Subdivisions (b), (d) and (l) of section 62.1 are repealed; Subdivisions (c), (e), (f), (g), (h), (i), (j), (k) and (m) of section 62.1 are re-lettered subdivisions (g), (h), (i), (j), (k), (l), (o), (q) and (s); and new subdivisions (c), (d), (e), (f), (m), (n), (p) and (r) are added to read as follows:

(1) A certificate issued by an accredited veterinarian and approved and countersigned by the chief livestock health official of the state or country of origin. Approval and countersignature of the certificate shall signify that said official has caused the statements thereon to be verified and shall further signify that these statements qualify the animal for movement into New York State in accordance with the provisions of this Part.

(2) Such certificate shall identify each animal to be moved into this State. Individual identification shall include all eartags and tattoos carried by the animal, its species, breed, age, sex and its registration number, if any.

(3) Such certificate shall include the full name and address of both consignor and consignee, the date of issue, the dates and results of qualifying tests, the anticipated date of entry of the animal into New York State, and a statement that the animal has been inspected by an accredited veterinarian and is not showing signs of infectious, contagious or communicable disease (except where noted) and that the results of the tests are as indicated.

(4) Such certificate shall be valid for the purpose of this Part up to and including the 30th day following the date of inspection of the animal.

Sections 62.3, 62.4, 62.6 and 62.7 are repealed and new sections 62.3, 62.4, 62.6 and 62.7 are added to read as follows:

(a) Sheep and goats may be moved directly to a recognized slaughtering establishment or specifically approved stockyard in the State under the provisions of section 62.4 of this Part.

(b) All other sheep and goats moving into the State shall be accompanied by an approved certificate of veterinary inspection.

(1) the stockyard complies with the requirements of this section including but not limited to maintenance of a segregation facility; and adequate handling and restraining equipment to enable the reading of eartags and performance of physical examinations of the sheep and goats; and

(2) the sheep or goats originated in a state which is:

(i) bordering on New York State; and

(ii) recognized by the U.S.D.A. as a scrapie consistent state; and

(iii) has not been recognized by the Commissioner as having any other disease of sheep or goats which does not naturally occur in New York; and

(3) the federally assigned premises identification numbers of all premises of origin of the sheep or goats are included on the entry waybill. For purposes of this section, premises of origin shall be the farm or ranch where the animals originated and not a livestock market or dealer; and

(4) each sheep or goat entering the State has an individual, uniquely numbered eartag, approved for identification by the U.S.D.A. or country of origin, which eartag number is included on the entry waybill; and

(5) the sheep or goats which enter under this section are segregated by at least 30 feet from New York origin sheep or goats prior to the required veterinary inspection; and

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

(1) the destination of the deer must be in compliance with the requirements of section 68 of this Part; and

(2) the deer to be moved meet the requirements of section 68 of this Part including having a prior permit for importation; and

(3) all deer must be accompanied by an approved certificate of veterinary inspection; and

(4) deer originating from USDA Certified Brucellosis-Free cervid herds do not require testing for interstate movement; all sexually intact deer 180 days of age or older from USDA Brucellosis-Monitored cervid herds must test negative for brucellosis within 90 days prior to interstate movement; all other sexually intact deer 180 days of age or older must be tested for brucellosis within 30 days prior to interstate movement; and

1. Statutory authority:

Agriculture and Markets Law section 18 provides, in part, that the Commissioner may enact, amend and repeal necessary rules which shall provide generally for the exercise of the powers and performance of the duties of the Department as prescribed in the Agriculture and Markets Law and the laws of the State and for the enforcement of their provisions and the provisions of the rules that have been enacted.

Agriculture and Markets Law section 72 authorizes the Commissioner to adopt and enforce rules and regulations for the suppression or eradication of communicable diseases and to prevent the spread of infectious or communicable diseases among domestic animals.

Agriculture and Markets Law section 74 authorizes the Commissioner to adopt rules and regulations for the import of domestic or feral animals into the state.

Agriculture and Markets Law section 76 authorizes the Commissioner to place under quarantine animals suspected of being affected with or exposed to communicable disease and to prescribe regulations necessary to prevent the spread of the disease from the quarantined premises.

2. Legislative objectives:

The law requires the Commissioner of Agriculture and Markets to take measures to control the spread of communicable or infectious disease among the domestic animal population of the state. The legislature also authorizes the Commissioner to regulate the import of feral or domestic animals and to place certain animals under quarantine.

The proposed amendments will further these goals. By eliminating unnecessary bluetongue, tuberculosis, brucellosis and anaplasmosis testing of certain ruminants prior to importation, and by allowing importation of sheep and goats without a certificate of veterinary inspection under certain circumstances, the proposed amendments will facilitate the importation of these animals into New York State, thereby improving the economic standing of the importers of these animals in the marketplace. In addition, the elimination of these testing requirements will allow the Department to concentrate investigative and enforcement efforts on more pressing areas of animal disease control, such as avian influenza. This will enable the Department to maintain the necessary level of disease prevention.

