that the claim slip and envelope are properly complete;
9. The claims clerk shall ascertain that the person is eligible to claim a horse and inform the stewards immediately of any doubts of the person's eligibility;
10. The claims clerk shall ascertain that there are sufficient funds on deposit with the horsemen's bookkeeper or licensee of not less than the amount of the claim and applicable sales taxes;
11. If more than one valid claim is filed for a horse, then title to the horse shall be determined by lot under the supervision of the stewards;
12. A claimed horse shall race in the interest of and for the account of the owner from whom the horse was claimed;
13. The original trainer shall remain the absolute insurer of the condition of the horse until any post-race testing is completed;
14. Title to a claimed horse shall be transferred to the new owner at the time the horse is deemed a starter whether the horse is dead or alive, sound or unsound, or injured in the race or after the race;
15. A horse is deemed a starter when it obtains a fair start;
16. In harness racing, the successful claimant of a horse programmed to start may, at his option, acquire ownership of a claimed horse even though such claimed horse was scratched and did not start in the claiming race from which it was scratched. The successful claimant must exercise his option by 9 a.m. of the day following the claiming race to which the horse programmed and scratched. No horse may be claimed from a claiming race unless the race is contested;
17. A horse that has been claimed shall be delivered to the new owner, with its halter, at the conclusion of the race either at the paddock or at the detention barn, after the completion of any post-race testing;
18. The claimant shall present the former owner with written authorization of the claim from the racing secretary;
19. A positive test result for any prohibited drug is grounds for voiding the claim;
20. The new owner may request that the horse be tested for equine infectious anemia, by taking the horse immediately following the race to the detention barn where a blood sample will be drawn;
21. A positive test result for equine infectious anemia is grounds for voiding a claim;
22. The certificate of registration, eligibility certificate or registration document shall be retained by the racing secretary until the results of the post-race testing are known;
23. The funds for the claim shall be retained by the horsemen's bookkeeper or licensee until the results of the post-race testing are known;
24. When it is determined that the claim is valid and that there are no grounds for voiding the claim, the certificate of registration shall be delivered by the racing secretary to the claimant and the funds for the claim shall be paid to the former owner;
25. The new owner shall be responsible for filing the change of ownership with the appropriate breed registry; and
26. Despite any designation of sex or age of a horse appearing in the daily program or
other publication, the person making the claim shall be solely responsible for determining
the sex or age of the horse before filing a claim for the horse.
Amended in 2000.
Reviewd by AAHS in October 2001.
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