NY Agric & Mkts L § 90 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 5 - Diseases of Domestic Animals; Calves and Veal; Pure Bred Stock; Certificates of Registry. 90 - Examination of Cattle for Bang's Disease.

§ 90. Examination  of  cattle for Bang's disease. 1. The commissioner,   within  the  amounts  appropriated  for  such  purpose,  may  cause   an   appropriate  test  for  ascertaining  the  presence or absence of bovine   infectious abortion, commonly known  as  and  hereafter  termed  "Bang's   disease," to be made by competent and authorized veterinarians and cause   such  bovine  animals  to  be  subjected to periodic retests when deemed   necessary by the commissioner. If, from such examination  or  test,  any   animal  be deemed by the commissioner to be infected with Bang's disease   and its condition be such as to render it undesirable for the production   of milk or a menace to the health of  other  animals  or  persons,  such   animal  may  be  immediately  removed  from  the  herd,  slaughtered  or   otherwise disposed of as the commissioner may prescribe.2. If after examination an animal be found to be suffering from Bang's   disease such animal may be slaughtered  under  the  provisions  of  this   section, or the commissioner may enter into a written agreement with the   owner  for  keeping such animal in segregation, or the commissioner may,   if the condition of such animal warrants it, consign such animal to  any   one  of  the  experiment  stations  or  farms owned or controlled by the   state, or by any county of the state, or to the  farms  of  such  public   institutions  in  the  state  as  the  commissioner shall approve, or to   hospitals, sanitariums or other institutions existing  in  whole  or  in   part  for  the  purpose  of suppressing such bovine disease; there to be   kept and  used  for  breeding,  dairy  or  experimental  purposes  under   regulations to be prescribed by the commissioner.3.  No  animal  showing  evidence of Bang's disease as a result of the   official test shall  be  sold,  except  under  the  supervision  of  the   commissioner.  No  such  animal shall be removed from the premises where   examined, or from any other premises, except upon the written permission   of the commissioner. No such animal shall be  slaughtered  except  under   the  supervision  of  a  veterinarian  designated by the commissioner as   provided in section eighty-six of this chapter.4. In the case of a  bovine  animal  killed  on  account  of  positive   reaction  to  Bang's  disease, the owner shall, in the discretion of the   commissioner, and within the amount appropriated for  such  purpose,  be   entitled to receive indemnity in a sum equal to seventy-five per cent of   the  difference  between  the full appraised value of the animal and the   total of the amounts received by the owner from the  federal  government   as  indemnity  and  from  the  sale  of  the  animal as salvage, but not   exceeding the sum of one thousand five hundred dollars for a  registered   pure  bred  animal and not exceeding the sum of five hundred dollars for   any other bovine animal.The commissioner may, in his discretion at the request of  the  owner,   order  the  slaughter  of non-reactor animals if he finds that they have   been exposed to Bang's disease as a member of an infected herd and  that   the  entire  herd  should  be  depopulated  to control the spread of the   disease. In such case, the owner shall be entitled  to  receive,  within   the  amount  appropriated for such purpose, indemnity in an amount equal   to the difference between the full appraised value of the animal and the   total of the amounts received by the owner from the  federal  government   as  indemnity  and  from  the  sale  of  the  animal as salvage, but not   exceeding the sum of three hundred dollars for a  registered  pure  bred   animal or one hundred seventy-five dollars for any other bovine animal.The  commissioner  may,  in his discretion, order the slaughter of any   animal, or of all or part of any herd, which he finds has  been  exposed   to Bang's disease by association with a positive reactor or by any other   manner  of exposure which he finds may make the animal or herd liable to   contract or communicate the disease. In such case, the  owner  shall  be   entitled  to  receive,  within the amount appropriated for such purpose,    indemnity for each reactor animal and for each non-reactor animal as set   forth in this subdivision unless the commissioner finds that such  owner   has failed to comply with any laws, rules or regulations relating to the   control or eradication of brucellosis.Final  payment of state moneys due the owner of animals 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 moneys 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.For purposes of this section, the term "registered pure  bred  animal"   shall  include  a  pure  bred  animal  less than three years of age, not   registered but eligible for registry, for which application for registry   has been duly made prior to the appraisal. Pure bred animals three years   of age or over, not registered  at  the  time  of  appraisal,  shall  be   appraised at grade value.5.  No  indemnity  shall  be paid unless the animal shall, at the time   ordered destroyed, have been within the state for at least three months,   and provided further that the animal came into the state  in  accordance   with the then existing laws and regulations relative to Bang's disease.6.  The commissioner, within the limits of the amount appropriated for   such purpose or purposes, may initiate an official program  of  calfhood   vaccination,  may cause blood samples to be taken, may have such samples   tested, and may make necessary rules and regulations  relative  thereto,   and  provide  for  identifying  and  recording all vaccinated animals in   order that all such animals may be properly and  officially  supervised.   The commissioner may cooperate for such purpose or purposes with federal   or county officials upon such terms as he approves.