N.Y. Agriculture & Markets Law § 79: Examination at request of owner; segregation; grading of herds

§ 79. Examination at request of owner; segregation; grading of herds.

The owner of a herd of cattle kept for dairy or breeding purposes within

the state may apply to the commissioner for examination of his herd by

the tuberculin, or other approved tests, subject to the following

regulations:

1. The application therefor shall be upon a blank form provided by the

commissioner and shall include an agreement on the part of the owner of

the herd to improve faulty sanitary conditions, to disinfect his

premises if diseased cattle be found, and to follow directions of the

commissioner designed to prevent the reinfection of the herd and to

suppress the disease and prevent the spread thereof.

2. The commissioner shall cause such cattle to be examined

accordingly, subject to the provisions of this article, and if any

animal responds to such test, he may cause it to be slaughtered or held

in strict quarantine.

3. If after examination an animal be found to be suffering from

tuberculosis such animal shall be slaughtered under the provisions of

this article, or the commissioner may enter into a written agreement

with the owner for keeping such animal in segregation or the

commissioner may, if the condition of such animal warrants it, consign

such animal to any one of the experiment stations or farms owned or

controlled by the state, or by any county of the state, or to the farms

of such public institutions in the state as the commissioner shall

approve, or to hospitals, sanitariums or other institutions existing in

whole or in part for the purpose of suppressing tuberculosis, there to

be kept and used for breeding, dairy or experimental purposes under

regulations to be prescribed by the commissioner.

4. Subject to the rules of the commissioner, an animal found to be

diseased after such examination may continue to be used for breeding

purposes, but the milk from such animal shall not be used for any

purpose until pasteurized at such temperature and for such period as the

commissioner may prescribe.

5. The young of any such diseased animal shall immediately be

separated from its mother and shall not be permitted to receive or be

fed the milk from such affected animal until such milk has been

pasteurized as provided in subdivision four of this section.

6. The commissioner may make rules for classifying herds tested under

this section and for the purpose of giving recognition to herds which

are in a healthy condition, he is hereby authorized to issue such

certification as he may deem proper in relation to such herds. If such

rules and such certification provide for periodical retests of

accredited herds, or other herds not yet accredited, the cost of such

retests, after January first, nineteen hundred and thirty, shall be

borne by the state and there shall be appropriated annually to the

department a sum sufficient to defray the expense of the veterinary

service for such required retests.