N.Y. Comp. Codes R. & Regs. tit. 1 § 53.3

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

Section 53.3 - Importation of cattle to a specifically approved stockyard or a recognized slaughtering establishment

Notwithstanding any other provision of this Part, cattle may be imported into the State and moved directly to a specifically approved stockyard, as defined in section 53.1(r) of this Part, or to a recognized slaughtering establishment, as defined in section 53.1(o) of this Part, without an interstate certificate of veterinary inspection under the following conditions:

(a) The cattle shall be accompanied by an owner-shipper statement.

(b) At any time after entry of the cattle into the State, an authorized representative of the commissioner may direct the person transporting the cattle to a designated location for the following purposes: unloading, restraint, inspection, identification, tagging, testing or quarantine.

(c) The cattle shall be moved directly to the specifically approved stockyard or recognized slaughtering establishment named as the destination or consignee on the owner-shipper statement. Cattle which are not subsequently qualified under subdivision (e) of this section shall be sold only to a recognized slaughtering establishment and after the sale moved by the most direct route to the slaughtering establishment.

(d) Cattle moved to a recognized slaughtering establishment shall be slaughtered within six days (144 hours) after entry into this State.

(e) Cattle moved to a specifically approved stockyard may be moved without restriction following, as provided herein, segregation, examination by an accredited veterinarian and the preparation of an interstate certificate of veterinary inspection; provided that the following conditions are met:

(1) the stockyard has been approved by the commissioner to receive cattle pursuant to this section and has agreed to comply with all the requirements of this section including, but not limited to, the maintenance of a segregation facility with appropriate handling and restraint equipment; the reading of eartags; and the conducting of physical examinations of cattle by an accredited veterinarian;

(2) the cattle must originate in a state or zone which:

(i) borders New York State;

(ii) has been recognized by the USDA as brucellosis certified free for at least five years;

(iii) has been recognized by the USDA as tuberculosis accredited free for at least five years; and

(iv) has not been recognized by the commissioner as having any other disease of cattle which does not naturally occur in New York;

(3) the federally assigned premises identification numbers of all premises of origin of the cattle shall be included on the owner-shipper statement, with the premises of origin being the farm or ranch in the bordering state or zone where the animals originated and not a livestock market or dealer;

(4) the cattle shall enter the State with individual, uniquely numbered eartags approved for identification by the USDA and the eartag numbers shall be included on the owner-shipper statement;

(5) prior to the required veterinary inspection and the preparation of an interstate certificate of veterinary inspection, cattle that enter under this section shall always be segregated at least 30 feet from cattle that originated in New York State and from cattle that entered the State with an interstate certificate of veterinary inspection;

(6) prior to the release from segregation pens, an accredited veterinarian shall physically examine all animals in the pen and shall prepare an interstate certificate of veterinary inspection for those animals not going to immediate slaughter. If any animal shows signs of infectious, contagious or communicable disease that animal, and all animals exposed to that animal shall be quarantined and directed to an approved slaughtering establishment for immediate slaughter, or at the discretion of the commissioner, may be returned to the place of origin or be quarantined in isolation from all other animals at the owner's expense until the commissioner determines that the animals are not a threat to New York livestock.

(f) The recognized slaughtering establishment or specifically approved stockyard shall maintain records that include the name and address of the consignor, identification numbers and the destination of all cattle handled under this section. These records shall be kept for a period of five years and be made available for examination upon the request of a representative of the department or of the USDA.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 53.3

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