New York Register, Volume 35, Issue 23, June 05, 2013

JurisdictionNew York
LibraryNew York Register
Published date05 June 2013
Year2013
RULE MAKING
ACTIVITIES
Each rule making is identified by an I.D. No., which consists
of 13 characters. For example, the I.D. No.
AAM-01-96-00001-E indicates the following:
AAM -the abbreviation to identify the adopting agency
01 -the State Register issue number
96 -the year
00001 -the Department of State number, assigned upon
receipt of notice.
E -Emergency Rule Making—permanent action
not intended (This character could also be: A
for Adoption; P for Proposed Rule Making; RP
for Revised Rule Making; EP for a combined
Emergency and Proposed Rule Making; EA for
an Emergency Rule Making that is permanent
and does not expire 90 days after filing.)
Italics contained in text denote new material. Brackets
indicate material to be deleted.
Department of Agriculture and
Markets
PROPOSED RULE MAKING
HEARING(S) SCHEDULED
State and County Fairs
I.D. No. AAM-23-13-00009-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Part 351 of Title 1 NYCRR.
Statutory authority: Agriculture and Markets Law, sections 18(6), 31-b,
72(3) and 74(9)
Subject: State and county fairs.
Purpose: To require animal identification consistent with federal require-
ments; clarify and ease current regulatory requirements.
Public hearing(s) will be held at: 11:00 a.m., July 24, 2013 at Dept. of
Agriculture and Markets, 10B Airline Dr., Albany, NY.
Interpreter Service: Interpreter services will be made available to hearing
impaired persons, at no charge, upon written request submitted within rea-
sonable time prior to the scheduled public hearing. The written request
must be addressed to the agency representative designated in the paragraph
below.
Accessibility: All public hearings have been scheduled at places reason-
ably accessible to persons with a mobility impairment.
Text of proposed rule: Subdivision (a) of section 351.1 of 1 NYCRR is
amended to read as follows:
(a) Accredited veterinarian means a veterinarian approved as a cate-
gory 2 accredited veterinarian by the Administrator of the Animal and
Plant Health Inspection Service, United States Department of Agriculture
to perform the functions of Federal and cooperative State-Federal
programs for animal disease control.
Subdivision (c) of section 351.1 of 1 NYCRR is repealed and subdivi-
sions (d) and (e) of section 351.1 are relettered subdivisions (c) and (d).
Subdivision (f) of section 351.1 of 1 NYCRR is repealed and subdivi-
sions (g) and (h) of section 351.1 are relettered subdivisions (e) and (f).
Subdivision (i) of section 351.1 of 1 NYCRR is repealed and subdivi-
sions (j) through (n) are relettered (g) through (k).
Subdivision (o) of section 351.1 of 1 NYCRR is relettered subdivision
(l) and amended to read as follows:
[(o)] (l) Interstate certificate of veterinary inspection means the original
preprinted document which:
(1) is issued by an accredited veterinarian and approved [and
countersigned] by the chief livestock health official or such official's
designee of the state or country of origin [. Approval and counter-signature
of the certificate shall signify that said official has caused the statements
thereon to be verified and shall further signify that these statements qualify
the animal for movement into New York State in accordance with the pro-
visions of this Part];
(2) [uniquely] identifies each animal to be moved into this State with
U.S.D.A. approved official identification where applicable. For species
that U.S.D.A. has not defined approved identification the identification
shall be in a form approved by the Commissioner.[Identification shall
include] All manmade identification shall be recorded including all ear
tags, ear notches, tattoos and electronic identification devices carried by
the animal, its species, breed, age, sex, registration number and any other
unique description; and
(3) includes the full name and address of both consignor and con-
signee, the date of issue, the dates and results of qualifying tests, the
anticipated date of entry of the animal into New York State, and a state-
ment that the individual animal and that animal's herd of origin has been
inspected by [an] a category 2 accredited veterinarian and no evidence of
infectious, contagious or communicable disease was found (except where
noted) and that the results of the tests are as indicated.
Subdivision (p) of section 351.1 of 1 NYCRR is relettered subdivision
(m) and amended to read as follows:
[(p)] (m) Intrastate certificate of veterinary inspection means the origi-
nal preprinted document which:
(1) contains the name and address of the owner;
(2) [uniquely] identifies each individual animal[. Identification shall
include] with U.S.D.A. approved official identification where applicable.
For species that U.S.D.A. has not defined approved identification the
identification shall be in a form approved by the Commissioner. All
manmade identification shall be recorded including all ear tags, ear
notches, tattoos and electronic identification devices carried by the animal,
its species, breed, age, sex, registration number and any other unique de-
scription;
(3) includes a statement that the individual animal and that animal's
herd of origin has been inspected by [an] a category 2 accredited veteri-
narian on or after May 1st of the current year and no evidence of infec-
tious, contagious or communicable disease was found (except where
noted);
(4) verifies that all required vaccinations and tests have been
performed and provides a record of the results of any or all required tests;
and (5) includes the signature of the accredited veterinarian who has
inspected the animals identified on the certificate verifying the accuracy
of the statements thereon.
