NYS AGRICULTURE AND MARKETS LAW
Article 5
SECTION 95C
EXAMINATION OF HORSES FOR
EQUINE INFECTIOUS ANEMIA
- 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, or 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.
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- 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.
- 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.
- 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.
- 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.
- 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 regulation.
- 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.
- 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.
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