§ 72 — Control and suppression of disease

New York § 72

• Jurisdiction: New York
• Law AGM: Agriculture & Markets
• Art. 5: Diseases of Domestic Animals; Calves and Veal; Pure Bred Stock; Certificates of Registry

Text

§ 72. Control and suppression of disease. 1. The commissioner may\ncause investigations to be made as to the best method for the control,\nsuppression or eradication of infectious or communicable disease\naffecting domestic animals or carried by domestic animals and affecting\nhumans. Whenever any infectious or communicable disease affecting\ndomestic animals or carried by domestic animals and affecting humans\nshall exist or shall have recently existed outside this state, the\ncommissioner shall take measures to prevent such disease from being\nbrought into the state. Whenever any such disease shall exist or be\nbrought into or break out in this state, the commissioner shall take\nmeasures promptly to suppress the same and to prevent such disease from\nspreading.\n 2. He may issue and publish a notice stating that a specified\ninfectious or communicable disease exists, may exist or has recently\nexisted in the state, or in any designated county or other geographical\ndistrict thereof, and warning all persons to seclude, in the premises\nwhere they maybe at the time, all animals within this state, or within\nsuch county or district, or an adjoining county or district, that are of\na kind susceptible to contract such disease; and ordering all persons to\ntake such precautions against the spreading of the disease as the nature\nthereof may, in his judgment, render necessary or expedient and which he\nmay specify in such notice. Such notice shall be published in such\nmanner as the commissioner may designate. The commissioner may cause\nsuch notice to be posted on buildings where animals are harbored which\nare believed to be diseased or exposed to disease, or on poles, gates or\nfences within an area in which diseased or exposed animals are harbored\nor kept. No person shall tear down, mutilate, deface or destroy any such\nnotice or order issued by the commissioner and posted, as provided\nherein, during the pendency of such notice or order. The commissioner\nmay alter or modify, from time to time, as he may deem expedient, the\nterms of any notice or order issued or made pursuant to this article and\nmay at any time cancel or withdraw the same.\n 3. The commissioner may adopt and enforce rules and regulations for\nthe control, suppression or eradication of communicable diseases in\ndomestic animals or for the purpose of preventing the spread of\ninfection and contagion among such animals, or from such animals to\nhumans, and may, in behalf of the state, accept, in whole or in part,\nrules and regulations adopted by the secretary of agriculture of the\nUnited States under any act of congress providing for the control,\nsuppression or eradication of communicable diseases in domestic animals.\nThe commissioner may cooperate with the authorities of the United States\ngovernment within this state in the carrying out of such rules and\nregulations and the enforcement of the provisions of any such act so\npassed which are not in conflict with the statutes of this state.\nWhenever the commissioner finds that an emergency situation exists in\nrelation to the prevention or control of communicable disease among\ndomestic animals, or from such animals to humans, the commissioner may\nby regulation require that all domestic animals of any designated\nspecies be immunized against any designated disease. Such regulations\nmay specify the immunizing agent to be used and the method of\nimmunization. The regulations may prescribe that such immunization shall\nbe performed by the agents of the department or require that all owners\nor harborers of the designated species shall cause such immunization to\nbe performed by a licensed veterinarian.\n 4. Whenever a program for the control, suppression or eradication of a\ndisease of domestic animals has been adopted and instituted by the\ncommissioner pursuant to this article, the owner or harborer of each\ndomestic animal of the species involved shall, on or at the premises\nwhere such animal is kept, present and restrain such animal for tests,\nexamination, immunization, or identification at such times as the\ncommissioner on not less than forty-eight hours notice shall direct.\n