N.Y. AGM Law § 90 — New York Code / Act AGM / Article 5 / Section 90
Examination of cattle for Bang's disease
Status: in_force

§ 90. Examination of cattle for Bang's disease. 1. The commissioner,\nwithin the amounts appropriated for such purpose, may cause an\nappropriate test for ascertaining the presence or absence of bovine\ninfectious abortion, commonly known as and hereafter termed "Bang's\ndisease," to be made by competent and authorized veterinarians and cause\nsuch bovine animals to be subjected to periodic retests when deemed\nnecessary by the commissioner. If, from such examination or test, any\nanimal be deemed by the commissioner to be infected with Bang's disease\nand its condition be such as to render it undesirable for the production\nof milk or a menace to the health of other animals or persons, such\nanimal may be immediately removed from the herd, slaughtered or\notherwise disposed of as the commissioner may prescribe.\n  2. If after examination an animal be found to be suffering from Bang's\ndisease such animal may be slaughtered under the provisions of this\nsection, or the commissioner may enter into a written agreement with the\nowner for keeping such animal in segregation, or the commissioner may,\nif the condition of such animal warrants it, consign such animal to any\none of the experiment stations or farms owned or controlled by the\nstate, or by any county of the state, or to the farms of such public\ninstitutions in the state as the commissioner shall approve, or to\nhospitals, sanitariums or other institutions existing in whole or in\npart for the purpose of suppressing such bovine disease; there to be\nkept and used for breeding, dairy or experimental purposes under\nregulations to be prescribed by the commissioner.\n  3. No animal showing evidence of Bang's disease as a result of the\nofficial test shall be sold, except under the supervision of the\ncommissioner. No such animal shall be removed from the premises where\nexamined, or from any other premises, except upon the written permission\nof the commissioner. No such animal shall be slaughtered except under\nthe supervision of a veterinarian designated by the commissioner as\nprovided in section eighty-six of this chapter.\n  4. In the case of a bovine animal killed on account of positive\nreaction to Bang's disease, the owner shall, in the discretion of the\ncommissioner, and within the amount appropriated for such purpose, be\nentitled to receive indemnity in a sum equal to seventy-five per cent of\nthe difference between the full appraised value of the animal and the\ntotal of the amounts received by the owner from the federal government\nas indemnity and from the sale of the animal as salvage, but not\nexceeding the sum of one thousand five hundred dollars for a registered\npure bred animal and not exceeding the sum of five hundred dollars for\nany other bovine animal.\n  The commissioner may, in his discretion at the request of the owner,\norder the slaughter of non-reactor animals if he finds that they have\nbeen exposed to Bang's disease as a member of an infected herd and that\nthe entire herd should be depopulated to control the spread of the\ndisease. In such case, the owner shall be entitled to receive, within\nthe amount appropriated for such purpose, indemnity in an amount equal\nto the difference between the full appraised value of the animal and the\ntotal of the amounts received by the owner from the federal government\nas indemnity and from the sale of the animal as salvage, but not\nexceeding the sum of three hundred dollars for a registered pure bred\nanimal or one hundred seventy-five dollars for any other bovine animal.\n  The commissioner may, in his discretion, order the slaughter of any\nanimal, or of all or part of any herd, which he finds has been exposed\nto Bang's disease by association with a positive reactor or by any other\nmanner of exposure which he finds may make the animal or herd liable to\ncontract or communicate the disease. In such case, the owner shall be\nentitled to receive, within the amount appropriated for such purpose,\nindemnity for each reactor animal and for each non-reactor animal as set\nforth in this subdivision unless the commissioner finds that such owner\nhas failed to comply with any laws, rules or regulations relating to the\ncontrol or eradication of brucellosis.\n  Final payment of state moneys due the owner of animals slaughtered as\nset forth in this subdivision shall be made within sixty calendar days\nafter the order is signed by the commissioner. In the event payment is\nnot made within such period, interest thereafter at the rate of eight\nper centum per annum on the amount of the said moneys owed shall be paid\nto the owner in a single lump sum calculated from the end of the sixty\nday period until the final payment is made.\n  For purposes of this section, the term "registered pure bred animal"\nshall include a pure bred animal less than three years of age, not\nregistered but eligible for registry, for which application for registry\nhas been duly made prior to the appraisal. Pure bred animals three years\nof age or over, not registered at the time of appraisal, shall be\nappraised at grade value.\n  5. No indemnity shall be paid unless the animal shall, at the time\nordered destroyed, have been within the state for at least three months,\nand provided further that the animal came into the state in accordance\nwith the then existing laws and regulations relative to Bang's disease.\n  6. The commissioner, within the limits of the amount appropriated for\nsuch purpose or purposes, may initiate an official program of calfhood\nvaccination, may cause blood samples to be taken, may have such samples\ntested, and may make necessary rules and regulations relative thereto,\nand provide for identifying and recording all vaccinated animals in\norder that all such animals may be properly and officially supervised.\nThe commissioner may cooperate for such purpose or purposes with federal\nor county officials upon such terms as he approves.\n