§ 95-C — Examination of horses for equine infectious anemia

New York § 95-C

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

Text

§ 95-c. Examination of horses for equine infectious anemia. 1. The\ncommissioner or his authorized agent may cause to be administered to any\nhorse within the state any test he finds appropriate for ascertaining\nthe presence or absence of equine infectious anemia, also known as\n"swamp fever." Upon order of the commissioner or his authorized agent,\nthe owner, custodian or harborer of any horse shall confine, present,\ncontrol and restrain such animal or animals for the examinations, tests\nand identification procedures the commissioner deems necessary and if\nexposure to equine infectious anemia is apparent, the commissioner shall\norder confinement for a period up to sixty days or until a negative test\ncan be obtained. During the period of such test, and until the\ncommissioner or his agent shall otherwise direct, the owner, custodian\nor harborer of any animal being tested shall keep such animal in\nsegregation or confinement as the commissioner's agent shall direct, and\nno person shall remove a horse under test from the premises where the\ntest is being conducted, nor remove from the horse, or alter or deface\nany temporary identification marks or devices affixed for the purpose of\nthe test, except with the written consent of the commissioner's\nauthorized agent.\n 2. (a) Any horse found by the commissioner after testing to be\ninfected with equine infectious anemia may be freeze branded in a manner\nprescribed by the commissioner. Upon notification of the results of such\ntest, the owner, custodian or harborer of any animal found by the\ncommissioner to be infected with equine infectious anemia shall confine,\npresent and restrain such animal for freeze branding by any duly\nauthorized agent of the commissioner at such time as he may direct.\n (b) Notwithstanding any other provisions of law, the owner, harborer\nor custodian of any horse freeze branded pursuant to this section shall\nnot be indemnified for any loss in value of such animal.\n (c) The term "horse" as used throughout this section shall apply to\nthe entire family of equidae. The commissioner may by regulation exclude\nfrom the provisions of this section horses within defined age\ncategories.\n 3. No person shall import or bring into the state any horse unless\nsuch horse has been tested for equine infectious anemia and reacted\nnegatively within a period prior to entry, and in a manner, prescribed\nby the commissioner in regulations.\n 4. No person shall transport on any public highway within this state\nany horse unless such horse has been tested for equine infectious anemia\nand reacted negatively within a period prior to such transportation, and\nin a manner, prescribed by the commissioner in regulations.\n 5. No person shall sell, exchange, barter or give away any horse\nunless such horse has been tested for equine infectious anemia and\nreacted negatively within a period prior to such transfer of ownership,\nand in a manner, prescribed by the commissioner in regulations.\n 6. Subdivisions three, four and five of this section shall not apply\nto horses which are imported, sold, exchanged, bartered, given away or\ntransported under permit from the commissioner or his authorized agent\nfor immediate slaughter, research or such other purposes as the\ncommissioner finds are consistent with the control and eradication of\nequine infectious anemia, as prescribed by the commissioner in\nregulations.\n