N.Y. Agriculture & Markets Law § 91: Hog cholera and pseudorabies control; indemnity

§ 91. Hog cholera and pseudorabies control; indemnity. 1. The

commissioner, to control, suppress or eradicate hog cholera and

pseudorabies, may cause to be made appropriate examinations or tests for

ascertaining the presence or absence of such diseases in swine. If,

from such examinations or tests, any swine be found to be infected with

or exposed to hog cholera or pseudorabies and such condition be such as

to cause the swine to be a menace to the health of other animals the

commissioner may order such swine to be immediately slaughtered or

otherwise disposed of as he may prescribe.

2. No swine infected with or exposed to hog cholera or pseudorabies

shall be sold or removed from the premises where examined, or from any

other premises, except upon written permission of the commissioner. No

swine so infected or exposed shall be slaughtered or killed except under

the supervision of the commissioner.

3. The commissioner, within the appropriation for such purpose, may

cause blood samples of swine to be taken and tested.

4. Swine killed on account of hog cholera or pseudorabies shall be

appraised and indemnity shall be paid to the owner as provided in this

article, except as otherwise specifically limited by this section. The

owner shall be entitled to receive the net proceeds, if any, of the sale

of the swine, and in addition thereto, within the appropriation for such

purpose, shall be paid indemnity in a sum not exceeding one hundred

dollars for a registered purebred, inbred or hybrid swine, and not

exceeding forty dollars for any other swine. A purebred swine is any

breeding swine upon which a certificate of pure breeding has been issued

by a purebred swine association; an inbred or hybrid swine is any

breeding swine upon which a certificate or registration has been issued

by a recognized inbred or hybrid registry association. Certificates of

pure breeding or registration for inbred or hybrid swine shall be

presented at the time of appraisal or such swine will be appraised as

grades, provided, however, that in the absence of such certificates or

registrations the commissioner may grant a reasonable time for the

presentation of such certificates or registrations to the appraiser.

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

sale of the swine and indemnity from the federal government and

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

specifically limited by this section, equal but not exceed the full

appraised value of the swine.

5. The commissioner may adopt and enforce rules and regulations, and

may cooperate with the authorities of the United States government and

with local officials, to implement the provisions of this section.