Arkansas § 2-40-819 Testing requirements for change of ownership

Arkansas Statutes

§ 2-40-819 — Testing requirements for change of ownership

(a)(1) (A) All equidae which are sold, bartered, traded, given free of charge, or offered for sale, or any horses otherwise exchanged for any reason within Arkansas except at approved markets must be accompanied by a record of a negative equine infectious anemia test conducted at an approved laboratory within the previous six (6) months.

(B)Proof of a negative equine infectious anemia test may be demonstrated through presentation of:

(i)The original test record document;

(ii)An official electronic copy, as defined by the Arkansas Livestock and Poultry Commission; and (iii) Other forms as may be prescribed by the Arkansas Livestock and Poultry Commission.

(C)A foal less than six (6) months of age is exempt from the testing requirements if the foal is accompanied by, nursing, and includ

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(a) (1) (A) All equidae which are sold, bartered, traded, given free of charge, or offered for sale, or any horses otherwise exchanged for any reason within Arkansas except at approved markets must be accompanied by a record of a negative equine infectious anemia test conducted at an approved laboratory within the previous six (6) months. (B) Proof of a negative equine infectious anemia test may be demonstrated through presentation of: (i) The original test record document; (ii) An official electronic copy, as defined by the Arkansas Livestock and Poultry Commission; and (iii) Other forms as may be prescribed by the Arkansas Livestock and Poultry Commission. (C) A foal less than six (6) months of age is exempt from the testing requirements if the foal is accompanied by, nursing, and included in change of ownership with a negative tested mare. (D) A foal sold separately is required to have a negative current official equine infectious anemia test. (2) On all private sales, trades, or barters, that is, any sale other than through an approved market, both the buyer and seller are equally and individually responsible for meeting the equine infectious anemia testing requirements before the sale or change of ownership. (b) Notwithstanding the provisions of subsection (a) of this section, with respect to a horse claimed in a claiming race run at a licensed racetrack regulated by the Arkansas Racing Commission, the Arkansas Livestock and Poultry Commission may require: (1) The negative equine infectious anemia test to have been conducted at an approved laboratory within the previous twelve (12) months, rather than the previous six (6) months; (2) Any negative equine infectious anemia test required to be conducted within the last six (6) months to be conducted after the race and after title and risk of loss have passed to the buyer; or (3) That the requirements of both subdivisions (b)(1) and (2) of this section be met.

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Legislative History

Amended by Act 2017, No. 1011,§ 69, eff. 8/1/2017. Amended by Act 2017, No. 716,§ 2, eff. 8/1/2017. Acts 1997, No. 1306, § 17; 1999, No. 10, § 3; 2007, No. 827, § 9.