N.Y. Comp. Codes R. & Regs. tit. 1 § 68.2

Current through Register Vol. 46, No. 50, December 11, 2024
Section 68.2 - General health requirements for captive cervids
(a)Applicability.

The requirements of this Part apply to all captive cervid operations.

(b)Mandatory reporting.

Any person having knowledge of a suspected or confirmed case of chronic wasting disease or tuberculosis in captive cervids shall report the event to the department within 24 hours.

(c)Movement of captive cervids.

No pperson shall import, move or hold captive cervids into or within New York State except in compliance with the requirements of this Part. A valid certificate of veterinary inspection shall accompany all cervids imported into New York State, with the exception of those moving directly to slaughter. In addition, no person shall import or move captive cervids into the State or within the State for any purpose, including slaughter unless a movement permit authorizing such movement has been obtained from the department prior to such movement. An application for movement permit may be obtained by calling the department during normal business hours and, when submitted for a herd located within the State, must be accompanied by the most recent Inspection Report. In the event that an applicant for a movement permit is required to but does not possess the most recent Inspection Report, the department will replace the Inspection Report upon payment of an amount commensurate with the department's cost in doing so. Except for cervids moving directly to slaughter, movement permits shall be issued only for captive cervids that meet the New York State animal health requirements for captive cervids of this Part. All cervids to be moved, other than cervids moving directly to slaughter, must have approved, unique and tamper evident identification prior to movement. The removal or alteration of any official form of animal identification without the prior permission of the department is prohibited.

(d)Enforcement.

Violations of the provisions of this Part are subject to the enforcement actions authorized by the Agriculture and Markets Law, including, but not limited to, monetary penalties and injunctive action.

(e)Facilities.

All captive cervid operations and all cervid slaughter facilities shall provide appropriate refrigeration and storage facilities to contain and preserve CWD and tuberculosis samples obtained from harvested slaughtered and deceased cervids for at least 72 hours following slaughter notification, as required by the CWD Certified or Monitored Herd Program and the Tuberculosis Surveillance Program. All captive cervid perations, with the exception of special purpose herds, shall have proper restraining facilities, chutes, gates and corrals to capture and restrain the cervids for diagnostic testing and inventory purposes. Capture and restraint of captive cervids shall be the responsibility of the owner.

(f)Fencing.

All captive cervid operations shall establish a continuous barrier fence designed and constructed to prevent the escape of captive cervids and the entry of free ranging cervids. The perimeter fence shall be constructed of industry standard materials and a size suitable for this purpose.

(g)Herd integrity.

Separate herd inventories, biosecurity, records, working facilities, watering facilities, equipment and land use shall be maintained for each distinct herd for which an individual CWD or tuberculosis status is sought, irrespective of ownership. No commingling of animals shall occur between distinct herds with individual disease status unless program movement requirements for herd status are met. Movement of animals between such herds shall be recorded as if they were separately owned herds.

(h)Sample collection.

Individuals who have passed State or USDA approved sample collection training may collect and submit samples to support tuberculosis and CWD program requirements.

(i)Premises location.

All captive cervid locations shall be identified by a Federal premises identification number issued by the department and USDA/APHIS. The owner of the cervids must provide an adequate geographic location description and contact information to receive a Federal premises identification number.

(j)Mandatory Relationships.

An owner of a new herd shall enter into and have a Veterinary Client Patient Relationship (VCPR) with a veterinarian immediately upon the creation of the new herd. The owner of an existing herd shall enter into and have a VCPR with a veterinarian, not later than January 1, 2026. Notwithstanding the forgoing, an owner who has not complied with the requirement set forth herein shall have ninety days from the date that compliance is required to enter into a VCPR.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 68.2

Amended, New York State Register April 16, 2014/Volume XXXVI, Issue 15, eff. 4/16/2014
Amended New York State Register November 23, 2022/Volume XLIV, Issue 47, eff. 11/23/2022