§ 79.

Diseases of domestic animals.

L. 1922, ch. 48. Source.-Former Agricultural Law (L. 1909, ch. 9), § 98, as added by L. 1917, ch. 660, and amended by L. 1919, ch. 311 and L. 1921, ch. 262.

Failure of veterinarian to report to commissioner of agriculture, action for penalty. People v. Davis (1921), 231 N. Y. 60, 131 N. E. 569, revg. 189 App. Div. 301, 178 N. Y. Supp. 433.

§ 79. Examination at request of owner; segregation; grading of herds.The owner of a herd of cattle kept for dairy or breeding purposes within the state may apply to the commissioner for examination of his herd by the tuberculin, or other approved tests, subject to the following regulations:

1. The application therefor shall be upon a blank form provided by the commissioner and shall include an agreement on the part of the owner of the herd to improve faulty sanitary conditions, to disinfect his premises if diseased cattle be found, and to follow directions of the commissioner designed to prevent the reinfection of the herd and to suppress the disease and prevent the spread thereof.

2. The commissioner shall cause such cattle to be examined accordingly, subject to the provisions of this article, and if any animal responds to such test, he may cause it to be slaughtered or held in strict quarantine.

3. If after examination an animal be found to be suffering from tuberculosis such animal shall be slaughtered under the provisions of this article, or the commissioner may enter into a written agreement with the owner for keeping such animal in segregation or the commissioner may, if the conditions 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 tuberculosis, there to be kept and used for breeding, dairy or experimental purposes under regulations to be prescribed by the commissioner.

4. Subject to the rules of the commissioner, an animal found to be diseased after such examination may continue to be used for breeding purposes, but the milk from such animal shall not be used for any purpose until pasteurized at such temperature and for such period as the commissioner may prescribe. (Subd. 4 amended by L. 1922, ch. 255, in effect April 1, 1922.)

5. The young of any such diseased animal shall immediately be separated from its mother and shall not be permitted to receive or be fed the milk from such affected animal until such milk has been pasteurized as provided in subdivision four of this section. (Subd. 5 amended by L. 1922, ch. 255, in effect April 1, 1922.)

6. The commissioner may make rules for classifying herds tested under this section and for the purpose of giving recognition to herds which are in a healthy condition, he is hereby authorized to issue such certification. as he may deem proper in relation to such herds.

L. 1922, ch. 48.

Diseases of domestic animals.

§§ 80-83.

Source. Former Agricultural Law (L. 1909,ch. 9), § 99, as added by L. 1917, ch. 660, and amended by L. 1919, ch. 311.

§ 80. Certificate to healthy herds.-For the purpose of giving recognition to other than segregated herds which are certified to him, after competent examination satisfactory to him, to be in a healthy condition, the commissioner is hereby authorized to issue such certificates as he may deem proper to the owner of such herd; to use such terms to designate such herds as will harmonize with federal designations of such herds and to adopt such rules as he may deem proper for the tagging, branding or marking of any animal or animals affected or believed to be affected with any communicable disease, or exposed thereto. In the event that such animals are branded it shall not be construed as cruelty to animals within the meaning of the penal law.

Source.-Former Agricultural Law (L. 1909, ch. 9), § 99-a, as added by L. 1919,

ch. 311.

§ 81. Sale of animals affected with tuberculosis.-No animal showing physical evidence of tuberculosis or in which such disease shall have been indicated as a result of the tuberculin, or other approved test, shall be sold other than for immediate slaughter under the supervision of a veterinarian approved by the commissioner, except under a written contract approved by the commissioner, signed by both parties, describing the animal and stating that it is believed to be tuberculous. No such animal shall be removed except for immediate slaughter under the supervision of a veterinarian approved by the commissioner, from the premises where examined except upon the written permission of the commissioner. A contract of sale as provided by this section shall be executed in triplicate and one copy thereof delivered to the purchaser, one kept by the seller, and the other delivered to the commissioner. (Amended by L. 1922, ch. 255, in effect April 1, 1922.)