Subdivision (q) of section 351.1 is relettered subdivision (n).
Subdivision (r) of section 351.1 is repealed and subdivisions (s) through
(x) are relettered subdivisions (o) through (t).
Subdivisions (c) and (d) of section 351.3 of 1 NYCRR are amended to
read as follows:
(c) All animals presented for admission to a fair that originate from a
1
location other than this State shall meet all State importation regulations
appropriate to the species in addition to the requirements of this Part. State
importation requirements can be obtained by contacting the [d]Depart-
ment at 10B Airline Drive, Albany, NY 12235, (518) 457-3502,
[www.agmkt.state.ny.us] www.agriculture.ny.gov.
(d) Animals originating from the State that qualify for admission under
this Part at one fair shall be considered approved for admission at all other
New York State fairs conducted during the same calendar year, subject to
[State importation requirements appropriate to the species and] compli-
ance with the rabies vaccination requirements of individual fairs, provided
that the health status of the individual animal or the herd of origin does not
change in the interim period. Imported animals entering a fair ac-
companied by an interstate certificate of veterinary inspection may utilize
the same certificate at all other New York State fairs conducted during the
same calendar year if the initial entry to a fair is within 30 days of issuance.
Subdivision (a) of section 351.4 of 1 NYCRR is amended to read as
follows:
(a) To qualify for admission to a fair, all animals [105 days of age or
more] 4 months of age or older for which a rabies vaccine labeled by the
manufacturer for that species is available [must] shall be accompanied by
proof that the animal [is currently] has been vaccinated against rabies.
Vaccination shall be administered according to the manufacturer instruc-
tions within the duration of protection indicated. Animals 4 months of age
or older for which no labeled vaccine is available [must] shall be ac-
companied by proof that the animal is [currently] vaccinated against rabies
if required by the rules of an individual fair.
Subdivision (b) of section 351.4 is repealed and subdivision (c) is relet-
tered subdivision (b) and is amended to read as follows:
[(c)] (b) Acceptable proof of vaccination includes a signed written state-
ment from the [attending] veterinarian or a valid certificate of veterinary
inspection that has the vaccination listed and is signed by the [attending]
accredited veterinarian. Acceptable proof of vaccination [must] shall
include the name of the product used and the date of administration.
Subdivision (a) of section 351.5 of 1 NYCRR is amended to read as
follows:
(a) To qualify for admission to a fair all [camels,] deer, [elephants,]
llamas, [non-human primates,] ruminants and swine [must] shall:
(1) be accompanied by an original intrastate or interstate certificate
of veterinary inspection as defined in Part 351.1 which shall be presented
to the commissioner at any time upon request [; and
(2) be permanently and uniquely identified by an official approved
means or device including an official eartag, registration tattoo, electronic
identification or a sketch or photograph signed and dated by the accredited
veterinarian who has inspected the individual animal].
Section 351.6 of 1 NYCRR is amended to read as follows:
In addition to the requirements listed in sections 351.4 and 351.5 of this
Part, all cattle presented for admission to a fair [must] shall be ac-
companied by an original intrastate or interstate certificate of veterinary
inspection that contains proof that the cattle have tested negative for being
persistently infected with bovine viral diarrhea and proof that the cattle are
[currently] vaccinated against bovine respiratory disease complex, includ-
ing bovine respiratory syncytial virus, bovine viral diarrhea, infectious
bovine rhinotracheitis, and parainfluenza with a product administered in a
manner and time frame adequate to confer protective immunity for these
diseases for the duration of the fair.
Section 351.7 of 1 NYCRR is amended to read as follows:
(a) In addition to the requirements listed in sections 351.4 and 351.5 of
this Part, all deer presented for admission to a fair must be accompanied
by a permit as required by Parts 60, 62 and 68 of this Title. Permit infor-
mation can be obtained by contacting the [d]Department at 10B Airline
Drive, Albany, NY 12235, (518) 457-3502, [www.agmkt.state.ny.us]
www.agriculture.ny.gov
Section 351.8 of 1 NYCRR is repealed, sections 351.9 and 351.10 are
renumbered sections 351.8 and 351.9 and a new section 351.10 is added to
read as follows:
Swine. In addition to the requirements set forth in Section 351.5 of this
part, all swine presented for admission to a fair shall be identified by
USDA approved official eartag.
