N.Y. Pub. Health Law § 2140

Current through 2024 NY Law Chapter 457

Section 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.

N.Y. Pub. Health Law § 2140

Amended by New York Laws 2021, ch. 322,Sec. 50, eff. 8/2/2021.

Amended by New York Laws 2013, ch. 163,Sec. 1, eff. 7/24/2013.