N.Y. Comp. Codes R. & Regs. tit. 1 § 351.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 351.1 - Definitions

For the purposes of this Part:

(a) Accredited veterinarian means a veterinarian approved as a category 2 accredited veterinarian by the Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture to perform the functions of Federal and cooperative State-Federal programs for animal disease control.

(b) Animal means any living creature, except a human being.

(c) Cattle means any member of the genus Bos.

(d) Commissioner means the Commissioner of Agriculture and Markets of the State of New York and any officer or employee of the Department of Agriculture and Markets of the State of New York duly delegated pursuant to section 17 of the Agriculture and Markets Law.

(e) Deer means any member of the family Cervidae including deer, elk and moose.

(f) Department means the New York State Department of Agriculture and Markets.

(g) Fair means any fair or exposition, which qualifies for premium reimbursement under Agriculture and Markets Law, section 286, and the New York State Fair.

(h) Flock means all poultry on one farm except that, at the discretion of the commissioner, any group of poultry which is segregated from another group and has been so segregated for a period of at least 21 days may be considered as a separate flock.

(i) Herd means:

(1) any animals under common ownership or supervision that are grouped on one or more parts of any single premises (lot, farm or ranch);

(2) all animals under common ownership or supervision on two or more premises that are geographically separated, but on which the animals have been interchanged or where there has been contact among the animals on the different premises. Contact between animals on the different premises will be assumed unless the owner establishes otherwise and the results of an epidemiological investigation are consistent with the lack of contact between premises; or

(3) all animals on common premises, such as community pastures or grazing association units, but owned by different persons. Other groups of animals under the same ownership which are located on other premises are considered to be part of this herd unless an epidemiological investigation establishes that animals from the affected herd have not had the opportunity for direct or indirect contact with animals from that specific premises.

(j) Herd of origin means any herd of animals or any farm or other premises where the animals were born or where animals have been kept for four months or more before the date of shipping, provided animals from other premises have not been assembled on the farm or premises within four months before the date of shipment.

(k) Horse means any member of the family Equidae including horses, asses, mules and zebras.

(l) Interstate certificate of veterinary inspection means the original preprinted document which:

(1) is issued by an accredited veterinarian and approved by the chief livestock health official or such official's designee of the state or country of origin;

(2) identifies each animal to be moved into this State with U.S.D.A. approved official identification where applicable. For species that U.S.D.A. has not defined approved identification the identification shall be in a form approved by the commissioner. All manmade identification shall be recorded including all ear tags, ear notches, tattoos and electronic identification devices carried by the animal, its species, breed, age, sex, registration number and any other unique description; and

(3) includes the full name and address of both consignor and consignee, the date of issue, the dates and results of qualifying tests, the anticipated date of entry of the animal into New York State, and a statement that the individual animal and that animal's herd of origin has been inspected by a category 2 accredited veterinarian and no evidence of infectious, contagious or communicable disease was found (except where noted) and that the results of the tests are as indicated.

(m) Intrastate certificate of veterinary inspection means the original preprinted document which:

(1) contains the name and address of the owner;

(2) identifies each individual animal with U.S.D.A. approved official identification where applicable. For species that U.S.D.A. has not defined approved identification the identification shall be in a form approved by the commissioner. All manmade identification shall be recorded including all ear tags, ear notches, tattoos and electronic identification devices carried by the animal, its species, breed, age, sex, registration number and any other unique description;

(3) includes a statement that the individual animal and that animal's herd of origin has been inspected by a category 2 accredited veterinarian on or after May 1st of the current year and no evidence of infectious, contagious or communicable disease was found (except where noted);

(4) verifies that all required vaccinations and tests have been performed and provides a record of the results of any or all required tests; and

(5) includes the signature of the accredited veterinarian who has inspected the animals identified on the certificate verifying the accuracy of the statements thereon.

(n) New World camelidae means any member of the camelidae family native to South America, including alpacas (Vicugna pacos), llamas (Lama glama), guanacos (Lama guanicoe) and vicunas (Vicugna vicugna).

(o) Primary vaccination means the initial injection of a vaccine suitable for the species that meets the standards prescribed by the U.S.D.A. for interstate sale and is administered according to the manufacturer's instructions under the direction of a licensed veterinarian.

(p) Poultry means domesticated fowl, including chickens, turkeys, waterfowl and game birds, except doves and pigeons.

(q) Ruminant means any member of the suborder Ruminatia including cattle, goats, sheep, bison, giraffes and antelope.

(r) State means New York State.

(s) Swine means any member of the family Suidae, feral or domestic.

(t) U.S.D.A. means United States Department of Agriculture.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 351.1