NY Agric & Mkts L § 95-C (2021)
2021 New York Laws AGM - Agriculture and Markets Article 5 - 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.