N.Y. Agriculture & Markets Law § 88: Indemnity

§ 88. Indemnity. The following provisions shall govern the payment of

indemnity to owners of animals killed pursuant to the provisions of this

article:

1. In the case of a bovine animal so killed to prevent the spread of

tuberculosis, the owner shall be entitled to receive the net proceeds of

the sale of the animal, and in addition thereto shall be paid indemnity

in a sum sufficient to secure to the owner the full appraised value of

the animal, but not exceeding the sum of six hundred dollars for a

registered pure bred animal or for a pure bred animal less than three

years of age, not registered but eligible for registry, for which a

reasonable time shall be granted for the presentation of registration

papers to the department, and not exceeding the sum of five hundred

dollars for any other bovine animal. In the case of a pure bred animal

three years of age or over not registered at the time of appraisal, such

animals shall be appraised at grade value, and in computing indemnity to

be paid for such animal any other appraised value shall be excluded. The

total amount receivable by the owner from the net proceeds of the sale

of the animal and indemnity from the federal government and indemnity

from the state shall, in every case except as otherwise specifically

limited by this subdivision, equal but not exceed the full appraised

value of the animal.

If a bovine animal for which indemnity has not been paid is

slaughtered at an establishment under state or federal meat inspection

and the carcass thereof is found upon post mortem examination and

laboratory analysis to contain tubercular lesions and such carcass is

condemned and destroyed pursuant to state or federal regulations, the

owner thereof shall be entitled to receive as indemnity four hundred

dollars for carcasses weighing four hundred pounds or less, and six

hundred dollars for carcasses weighing more than four hundred pounds.

2. No indemnity shall be paid to any person who shall have made any

false representation, oral or written, in applying to the commissioner

for an examination of his or her animals, or who shall have violated any

agreement with the state regarding such animals, entered into pursuant

to a provision of this chapter, or who shall have failed to comply with

any instructions or directions given by the commissioner in respect to

the control or eradication of any infectious or communicable diseases

among animals, or who shall have failed to comply with any provision of

this article or rule or regulation promulgated pursuant to such article,

relating to the prevention, control, suppression or eradication of such

disease; provided that indemnity may be allowed when payment is deemed

by the commissioner to further the public interest in preventing,

controlling, suppressing, or eradicating the disease with respect to

which indemnity is sought.

3. If upon post-mortem examination of an equine animal evidence of

glanders be found, and such animal shall not have exhibited physical

symptoms of such disease, indemnity equal to ninety per centum of the

appraisal value, or so much thereof as shall not exceed the sum of one

hundred and twenty-five dollars, shall be paid. If the animal shall have

exhibited such physical symptoms of glanders, indemnity equal to

twenty-five per centum of the appraised value, or so much thereof as

shall not exceed the sum of one hundred and twenty-five dollars, shall

be paid.

4. No indemnity shall be paid unless the animal, if an equine, shall

at the time ordered destroyed, have been within the state of New York

for at least twelve months; and if a bovine shall at the time ordered

destroyed have been within the state for at least three months, except

that in the discretion of the commissioner, indemnity may be paid for a

bovine which has not been within the state three months, provided that

the animal at the time of entry into the state was accompanied by a

tuberculin test chart, authenticated by the chief livestock sanitary

official by whatever name known of the state or province from which the

animal was brought, showing that the animal had originated in a herd

under official supervision, and that such herd, including the animal in

question, had been subjected to a tuberculin test under the regulations

of the accredited herd plan and had passed such test negatively within

one year preceding the order of destruction.

5. If animals are slaughtered or property destroyed by order of the

commissioner to control, suppress or eradicate the disease known as

aphthous fever, or foot and mouth disease, compensation shall be made to

the owners of the animals slaughtered or the property destroyed, but not

more than two hundred dollars shall be paid on account of any bovine

animal.

6. In the case of any poultry, or all or part of any flock which has

been exposed to salmonella enteritidis and which the commissioner has

ordered to be slaughtered pursuant to section eighty-five of this

chapter, the owner shall be entitled to receive, within the amount

appropriated for such purpose, indemnity for each poultry, in a sum

equal to the full appraised value of the poultry, or to not more than

three dollars per poultry, whichever is less.

Final payment of state monies due to the owner of poultry slaughtered

as set forth in this subdivision shall be made within sixty calendar

days after the order is signed by the commissioner. In the event payment

is not made within such period, interest thereafter at the rate of eight

per centum per annum on the amount of the said monies owed shall be paid

to the owner in a single lump sum calculated from the end of the sixty

day period until the final payment is made.

7. In the case of any farmed deer, or all or part of any herd which

has been exposed to tuberculosis and which the commissioner has ordered

to be slaughtered pursuant to sections eighty-one and eighty-five of

this article, the owner shall be entitled to receive the net proceeds of

the sale of the animal, and in addition shall be paid indemnity in the

sum sufficient to secure to the owner the full appraised value of the

animal, but not exceeding the sum of two hundred fifty dollars. The

total amount receivable by the owner from the net proceeds of the sale

of the animal and indemnity from the federal government and indemnity

from the state shall, in every case except as otherwise specifically

limited by this subdivision, equal but not exceed the full appraised

value of the animal.

Indemnity payments shall be subject to the provisions set forth in

section eighty-seven of this article. The amount of indemnity payments

made by the state for testing and owner indemnification related to

tuberculosis in animals by the department shall be limited to the amount

of funds appropriated for such purposes by the legislature, and,

notwithstanding any other provision of law to the contrary, shall

represent fulfillment of the state's obligation for this program.

For purposes of this subdivision, the term "farmed deer" shall mean

members of family cervidae which are raised and bred in confinement.