Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-31-2 - Definitions2.1. "Ambulatory disabled" means being capable of walking, but with a physical impairment that severely limits or threatens the ability to walk.2.2. "Best management practices" means procedures in livestock production to enhance animal production, comfort, and safety, as well as productivity and product acceptability.2.3. "Biologicals" means products intended for diagnostic or therapeutic purposes in animals other than man.2.4. "Bio-security" means preventing introduction of new organisms to an agricultural operation, as well as controlling organisms already present on the agricultural operation.2.5. "Body condition score" means an industry accepted evaluation of an animal's body fat and muscle mass as related to skeletal dimension and stage of production.2.6. "Captive cervid farming facility" means a facility which is licensed to hold cervids in a permanent enclosure.2.7. "Cattle" means any bison or bovine raised for dairy or meat production.2.8. "Cervid" means all members of the family Cervidae and hybrids, including deer, elk, moose, caribou, reindeer, and related species, both native and exotic.2.9. "Coggins" means the common name for the agar gel immunodiffusion test for diagnosis of the Equine Infectious Anemia (EIA).2.10. "Commissioner" means the West Virginia Commissioner of Agriculture or his or her designee.2.11. "Department" means the West Virginia Department of Agriculture.2.12. "Dispossess" means to use available means to, as humanely as possible and in emergency circumstances, terminate the life of diseased or disabled livestock or poultry.2.13. "Distress" means a condition that occurs when livestock are injured, sick or in physical pain.2.14. "Emergency situation" means a serious unexpected and often dangerous situation requiring immediate action.2.15. "Equine" means an animal that is a member of the Equine genus including horses, ponies, mules, asses, donkeys, and zebras.2.16. "General quarantine" means a confined area under the direct supervision and control of a State or Federal animal health official, who shall establish procedures for the accounting of all animals entering or leaving the area.2.17. "Handling" means the moving, confining, or restraining of livestock for management practice, relocating, loading or unloading.2.18. "Henneke body score" means a numerical scale used to evaluate the amount of fat on a horse's body based on both visual appraisal and palpable fat cover of the six major points of the horse that are most responsive to changes in body fat. It is the scientific method of evaluating a horse's body condition regardless of breed, body type, sex or age.2.19. "Herd or flock" means a group of animals or birds that live, feed or travel together.2.20. "Licensed and accredited veterinarian" means any veterinarian licensed to practice veterinary medicine in the state of West Virginia and accredited by the State Veterinarian and APHIS (Animal and Plant Health Inspection Service), VS (Veterinary Service) in accordance with provisions of Part 161, Title 9, CFR (Code of Federal Regulations) and pre-approved to perform certain functions of Federal and cooperative State-Federal programs.2.21. "Livestock" means cattle, horses, swine, sheep, goats, cervids, or any other animal of the bovine, equine, porcine, ovine or caprine species, cervidae, and domestic poultry.2.22. "Non-ambulatory disabled" means being unable to rise from a recumbent position or being unable to walk.2.23. "Pharmaceuticals" means medication or medicine.2.24. "Poultry" means any birds raised commercially or domestically for meat, eggs, feathers and pets.2.25. "Quarantine" means a confined area., a minimum of 200 yards from any animal, and under the direct supervision and control of a State or Federal animal health official, who shall establish procedures for the accounting of all animals entering or leaving the area.2.26. "Responsible party" means a person who is the owner of the livestock or a person who has current responsibility of custody of the livestock.2.27. "Responsible law enforcement officer" means the sheriff, humane officer, or other agent designated by the county commission in each county for the investigation and enforcement of inhumane treatment of livestock or other animals.2.28. "Shelter" means any cover man made or natural that gives livestock protection from the elements.2.29. "Small Ruminants" means sheep and lambs, goats, alpacas and llamas.2.30. "Soring" means the practice of applying an irritating or blistering agent, internally or externally, to any limb of a horse; any burn, cut or laceration that has been inflicted by a person on any limb of horse; any tack, nail, screw, or chemical agent has been injected by a person into or used by a person on any limb of a horse; or the application of any other substance or device that has been used by a person on any limb of a horse and, as a result of such application, infliction, injection, use, or practice, such horse suffers, or can reasonably be expected to suffer physical pain or distress, inflammation, or lameness when walking, trotting or otherwise moving. The term does not include such application, infliction, injection, use or practice in connection with the therapeutic treatment of a horse by or under the supervision of a person licensed to practice veterinary care.2.31. "Swine" means any various stout-bodied short-legged omnivorous artiodactyl mammals (family Suidae).2.32. "Vaccination" means the inoculation of an animal with a vaccine.2.33. "Vaccine" means a suspension of attenuated or killed microorganisms (viruses, bacteria, or rickettsiae) or of antigenic proteins derived from them, administered for the prevention, amelioration, or treatment of infectious diseases.2.34. "Valid veterinarian-client-patient relationship" means a relationship where the veterinarian has assumed the responsibility for making judgments regarding the health of the animal and the need for veterinary treatment, and the client, whether owner or other caretaker has agreed to follow the instruction of the veterinarian; there is sufficient knowledge of the animal by the veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal. This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept; and the practicing veterinarian is readily available or shall provide medical service for follow-up in case of adverse reactions or failure of the regimen of therapy. A new regimen of therapy shall be contingent only upon cooperation of the client and availability of the subject animal.2.35. "Veal" means a young bovine raised for the purpose of veal meat production.