N.Y. Public Health Law § 2140: Definitions

§ 2140. Definitions. For the purpose of this title:

1. "Actively immunized" shall mean that the animal has been injected

with a rabies vaccine suitable to the species and which meets the

standards prescribed by the United States department of agriculture for

interstate sale and which was administered according to the

manufacturer's instructions under the direction of a duly licensed

veterinarian not later than the expiration date on the package. Active

immunization shall begin fourteen days following primary vaccination or

immediately following a booster vaccination, and continue for the period

stated in the manufacturer's instructions.

2. "County" shall mean a county of the state other than those in the

city of New York.

3. "County health authority" shall mean the county health agency.

4. "Domestic livestock" includes cattle, goats, horses, donkeys,

mules, sheep, and swine.

5. "Certificate of immunization" shall mean a signed statement issued

by the veterinarian containing the following information: name and

address of the owner, date or dates of vaccination, type of vaccine

administered and duration of immunity, amount and manner of

administration, name of manufacturer of the vaccine, and the lot number

and expiration date of the vaccine. The certificate of immunization for

domestic livestock may include multiple animals. The system of

identification applicable to the livestock is to be used.

6. "Owner" shall mean any person keeping, harboring, or having charge

or control of, or permitting any dog, cat or domesticated ferret to

remain on or be lodged or fed within such person's house, yard, or

premises. This term shall not apply to veterinarians or other

facilities temporarily maintaining on their premises dogs, cats or

domesticated ferrets owned by others for periods of no more than four

months or to the owner or occupant of property inhabited by a feral

animal.

7. "Confinement and observation" refers to the conditions under which

apparently healthy dogs, cats, domesticated ferrets, and domestic

livestock, which are not exhibiting symptoms of rabies, must be

maintained to determine rabies status if such an animal has potentially

exposed a person to rabies, and the owner wishes to avoid euthanizing

and testing the animal. If the county health authority does not approve

home confinement, the ten day confinement and observation period must

take place, at owner's expense, at an appropriate facility such as an

animal shelter, veterinarian's office, kennel or farm. The confinement

must include (i) provisions to prevent escape of the animal during the

confinement period and (ii) requirements that the owner notify the

public health authority immediately if the animal becomes ill at anytime

during confinement, and (iii) verification by the county health

authority or their designee at the end of the ten day period that the

animal is healthy. If a police work dog bites an individual in the

course of such dog's official duty the police department may apply for a

waiver from confinement from the local department of health. As part of

such application for a waiver, the police department shall provide the

local health department with records of such dog's past vaccination for

rabies and proof that such dog's rabies vaccinations are up-to-date.

8. "Quarantine" refers to a six month period of restriction for

animals which are not actively immunized against rabies and have been

exposed to a potentially rabid animal, in accordance with applicable

regulations of the department. The quarantine must include provisions to

prevent escape of the animal during the quarantine period and to

minimize contacts with humans and other animals, and these provisions

must be verified by the county health authority during and at the end of

the six month period.

9. "Local residence", under the conditions hereinafter specified,

shall mean any person who has his or her primary residence, secondary

residence, vacation home or school within a county of the state of New

York shall be deemed to have local residence in such county.

10. "Qualification on residence." Local residence shall not include

residence:

(a) as an incarcerated individual of any state or federal prison, or

(b) on a military reservation.

11. "Initial treatment after human exposure to rabies" shall mean

administration of the first postexposure dose of rabies vaccine and,

when necessary, administration of rabies immune globulin.

12. "Animal control officer" shall mean one or more persons designated

by the county health authority as having responsibility for animal

control issues in the county. This responsibility may be delegated to

others such as cities and towns, law enforcement agencies, animal

shelters, or private nuisance control officers.

13. "Feral animal" shall mean any cat, dog or ferret that is born in

the wild and is not socialized, is the offspring of an owned or feral

cat, dog or ferret and is not socialized, or is a formerly owned cat,

dog or ferret that has been abandoned and is no longer socialized.