Source.-Former Agricultural Law (L. 1909, ch. 9), § 100, as added by L. 1917, ch. 660, and amended by L. 1919, ch. 311.

§ 82. Appraisers.-The commissioner may employ from time to time. appraisers of condemned animals. The chief or any assistant veterinarian shall have all the powers of any appraiser of condemned animals under this article.

Source.-Former Agricultural Law (L. 1909, ch. 9), § 101, as added by L. 1917, ch. 660, and amended by L. 1919, ch. 311.

§ 83. Appraisal of diseased animals. Each animal directed to be slaughtered or taken over by the state to be kept segregated shall be appraised at the market value of such animal at the time of making the appraisal. If the value of a condemned animal as determined by the appraiser is not satisfactory to the owner, its value shall be determined by arbitrators, one of whom shall be appointed by the state appraiser and one

§§ 84-86.

Diseases of domestic animals.

L. 1922, ch. 48.

by the owner. If they are unable to agree, a third arbitrator shall be appointed by them. The value determined by such arbitrators shall after approval by the commissioner be final. The arbitrator selected by the owner shall be paid by him. If a third arbitrator be chosen he shall be paid by the state not more than five dollars per day and necessary expenses. Appraisers of condemned animals and arbitrators appointed under this article may administer oaths and examine witnesses for the purpose of determining the value of animals to be appraised under this article.

Source. Former Agricultural Law (L. 1909, ch. 9), § 102, as added by L. 1917, ch. 660, and amended by L. 1919, ch. 311.

§ 84. Certificate of appraisal.-The appraiser shall execute and deliver to the owner of a condemned animal or his legal representative a certificate stating the value thereof. If such value was determined by arbitrators, there shall be attached to such certificate a statement of the value so determined signed by at least two of the arbitrators. The form of such certificate shall be prescribed by the commissioner.

Source.-Former Agricultural Law (L. 1909, ch. 9), § 103, as added by L. 1917, ch. 660, and amended by L. 1919, ch. 311.

§ 85. Destructión of animals; disposition of carcasses.-The commissioner may prescribe rules for the destruction of animals affected with infectious or communicable disease, and for the proper disposal of their hides and carcasses and all objects which might carry infection or contagion. Whenever in his judgment necessary for the more speedy and economical suppression or prevention of the spread of any such disease he may cause to be slaughtered and afterward disposed of, in such manner as he may deem expedient, any animal or animals which by contact or association with diseased animals or other exposure to infection or contagion may be considered or suspected to be liable to contract or communicate the disease sought to be suppressed or prevented. The commissioner may seize and cause to be destroyed a carcass or any portion thereof affected with any communicable disease.

Source. Former Agricultural Law (L. 1909, ch. 9), § 104, as added by L. 1917, ch. 660, and amended by L. 1919, ch. 311.

§ 86. Post-mortem examination of animals.-The carcass of every animal duly condemned and killed under the provisions of this article shall be examined by a veterinarian designated by the commissioner for the purpose of determining whether or not disease existed in such animal and the person making the examination shall file promptly with the commissioner a report of the examination, in a form prescribed by the commissioner; but such an examination, and the filing of such a report thereof, by an inspector of the United States government engaged in meat inspection service may be accepted by the commissioner in lieu of an examination

L. 1922, ch. 48.

Diseases of domestic animals.

§§ 87, 88

and report by a designated veterinarian. (Amended by L. 1923, ch. 728,

in effect May 25, 1923.)

Source.-Former Agricultural Law (L. 1909, ch. 9), § 105, as added by L. 1917, ch. 660, and amended by L. 1919, ch. 311.

§ 87. Payments for animals killed.-The commissioner shall determine all claims which may be presented to him for indemnity to owners of animals killed by the state under the provisions of this article, and shall file in his office a certificate of his determination. All claims allowed shall bear interest after sixty days from the date of the certificate of allowance. The commissioner shall issue his order for the amount due as determined by the certificate, which amount shall be paid by the state treasurer, on the warrant of the comptroller, out of moneys appropriated therefor. (Amended by L. 1923, ch. 721, in effect July 1, 1923.)

