How to Investigate Animal Cruelty in NY State – A Manual of Procedures

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STATUTES AND REGULATIONS RELATING TO MOVEMENT AND TRANSFER OF HORSES AND OTHER EQUIDAE

Codes, Rules and Regulations of the State of New York (1 NYCRR, Part 64)
(Statutory Authority: Agriculture & Markets Law)

Section

64.1 General Requirements

  1. No horse or other equidae shall be imported into the State, unless:
    1. exempted by the provisions of section 64.5 or 64.9 of this Part; or
    2. accompanied by a certificate of veterinary inspection signed by a veterinarian licensed and accredited by the state or country in which a physical examination of the animal was made and, further provided, that no such animal shall enter the State until the original of said certificate has been placed in the mail for delivery first class to the chief veterinarian of the state or country where the examination was made; or
    3. if imported into New York for a purpose other than breeding or sale, it is accompanied by a valid Equine Interstate Passport or the equivalent issued under the authority of the state of origin and bearing the signature of the state veterinarian. chief animal health officer or the equivalent of the state of origin.

64.2 Form of certificate, permit or equivalent

  1. The information on the aforesaid certificate of veterinary inspection, Equine Interstate Passport or the equivalent shall include the name of the owner or trainer of the animal or animals. together with the complete address, date of examination, and name, breed or association registration number if any, breed, brand, tattoo if any, sex, age, color and markings of each animal listed on the certificate. In addition, a certificate of veterinary inspection shall include the consignee or destination in New York with the address, number of animals examined, and the establishment or premises where the animals were examined.
  2. Said certificate of veterinary inspection, Equine Interstate Passport or the equivalent shall also include, or have attached thereto, a report of a USDA approved negative agar gel immunodiffusion test, ELISA test or other U.S.DA-approved test for equine infectious anemia which complies with the provisions of section 64.4 of this Part.
  3. The commissioner, when he or she deems it appropriate, such as in the case of an outbreak of an infectious or contagious disease, may require that the certificate of veterinary inspection, Equine Interstate Passport or the equivalent, include additional certifications concerning the health status of the herd or state of origin.

64.3 Time limitation of certificate

  1. The aforesaid Equine Interstate Passport or the equivalent shall be valid for the purposes of this Part, for 6 months following the date of examination appearing on the permit or 12 months after the date of the negative equine infectious anemia test, whichever is earlier.
  2. The aforesaid certificate of veterinary inspection shall be valid for the purposes of this Part, until and including the 30th day following the date of examination appearing on the certificate.

64.4 Test requirements for importation

  1. No horse or other equidae six months or more of age, unless exempted by the provisions of section 64.5 or 64.9 of this Part, shall be imported or brought into the State unless the custodian of such animal has in his possession at the time of entry a report of a negative agar gel immunodiffusion test, a competitive ELISA test or other U.S.D.A. approved test for equine infectious anemia for such animal.
  2. Said test shall have been conducted during the 12-month period prior to entry into the State.
  3. Said test shall have been conducted by a laboratory approved for the purpose by the United States Department of Agriculture and by the New York State Department of Agriculture and Markets.
  4. Said test report shall include:
    1. a complete description of the animal, including name, registration number if any, breed, brand, tattoo if any, sex, age, color and markings;
    2. the name and address of the owner;
    3. the date the test was conducted; and
    4. the name and address of the laboratory that conducted the test.
  5. Said test report shall be signed by:
    1. a duly licensed veterinarian;
    2. the director of the laboratory where the test was conducted; or
    3. the chief livestock health official of the state or country of origin of such animal.
  6. Said test report shall be retained by the custodian of such animal for a period of 90 days after the date of importation, or until the animal changes ownership in accord with the provisions of section 64.8 of the Part, and during such period said report shall be made available for examination by the Commission of Agriculture and Markets or his authorized agent on request at all reasonable times.

64.5 Importation for immediate slaughter

The provisions of the foregoing sections of this Part notwithstanding, any horse or other equidae may be imported for immediate slaughter, and only for such purpose, without a health certificate or negative test for equine infectious anemia, by making application to the Commissioner of Agriculture and Markets and by complying with the provisions set forth in an application agreement required by the commissioner prior to importation.

64.6 Importation from certain areas

  1. Any horse or other equid originating in a state or country in which the disease Venezuelan equine encephalomyclitis is known to exist, or which has been in a state or country adjoining or contiguous to a state or country in which the disease is known to exist, shall not be transported into the State of New York, or harbored, or kept in this State for any purpose, unless such animal has been vaccinated to prevent said disease at least 14 days prior to entry into this State.
  2. No horse or other equid shall be brought into New York State from the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont unless the custodian of such horse has in his or her possession at the time of entry a health certificate issued by a veterinarian attesting that:
    1. the horse has not been exposed to equine viral arteritis or that the horse has been vaccinated against equine viral arteritis: and
    2. has not been exposed either directly or indirectly to equine infectious diseases in the foregoing states.

