N.Y. Comp. Codes R. & Regs. tit. 1 § 53.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 53.1 - Definitions

For the purposes of this Part, the following terms shall have the following meanings:

(a)Accredited veterinarian means a veterinarian duly approved by the Administrator of the Animal and Plant Health Inspection Service (APHIS), United States Department of Agriculture and accredited to perform functions of Federal and cooperative State-Federal programs on food and fiber animal species; all other livestock species; and zoo animals that can transmit exotic animal diseases to livestock (category II animals).

(b)Interstate certificate of veterinary inspection (ICVI) means an official document issued by a Federal, State, Tribal, or accredited veterinarian certifying the inspection of animals in preparation for interstate movement.

(1) The ICVI must show the species of animals covered by the ICVI; the number of animals covered by the ICVI; the purpose for which the animals are to be moved; the address at which the animals were loaded for interstate movement; the address to which the animals are destined; and the names of the consignor and the consignee and their addresses if different from the address at which the animals were loaded or the address to which the animals are destined. Additionally the ICVI must list the official eartag number of each animal. An ICVI may not be issued for any animal that is not officially identified with an official eartag.

(2) As an alternative to typing or writing individual animal identification on an ICVI, if agreed to by the dpartment, another document may be used to provide this information, but only under the following conditions:

(i) the document must be a State form or APHIS form that requires individual identification of animals or a printout of official identification numbers generated by computer or other means;

(ii) a legible copy of the document must be stapled to the original and each copy of the ICVI.

(3) Each copy of the document must identify each animal to be moved with the ICVI, but any information pertaining to other animals, and any unused space on the document for recording animal identification, must be crossed out in ink.

(4) The following information must be written in ink in the identification column on the original and each copy of the ICVI and must be circled or boxed, also in ink, so that no additional information can be added:

(i) the name of the document; and

(ii) either the unique serial number on the document or, if the document is not imprinted with a serial number, both the name of the person who prepared the document and the date the document was signed.

(5) The ICVI shall be valid for 30 days following the date of inspection of the animal identified on the document.

(c)Brucellosis class A state means a state or area in the United States or Canada classified as such by the U.S.D.A.

(d)Brucellosis class B state means a state or area in the United States or Canada classified as such by the U.S.D.A.

(e)Brucellosis class C state means a state or area in the United States or Canada classified as such by the U.S.D.A.

(f)Brucellosis class free state means a state or area in the United States or Canada classified as such by the U.S.D.A.

(g)Cattle means a quadruped ruminant of any age of the family Bovidae, including the domesticated species designated as B. taurus, the humped species B. indicus, the American bison and the musk ox.

(h)Commissioner means Commissioner of Agriculture and Markets of the State of New York.

(i)Consignee means any person who accepts on consignment, purchases, imports, or first accepts delivery of cattle imported or moved into the State.

(j)Department means Department of Agriculture and Markets of the State of New York.

(k)Immediate slaughter means slaughter within six days (144 hours) after the time of entry into this State.

(l)Official eartag means an identification tag approved by APHIS that bears an official identification number for individual animals. Beginning March 11, 2015, all official eartags applied to animals must bear an official eartag shield. The design, size, shape, color, and other characteristics of the official eartag will depend on the needs of the users, subject to the approval of the administrator. The official eartag must be tamper-resistant and have a high retention rate in the animal.

(m)Owner-shipper statement means a statement signed by the owner or shipper of the livestock being moved stating the location from which the animals are moved interstate; the destination of the animals; the number of animals covered by the statement; the species of animal covered; the name and address of the owner at the time of the movement; the name and address of the shipper; and the identification of each animal, as required by the regulations.

(n)Person means any individual, corporation, partnership or other entity.

(o)Preapproved feeding location means an establishment where cattle are assembled to be fed for slaughter and which has been approved for that purpose by the/department, on the basis that:

(1) the establishment has adequate facilities to segregate cattle being fed for slaughter from other cattle, as required under section 53.4(d) of this Part; and

(2) the establishment has adequate means by which to maintain records, as required under section 53.4(e) of this Part.

(p)Recognized slaughtering establishment means any abattoir at which meat inspection service is provided by the U.S.D.A.

(q)Shipping copy means the copy of an interstate certificate of veterinary inspection which accompanies imported cattle at the time of entry into this State.

(r)Slaughter cattle means cattle brought into this State for the purpose of immediate slaughter or other cattle which have been declared to be slaughter cattle pursuant to this Part.

(s)Specifically approved stockyard means an establishment where cattle are handled under permit or license issued by the department and which has been jointly approved by the department and the U.S.D.A. to handle out-of-state cattle.

(t)State means State of New York.

(u)Steer means a castrated male cattle of any age.

(v)U.S.D.A. means the United States Department of Agriculture.

(w)U.S.D.A. approved test means any test approved by the U.S.D.A.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 53.1

Amended, New York State Register September 10, 2014/Volume XXXVI, Issue 36, eff. 9/10/2014