State Codes and Statutes

Statutes > New-york > Agm > Article-5 > 95-c

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

State Codes and Statutes

Statutes > New-york > Agm > Article-5 > 95-c

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

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Agm > Article-5 > 95-c

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