64.7 Test requirements for transport

  1. No horse or other equidae six months or more of age, unless exempted by the provisions of section 64.5 or 64.9 of this Part, shall be transported on any public highway within the State unless the custodian of such animal has in his possession during the period of such movement a report of a negative agar gel immunodiffusion test, a competitive ELISA test or other U.S.D.A. approved test for equine infectious anemia for such animal.
  2. Said test shall have been conducted during the calendar year in which the movement takes place or in the preceding calendar year.
  3. Said test shall have been conducted by a laboratory approved for the purpose by the United States Department of Agriculture and Markets and by the New York State Department of Agriculture and Markets.
  4. Said test shall include:
    1. a complete description of the animal, including name, registration number if any, breed, brand, tattoo if any, sex, age, color and markings.
    2. the name and address of the owner;
    3. the date the test was conducted; and
    4. the name and address of the laboratory that conducted the test.
  5. Said test report shall be signed by:
    1. a duly licensed veterinarian;
    2. the director of the laboratory where the test was conducted; or
    3. the chief livestock health official of the state or country of origin of such animal.

64.8 Test Requirements for sale or other change of ownership

  1. No horse or other equidae six months or more of age, unless exempted by the provisions of section 64.5 or 64.9 of the Part, shall be sold, exchanged, bartered or given away, unless such animal has been subjected to an agar gel immunodiffusion test, a competitive ELISA test or other U.S.D.A. approved test for equine infectious anemia and reacted negatively within 12 months prior to such transfer of ownership.
  2. Said test shall have been conducted by a laboratory approved for the purpose by the United States Department of Agriculture and by the New York State Department of Agriculture and Markets.
  3. At the time of such transfer of ownership, the transferor shall deliver, personally or by certified mail, to the transferee a copy of the report of such negative test, which shall include:
    1. a complete description of the animal, including name, registration number if any, breed, brand, tattoo if any, sex, age, color and markings;
    2. the name and address of the owner;
    3. the date the test was conducted; and
    4. the name and address of the laboratory that conducted the test.
  4. Said test report shall be signed by:
    1. a duly licensed veterinarian;
    2. the director of the laboratory where the test was conducted; or
    3. the chief livestock health official of the state or country of origin of such animal.

64.9 Other authorized movement or transfer

  1. The provisions of sections 64.1, 64.4, 64.7, and 64.8 of this Part shall not apply to any horse or other equidae which is imported, sold, exchanged, bartered, given away or transported for purposes of immediate slaughter if an owner/shipper statement accompanies the horse from the premise of origin to the livestock market. Such statement shall include the name of the consignor, the name of the market, individual identification of the horses present and the number of horses in the shipment. Upon arrival at the livestock market, such horses will be identified with a green equine waybill backtag applied to the left hip which will serve as a permit for their movement to slaughter within 14 days of the date of purchase. Buyers wishing to purchase animals identified with the equine waybill backtag may do so at their own risk provided that an equine infectious anemia test sample is drawn by a veterinarian prior to movement from the market and the equine waybill backtag remains affixed to the animal until the negative results are received.
  2. The provisions of section 64.8 of this Part shall not apply to any horse claimed in any claiming race conducted by any racetrack licensed by the New York State Racing and Wagering Board, and such horse need not be retested for equine infectious anemia provided such horse and all other horses admitted to said track have been tested and found negative for the disease within one year prior to the date of the claim.
  3. The commissioner hereby finds that the exemptions set forth in this section are consistent with the control and eradication of equine infectious anemia.

64.10 Transportation of horses

  1. Definitions. For the purposes of this section, the following terms shall have the following meanings:
    1. Horse means the entire family of equidae.
    2. Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
  2. Every vehicle utilized for the transportation of more than six horses shall meet the following specifications:
    1. Doorways used by horses shall be wide enough to allow each horse to enter and exit without touching the sides of the doorway. The top of each doorway shall be at least 12 inches above the withers of the largest horse, while that horse is in a natural standing position, transported in the vehicle.
    2. There shall be sufficient space for each horse carried in the vehicle to allow each horse to be transported in a humane manner and without the infliction of pain, suffering, injury or death.
    3. There shall be sufficient space for each horse carried in the vehicle to allow each horse to be transported in a humane manner and without the infliction of pain, suffering, injury or death.
    4. The top of all partitions shall be at least five feet from the floor. If there is a space between the floor and the bottom of the partition, it shall be 12 inches. If slatted partitions are used, there shall be gaps of not more than two inches between the slats.
    5. Every vehicle shall be in compliance with all of the applicable laws of this State and the United States and the rules and regulations promulgated thereunder.
  3. Every police officer, and every peace officer who acts pursuant to his special duties, shall have full access to any vehicle for the purpose of determining whether that vehicle is in compliance with this section and section 368. a of the Agriculture & Markets Law.

64.11 Importation of thoroughbred stallions for breeding; test for equine viral arteritis required.

No thoroughbred stallions shall be imported into the State for breeding purposes unless found serologically negative to an equine viral artertitis bloodtest within 30 days prior to importation or serologically negative prior to vaccination against equine viral arteritis and subsequently proven nota shedder of the disease. The results of such tests shall be duly recorded on the interstate certificate for that horse.

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