§ 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.