N.Y. Agriculture & Markets Law § 90: Examination of cattle for Bang's disease

§ 90. Examination of cattle for Bang's disease. 1. The commissioner,

within the amounts appropriated for such purpose, may cause an

appropriate test for ascertaining the presence or absence of bovine

infectious abortion, commonly known as and hereafter termed "Bang's

disease," to be made by competent and authorized veterinarians and cause

such bovine animals to be subjected to periodic retests when deemed

necessary by the commissioner. If, from such examination or test, any

animal be deemed by the commissioner to be infected with Bang's disease

and its condition be such as to render it undesirable for the production

of milk or a menace to the health of other animals or persons, such

animal may be immediately removed from the herd, slaughtered or

otherwise disposed of as the commissioner may prescribe.

2. If after examination an animal be found to be suffering from Bang's

disease such animal may be slaughtered under the provisions of this

section, 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 such bovine disease; there to be

kept and used for breeding, dairy or experimental purposes under

regulations to be prescribed by the commissioner.

3. No animal showing evidence of Bang's disease as a result of the

official test shall be sold, except under the supervision of the

commissioner. No such animal shall be removed from the premises where

examined, or from any other premises, except upon the written permission

of the commissioner. No such animal shall be slaughtered except under

the supervision of a veterinarian designated by the commissioner as

provided in section eighty-six of this chapter.

4. In the case of a bovine animal killed on account of positive

reaction to Bang's disease, the owner shall, in the discretion of the

commissioner, and within the amount appropriated for such purpose, be

entitled to receive indemnity in a sum equal to seventy-five per cent of

the difference between the full appraised value of the animal and the

total of the amounts received by the owner from the federal government

as indemnity and from the sale of the animal as salvage, but not

exceeding the sum of one thousand five hundred dollars for a registered

pure bred animal and not exceeding the sum of five hundred dollars for

any other bovine animal.

The commissioner may, in his discretion at the request of the owner,

order the slaughter of non-reactor animals if he finds that they have

been exposed to Bang's disease as a member of an infected herd and that

the entire herd should be depopulated to control the spread of the

disease. In such case, the owner shall be entitled to receive, within

the amount appropriated for such purpose, indemnity in an amount equal

to the difference between the full appraised value of the animal and the

total of the amounts received by the owner from the federal government

as indemnity and from the sale of the animal as salvage, but not

exceeding the sum of three hundred dollars for a registered pure bred

animal or one hundred seventy-five dollars for any other bovine animal.

The commissioner may, in his discretion, order the slaughter of any

animal, or of all or part of any herd, which he finds has been exposed

to Bang's disease by association with a positive reactor or by any other

manner of exposure which he finds may make the animal or herd liable to

contract or communicate the disease. In such case, the owner shall be

entitled to receive, within the amount appropriated for such purpose,

indemnity for each reactor animal and for each non-reactor animal as set

forth in this subdivision unless the commissioner finds that such owner

has failed to comply with any laws, rules or regulations relating to the

control or eradication of brucellosis.

Final payment of state moneys due the owner of animals 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 moneys 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.

For purposes of this section, the term "registered pure bred animal"

shall include a pure bred animal less than three years of age, not

registered but eligible for registry, for which application for registry

has been duly made prior to the appraisal. Pure bred animals three years

of age or over, not registered at the time of appraisal, shall be

appraised at grade value.

5. No indemnity shall be paid unless the animal shall, at the time

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

and provided further that the animal came into the state in accordance

with the then existing laws and regulations relative to Bang's disease.

6. The commissioner, within the limits of the amount appropriated for

such purpose or purposes, may initiate an official program of calfhood

vaccination, may cause blood samples to be taken, may have such samples

tested, and may make necessary rules and regulations relative thereto,

and provide for identifying and recording all vaccinated animals in

order that all such animals may be properly and officially supervised.

The commissioner may cooperate for such purpose or purposes with federal

or county officials upon such terms as he approves.