NY Agric & Mkts L § 88 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 5 - Diseases of Domestic Animals; Calves and Veal; Pure Bred Stock; Certificates of Registry. 88 - Indemnity.

§ 88. Indemnity.  The following provisions shall govern the payment of   indemnity to owners of animals killed pursuant to the provisions of this   article:1.  In  the case of a bovine animal so killed to prevent the spread of   tuberculosis, the owner shall be entitled to receive the net proceeds of   the sale of the animal, and in addition thereto shall be paid  indemnity   in  a  sum sufficient to secure to the owner the full appraised value of   the animal, but not exceeding the sum  of  six  hundred  dollars  for  a   registered  pure  bred  animal or for a pure bred animal less than three   years of age, not registered but eligible  for  registry,  for  which  a   reasonable  time  shall  be granted for the presentation of registration   papers to the department, and not exceeding  the  sum  of  five  hundred   dollars  for  any other bovine animal. In the case of a pure bred animal   three years of age or over not registered at the time of appraisal, such   animals shall be appraised at grade value, and in computing indemnity to   be paid for such animal any other appraised value shall be excluded. The   total amount receivable by the owner from the net proceeds of  the  sale   of  the  animal  and indemnity from the federal government and indemnity   from the state shall, in every case  except  as  otherwise  specifically   limited  by  this  subdivision,  equal but not exceed the full appraised   value of the animal.If  a  bovine  animal  for  which  indemnity  has  not  been  paid  is   slaughtered  at  an establishment under state or federal meat inspection   and the carcass thereof  is  found  upon  post  mortem  examination  and   laboratory  analysis  to  contain tubercular lesions and such carcass is   condemned and destroyed pursuant to state or  federal  regulations,  the   owner  thereof  shall  be  entitled to receive as indemnity four hundred   dollars for carcasses weighing four hundred  pounds  or  less,  and  six   hundred dollars for carcasses weighing more than four hundred pounds.2.  No  indemnity  shall be paid to any person who shall have made any   false representation, oral or written, in applying to  the  commissioner   for an examination of his or her animals, or who shall have violated any   agreement  with  the state regarding such animals, entered into pursuant   to a provision of this chapter, or who shall have failed to comply  with   any  instructions  or directions given by the commissioner in respect to   the control or eradication of any infectious  or  communicable  diseases   among  animals, or who shall have failed to comply with any provision of   this article or rule or regulation promulgated pursuant to such article,   relating to the prevention, control, suppression or eradication of  such   disease;  provided  that indemnity may be allowed when payment is deemed   by the commissioner  to  further  the  public  interest  in  preventing,   controlling,  suppressing,  or  eradicating  the disease with respect to   which indemnity is sought.3. If upon post-mortem examination of an  equine  animal  evidence  of   glanders  be  found,  and  such animal shall not have exhibited physical   symptoms of such disease, indemnity equal to ninety per  centum  of  the   appraisal  value,  or so much thereof as shall not exceed the sum of one   hundred and twenty-five dollars, shall be paid. If the animal shall have   exhibited  such  physical  symptoms  of  glanders,  indemnity  equal  to   twenty-five  per  centum  of  the appraised value, or so much thereof as   shall not exceed the sum of one hundred and twenty-five  dollars,  shall   be paid.4.  No  indemnity shall be paid unless the animal, if an equine, shall   at the time ordered destroyed, have been within the state  of  New  York   for  at  least  twelve months; and if a bovine shall at the time ordered   destroyed have been within the state for at least three  months,  except   that  in the discretion of the commissioner, indemnity may be paid for a   bovine which has not been within the state three months,  provided  that    the  animal  at  the  time  of entry into the state was accompanied by a   tuberculin test chart, authenticated by  the  chief  livestock  sanitary   official  by whatever name known of the state or province from which the   animal  was  brought,  showing  that the animal had originated in a herd   under official supervision, and that such herd, including the animal  in   question,  had been subjected to a tuberculin test under the regulations   of the accredited herd plan and had passed such test  negatively  within   one year preceding the order of destruction.5.  If  animals  are slaughtered or property destroyed by order of the   commissioner to control, suppress or  eradicate  the  disease  known  as   aphthous fever, or foot and mouth disease, compensation shall be made to   the owners of the animals slaughtered or the property destroyed, but not   more  than  two  hundred  dollars shall be paid on account of any bovine   animal.6. In the case of any poultry, or all or part of any flock  which  has   been  exposed  to  salmonella enteritidis and which the commissioner has   ordered to be  slaughtered  pursuant  to  section  eighty-five  of  this   chapter,  the  owner  shall  be  entitled  to receive, within the amount   appropriated for such purpose, indemnity for  each  poultry,  in  a  sum   equal  to  the  full appraised value of the poultry, or to not more than   three dollars per poultry, whichever is less.Final payment of state monies due to the owner of poultry  slaughtered   as  set  forth  in  this subdivision shall be made within sixty calendar   days after the order is signed by the commissioner. In the event payment   is not made within such period, interest thereafter at the rate of eight   per centum per annum on the amount of the said monies owed shall be paid   to the owner in a single lump sum calculated from the end of  the  sixty   day period until the final payment is made.7.  In  the  case of any farmed deer, or all or part of any herd which   has been exposed to tuberculosis and which the commissioner has  ordered   to  be  slaughtered  pursuant  to sections eighty-one and eighty-five of   this article, the owner shall be entitled to receive the net proceeds of   the sale of the animal, and in addition shall be paid indemnity  in  the   sum  sufficient  to  secure to the owner the full appraised value of the   animal, but not exceeding the sum of  two  hundred  fifty  dollars.  The   total  amount  receivable by the owner from the net proceeds of the sale   of the animal and indemnity from the federal  government  and  indemnity   from  the  state  shall,  in every case except as otherwise specifically   limited by this subdivision, equal but not  exceed  the  full  appraised   value of the animal.Indemnity  payments  shall  be  subject to the provisions set forth in   section eighty-seven of this article. The amount of  indemnity  payments   made  by  the  state  for  testing  and owner indemnification related to   tuberculosis in animals by the department shall be limited to the amount   of funds  appropriated  for  such  purposes  by  the  legislature,  and,   notwithstanding  any  other  provision  of  law  to  the contrary, shall   represent fulfillment of the state's obligation for this program.For purposes of this subdivision, the term "farmed  deer"  shall  mean   members of family cervidae which are raised and bred in confinement.