N.Y. Agriculture & Markets Law § 95-c: Examination of horses for equine infectious anemia

§ 95-c. Examination of horses for equine infectious anemia. 1. 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, nor 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.

2. (a) 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.

(b) 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.

(c) 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.

3. 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.

4. 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 regulations.

5. 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.

6. 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.