N.Y. Comp. Codes R. & Regs. tit. 1 § 68.1

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

Section 68.1 - Definitions

For the purposes of this Part:

(a)CWD susceptible cervid means any captive cervid of the genera Alces, Odocoileus or Cervus or any hybrid of such genera.

(b)CWD exposed cervid means a cervid that is, or has been part of a CWD positive herd within five years.

(c)CWD positive cervid means a cervid that has had a diagnosis of CWD confirmed by means of an official CWD test conducted by a laboratory certified by USDA/APHIS.

(d)CWD negative cervid means a cervid that has had an official CWD test conducted by a laboratory certified by USDA/APHIS that resulted in a "not detected" or negative classification.

(e)CWD suspect cervid means a cervid for which inconclusive laboratory evidence suggests a diagnosis of CWD.

(f)CWD infected zone means:

(1) any state which has had a diagnosed case of CWD in captive or wild cervids within the past 60 months;

(2) any part of a state which is within 50 miles of a site in another state where CWD has been diagnosed in captive or wild cervids within the past 60 months; or

(3) any area designated by the commissioner as having a high risk of CWD contamination.

(g)Captive cervids means cervids that are privately or publicly maintained or held for economic or other purposes within a confined space by a perimeter fence, facility or other barrier. Wild white-tailed deer held in captivity under license or permit issued by the New York State Department of Environmental Conservation pursuant to Environmental Conservation Law section 11-0515 (licenses to collect, possess or sell for scientific or exhibition purposes) are not considered captive cervids for the purposes of this Part.

(h)Cervid means any member of the cervidae family.

(i)Chronic wasting disease ("CWD") means a transmissible spongiform encephalopathy (TSE) of cervids.

(j)Commingling means cervids that have direct contact with each other or have less than 30 feet of physical separation or that share management equipment, pasture, or water sources. Cervids are considered to have commingled if they have had such contact within the last five years.

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

(l)Herd means one or more cervids that are under common ownership or supervision and are grouped on one or more parts of any single premises (lot, farm or ranch), and all cervids under common ownership or supervision on two or more premises which are geographically separated but on which cervids have been commingled or had direct or indirect contact with one another.

(m)CWD herd plan means a written herd management agreement developed by the herd owner, State and Federal veterinarians, and others, and that has been approved by the respective Federal, State and Tribal officials. A herd plan sets out the steps to be taken to eradicate CWD in a CWD positive, exposed, or suspect herd.

(n)CWD positive herd means a herd in which a CWD positive cervid resided at the time it was diagnosed and which has not been depopulated and released from quarantine.

(o)CWD suspect herd means a herd in which one or more CWD suspect cervids are present.

(p)Special purpose herd means a captive herd managed and maintained in such a manner that no live cervid is removed, or allowed to be removed, from the designated premises except for immediate slaughter at an approved CWD slaughter facility.

(q)CWD exposed herd means a herd in which an epidemiological link between the herd and another positive or exposed herd or animal is established to have occurred within the previous five years.

(r)Official identification means a unique form of individual animal identification approved by USDA/APHIS and the department. Cervids in a herd under the Herd Certification Plan must have at least one eartag as one of two means of animal identification.

(s)CWD monitored herd means a program of surveillance, monitoring, testing and related actions designed to identify CWD infection in special purpose CWD susceptible cervid herds.

(t)Owner means an individual, partnership, company, corporation or other legal entity that has legal title to an animal or herd of animals.

(u)Premises means the ground, area, buildings, water sources and equipment commonly shared by a herd of animals.

(v)CWD premises plan means the section of a herd plan which outlines the actions to be taken with regard to possible environmental contamination due to a CWD positive or exposed herd.

(w)Quarantine means an order issued by a State or Federal official prohibiting the movement of animals to and from a designated premises.

(x)State animal health official means the official of a state or country responsible for livestock and poultry disease control and eradication programs.

(y)Official test means a CWD test approved by USDA/APHIS which is performed at a USDA approved laboratory.

(z)USDA/APHIS means the United States Department of Agriculture Animal and Plant Health Inspection Service.

(aa)Certificate of Veterinary Inspection (CVI) means a document which:

(1) Is issued by a veterinarian accredited by USDA/APHIS or a similar agency in the country of origin and is approved and counter-signed by the chief livestock health official of the state or country of origin.

(2) The CVI shall include:

(i) a movement permit number issued by the department;

(ii) the full name and address including a Federal premises number of both the consignor and consignee, the destination of each animal, the date of veterinary inspection, and the anticipated date of entry into New York;

(iii) the Chronic Wasting Disease and Tuberculosis status of each herd that the animal(s) resided in;

(iv) the identification of each animal including the species, breed, age, sex, all eartags, tattoos, brands, radio frequency identifiers, and registration number, if any;

(v) all test results required for movement by all State and Federal agencies;

(vi) a statement that the animal(s) have been inspected by the veterinarian issuing the CVI and the animals is(are) not showing signs of infectious, contagious, or communicable disease except as noted.

(3) The CVI is valid for movement up to and including the 30th day following the date of inspection.

(ab)Immediate slaughter means slaughter within 10 days (240 hours) at a State or federally inspected facility which will retain and make available to USDA/APHIS or department personnel records of all identification from the animal(s) and samples as required by the USDA/APHIS or the department to test for Chronic Wasting Disease and Tuberculosis.

(ac)Movement permit means a document issued by the department which shall identify the source and destination of the shipment, the number of animals involved and the required individual identification of each cervid in the shipment, and shall accompany the cervids imported or moved into or within the State.

(ad) New herd means a herd of cervids formed after the effective date of this subdivision; or a herd of cervids, the ownership of which has changed after the effective date of this subdivision, including but not limited to a herd that is owned by a corporation or limited liability company that has had a change in the person or people in a position of power or control after the effective date of this subdivision; or a herd of cervids that has changed its program category such as from a CWD Certified Herd to a CWD Monitored Herd after the effective date of this subdivision.

(ae) Veterinarian means a veterinarian duly approved by the administrator of USDA APHIS 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.

(af) Veterinary Client Patient Relationship means an association, whether or not contractual in nature, between a veterinarian and the owner of a herd of cervids in which the veterinarian:

(1) has knowledge of the cervids to the extent that the veterinarian is capable of a general diagnosis of the health of each cervid; and

(2) is readily available to perform diagnostic testing of the herd to detect the presence of disease, including but not limited to brucellosis, CWD, and tuberculosis; and

(3) is readily available to treat a cervid, in the event that the cervid requires medical attention, care, or therapy.

(ag) Inspection Report means a document, prepared by a Department employee, or by a person duly designated by the Commissioner of Agriculture and Markets, and headed Cervidae Operation Report, that sets forth that employee's findings regarding the conditions existing in a captive cervid population.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 68.1

Amended, New York State Register April 16, 2014/Volume XXXVI, Issue 15, eff. 4/16/2014

Amended New York State Register November 23, 2022/Volume XLIV, Issue 47, eff. 11/23/2022