2013 New York Consolidated Laws
AGM - Agriculture & Markets
Article 5 - (72 - 96) DISEASES OF DOMESTIC ANIMALS; CALVES AND VEAL; PURE BRED STOCK; CERTIFICATES OF REGISTRY.
95-C - Examination of horses for equine infectious anemia.

 
    § 95-c. Examination  of  horses  for equine infectious anemia.  1. The
  commissioner or his authorized agent may cause to be administered to any
  horse within the state any test he finds  appropriate  for  ascertaining
  the  presence  or  absence  of  equine  infectious anemia, also known as
  "swamp fever."  Upon order of the commissioner or his authorized  agent,
  the  owner,  custodian  or harborer of any horse shall confine, present,
  control and restrain such animal or animals for the examinations,  tests
  and  identification  procedures  the commissioner deems necessary and if
  exposure to equine infectious anemia is apparent, the commissioner shall
  order confinement for a period up to sixty days or until a negative test
  can be obtained.   During  the  period  of  such  test,  and  until  the
  commissioner  or  his agent shall otherwise direct, the owner, custodian
  or harborer of any  animal  being  tested  shall  keep  such  animal  in
  segregation or confinement as the commissioner's agent shall direct, and
  no  person  shall  remove a horse under test from the premises where the
  test is being conducted, nor remove from the horse, or alter  or  deface
  any temporary identification marks or devices affixed for the purpose of
  the  test,  except  with  the  written  consent  of  the  commissioner's
  authorized agent.
    2. (a) Any horse  found  by  the  commissioner  after  testing  to  be
  infected with equine infectious anemia may be freeze branded in a manner
  prescribed by the commissioner. Upon notification of the results of such
  test,  the  owner,  custodian  or  harborer  of  any animal found by the
  commissioner to be infected with equine infectious anemia shall confine,
  present and restrain  such  animal  for  freeze  branding  by  any  duly
  authorized agent of the commissioner at such time as he may direct.
    (b)  Notwithstanding  any other provisions of law, the owner, harborer
  or custodian of any horse freeze branded pursuant to this section  shall
  not be indemnified for any loss in value of such animal.
    (c)  The  term  "horse" as used throughout this section shall apply to
  the entire family of equidae. The commissioner may by regulation exclude
  from  the  provisions  of  this  section  horses  within   defined   age
  categories.
    3.  No  person  shall  import or bring into the state any horse unless
  such horse has been tested for  equine  infectious  anemia  and  reacted
  negatively  within  a period prior to entry, and in a manner, prescribed
  by the commissioner in regulations.
    4. No person shall transport on any public highway within  this  state
  any horse unless such horse has been tested for equine infectious anemia
  and reacted negatively within a period prior to such transportation, and
  in a manner, prescribed by the commissioner in regulations.
    5.  No  person  shall  sell,  exchange,  barter or give away any horse
  unless such horse has been  tested  for  equine  infectious  anemia  and
  reacted  negatively within a period prior to such transfer of ownership,
  and in a manner, prescribed by the commissioner in regulations.
    6. Subdivisions three, four and five of this section shall  not  apply
  to  horses  which are imported, sold, exchanged, bartered, given away or
  transported under permit from the commissioner or his  authorized  agent
  for  immediate  slaughter,  research  or  such  other  purposes  as  the
  commissioner finds are consistent with the control  and  eradication  of
  equine   infectious   anemia,  as  prescribed  by  the  commissioner  in
  regulations.