Source. Former Agricultural Law (L. 1909, ch. 9), § 106, as added by L. 1917 ch. 660, and amended by L. 1919, ch. 311 and L. 1921, ch. 262.

§ 88. Compensation of owners of animal killed or appropriated by the state. The following provisions shall govern the payment of indemnity to owners of animals killed or appropriated by the state under the provisions of this article:

1. The value of an animal shall be taken to be the appraised value thereof except that for the purposes of subdivisions two, three, four and five of this section such value shall in no case exceed the sum of one hundred and twenty-five dollars for a registered purebred bovine animal or for a purebred bovine animal eligible to registry for which application has been duly and properly made for registration prior to the appraisal, and for any other bovine animal shall not exceed the sum of seventy-five dollars nor shall it exceed one hundred and twenty-five dollars for any equine animal. (Subd. 1 amended by L. 1922, ch. 255, in effect April 1, 1922.)

2. If upon post-mortem examination an animal is found not to have the disease for which killed or any dangerously infectious or communicable disease, the owner shall be allowed the value of such animal at the time of killing, unless such animal was killed on account of violation of quarrantine regulations, as provided in this article.

3. If an equine animal be found upon post-mortem examination to have been suffering from glanders not manifest by physical symptoms, the owner thereof shall be paid therefor ninety per centum of its value. If the animal has glanders showing physical symptoms the owner thereof shall be paid therefor twenty-five per centum of its value.

4. If a bovine animal be found upon post-mortem examination to have been suffering from tuberculosis, or if such animal be taken over by the state as provided by this article, the owner thereof shall be paid ninety per centum of its value.

§ 88.

Diseases of domestic animals.

L. 1922, ch. 48. 5. No animal killed or taken under the provisions of this article shall be paid for as herein provided unless, if a bovine, it shall have been within the state of New York for at least six months, and if an equine for at least twelve months.

6. The commissioner is hereby authorized to make rules in reference to the official inspection of the carcasses of animals so killed, and to provide for the suitable marking or branding of carcasses passed or condemned. The commissioner may make such rules as he deems necessary or expedient for the proper disposal of carcasses or parts thereof. The carcass and all parts of the animal, or the net proceeds of the sale thereof, shall be and remain the property of the owner of the slaughtered animal in addition to the indemnity provided herein, provided, however, that the total amount received by the owner of the animal from the proceeds of the sale and the indemnity by the state shall not exceed the appraised value of the animal. If the proceeds of such sale and such indemnity do exceed the appraised value of the animal, then the indemnity paid by the state shall only equal the difference between such proceeds and the ap praised value of such animal. (Subd. 6 amended by L. 1922, ch. 255, in effect April 1, 1922.)

7. No indemnity shall be paid to any person who shall have wilfully concealed the existence of disease among his animals or upon his premises, or who in any way by act or by wilful neglect has contributed to spread the disease sought to be suppressed or prevented, or who shall have wilfully neglected to take necessary precaution or obey instructions given him by the commissioner or neglected to assist in the control or eradication of any infectious or communicable disease among his animals.

8. Except as herein provided no indemnity shall be paid for any animal which upon post-mortem examination is found to have the disease on account of which it was killed, or any dangerously infectious or communicable disease that would warrant the destruction of such animal.

9. If the disease known as aphthous fever be found to exist within this state and the commissioner deems it necessary to properly control, suppress or eradicate such disease, to order the slaughter of domestic animals or the destruction of other property or both, the owner of animals so slaughtered or property so destroyed shall receive indemnity in the manner following: The amount to be paid for each bovine animal so destroyed shall be fixed in the same manner as provided for in this section but shall not exceed the sum of two hundred dollars for any one bovine animal so taken. The value of animals so destroyed and the amount due owners as provided herein, less the amounts paid or to be paid by the federal government, shall be paid upon the audit and warrant of the comptroller to owners entitled thereto in the same manner as provided in the last preceding section.

Source. Former Agricultural Law (L. 1909, ch. 9), § 107, as added by L. 1917, ch. 660, and amended by L. 1919, ch. 311, L. 1920, ch. 756 and L. 1921, ch. 262.