Section 351.11 of 1 NYCRR is repealed and section 351.12 is renum-
bered section 351.11 and amended to read as follows:
All poultry presented for admission to a fair:
[(a) shall not originate from any state where the commissioner has
determined that highly pathogenic avian influenza is present. A list of
such states is maintained at the offices of the department's Division of
Animal Industry, 10B Airline Drive, Albany, NY 12235; and]
[(b)] (a) [must] shall be accompanied by results of a negative pullorum
typhoid test conducted within 90 days prior to the opening date of the fair
or [proof that the fowl originated] originate directly from a U.S. pullorum-
typhoid clean or equivalent flock. Waterfowl are exempt from this
requirement. Pullorum test negative poultry shall be identified by official
leg band. Poultry originating from a status flock shall be accompanied by
proof of status.
Sections 351.13, 351.14 and 351.15 of 1 NYCRR are renumbered sec-
tions 351.12, 351.13 and 351.14.
Text of proposed rule and any required statements and analyses may be
obtained from: David Smith, DVM, Director, Division of Animal
Industry, NYS Department of Agriculture and Markets, 10B Airline Drive,
Albany, New York 12235, (518) 457-3502, email:
david.smith@agriculture.ny.gov
Data, views or arguments may be submitted to: Same as above.
Public comment will be received until: Five days after the last scheduled
public hearing.
Regulatory Impact Statement
1. Statutory authority:
Section 18(6) of the Agriculture and Markets Law (Law) provides, in
part, that the Commissioner may enact, amend and repeal necessary rules
which shall provide generally for the exercise of the powers and perfor-
mance of the duties of the Department.
Section 31-b of the Law provides that the Department may make, alter,
suspend or repeal needed rules relating to the New York State Fair.
Section 72(3) of the Law authorizes the Commissioner to adopt and
enforce rules and regulations for the control, suppression or eradication of
communicable diseases among domestic animals and to prevent the spread
of infection and contagion.
Section 74(9) of the Law authorizes the Commissioner, after public
hearing, to adopt rules and regulations relating to the importation of do-
mestic or feral animals into the State.
2. Legislative objectives:
The statutory provisions pursuant to which these regulations are
proposed are aimed at preventing infectious or communicable diseases af-
fecting domestic animals from being brought into the State; controlling,
suppressing and eradicating such diseases; and preventing the spread of
infection and contagion. The Department’s proposed amendment of 1
NYCRR Part 351 would further this goal by implementing requirements
to place identifying eartags on cattle and swine and leg bands on poultry,
thereby helping to prevent the introduction and spread of animal diseases
at the State Fair and county fairs. The proposed amendment would also
clarify and ease certain requirements and make technical changes to the
rule.
3. Needs and benefits:
The proposed amendments would adopt federal requirements for animal
identification. As part of its animal disease control initiative, the United
States Department of Agriculture (USDA) has established an official
animal identification program which applies to cattle and swine being
moved to exhibitions. The USDA requires that livestock being moved to
exhibitions have a USDA-approved official identification, such as an
eartag. This would help control the spread of diseases, thereby protecting
animal health.
The proposed amendments would also require that poultry which test
negative for pullorum be identified with an official leg band. Poultry
originating from a status flock shall be accompanied by proof of status.
Pullorum is a bacterial disease which is easily spread among birds. The
proposed rule would help identify healthy chicken, thereby protecting
animal health.
The proposed rule would ease regulatory requirements.
Under the proposal, out of state exhibitors would be able to move their
cattle to exhibitions using one certificate of veterinary inspection (CVI)
during the fair season, provided the CVI is used within 30 days of issu-
ance at the first fair the exhibitor enters. This would ease the burden of
having to acquire a CVI for each entry into the State during fair season.
The proposed regulations would lift State health requirements for
exhibitors to obtain CVI’s for elephants and non-human primates. These
species are already covered under the USDA Animal Welfare Act and are
typically housed apart from other animals. Any animal health issues that
arise at a fair could be addressed by Department staff or the USDA.
The proposed amendments would clarify regulatory requirements.
Regarding the rabies requirement, the current rule provides that a rabies
vaccine is required for all animals 105 days or older. A primary vaccine
can be administered at 84 days of age, with the follow-up vaccine
administered at least 14 days prior to arrival at the fairgrounds. The latest
a follow-up vaccine can be administered is at 91 days of age to meet the
105 day requirement (i.e. 105 days -14 days = 91 days). This results in
only a one week window (i.e. 91 days - 14 days = 7 days) to have the
animal fully immunized against rabies in order to enter the fair. To ease
potential confusion as well as to facilitate compliance, the proposed rule
would provide that all animals 4 months of age or older be vaccinated
against rabies. This is consistent with the Department and the Department
of Health requirements for dogs. In addition, the state public health veteri-
narian has stated that this change would not increase risk of rabies
exposure at a fair.
NYS Register/June 5, 2013Rule Making Activities
2

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