3. Needs and benefits:

The regulations currently require a bluetongue test for all cattle, sheep, llamas and deer imported from endemic states. For cattle, animals six months of age or older originating in states in which the Commissioner has determined that bluetongue is endemic shall have a bluetongue test within 30 days prior to and 30 days after importation (section 53.5(d)). For sheep, animals 90 days or more of age originating in a state or country where bluetongue is endemic shall be negative to a bluetongue blood test or bluetongue virus isolation test conducted within 30 days of entry (section 62.3). For llamas, animals 180 days or more of age originating in a state or country where bluetongue is endemic shall be negative to a bluetongue blood test or bluetongue virus isolation test conducted within 30 days of entry (section 62.6). For deer, the animals originating in a state or country where bluetongue is endemic shall be accompanied by a certificate issued by an accredited veterinarian attesting to the absence of known evidence of bluetongue disease in the herd of origin for the previous 12 months.

In addition, the regulations currently require a tuberculosis and brucellosis test for imported goats and llamas. For goats (section 62.4) and llamas (section 62.6), animals 365 days or more of age shall be negative to an official blood test for tuberculosis conducted within 60 days prior to entry, and animals 180 days or more of age shall be negative to an official blood test for brucellosis conducted within 30 days prior to entry.

The regulations also currently require an anaplasmosis test for llamas and deer imported from endemic states. For llamas (section 62.6) and deer (section 62.7), animals 180 days or more of age originating in a state or country where anaplasmosis is endemic shall be negative to a anaplasmosis blood test conducted within 30 days prior to entry.

Finally, the regulations currently provide that sheep (section 62.3) and goats (section 62.4) imported or moved into this State for any purpose other than immediate slaughter shall be accompanied by an approved certificate of veterinary inspection.

The proposed amendments would eliminate the bluetongue testing requirements for cattle, sheep, llamas and deer.

Bluetongue disease, also known as catarrhal fever, is a non-contagious, arthropod-borne viral disease of ruminants, such as sheep, cattle, goats, llamas and deer. Bluetongue is a seasonal disease. Transmission of the virus from infected gnats and biting flies begins in early spring with manifestation of symptoms by late summer and early fall. The symptoms of bluetongue include high fever, lameness, muscular weakness, loss of wool and redness of the skin, face and neck. Symptoms also include inflammation, swelling and hemorrhaging of the mucous membranes of the mouth, nose and tongue. The inflammation of the mouth, particularly in sheep, gives the tongue a red or blue color, hence giving the disease its name.

It has been determined that bluetongue testing is no longer necessary. While bluetongue is most prevalent in the southern and southwestern United States, it is practically non-existent in the north central and northeastern United States where, due to climate conditions, the gnats and biting flies that transmit the virus do not survive. The absence of this biological vector, which has already prompted Canada to relax its bluetongue testing requirements for ruminants originating in the United States, justifies the elimination of the bluetongue testing requirement for cattle, sheep, llamas and deer in New York State.

In addition, the proposed amendments would eliminate the tuberculosis and brucellosis testing requirements for goats and llamas.

Tuberculosis is a contagious bacterial disease of both animals and human beings. In the case of livestock, tuberculosis is caused by the bacterium Mycobacterium bovis. The disease grows slowly in an infected animal and seldom does the animal show any obvious symptoms of the disease during its lifetime. It is only at the time of slaughter that evidence of infection is found and often, the extent of infection is so great that the carcass must be condemned.

Brucellosis is a contagious bacterial disease of both animals and human beings. In humans, the disease is known as undulant fever due to the intermittent yet severe fever which accompanies the human form of the infection. In animals, the disease is known as contagious abortion or Bang's disease. The infection in animals is caused by bacteria in the Brucella genus: Brucella abortus, which mainly affects cattle and bison; Brucella suis, which mainly affects swine and reindeer but which may also affect cattle and bison; and Brucella melitensis, which mainly affects goats and sheep. In all cases, the bacteria attack the reproductive organs and/or udders of the infected animal, causing abortions or birth of weak calves; decreased milk production; lameness; and infertility.

It has been determined that tuberculosis and brucellosis testing are no longer necessary.

In the case of tuberculosis, the purpose of the testing requirements for goats and llamas is to detect the disease in these animals in order to prevent its potential spread to cattle in New York State. However, with the exception of cattle on farms in northeast Michigan (where tuberculosis is endemic in the wild white-tailed deer population) and cattle imported from Mexico, tuberculosis is no longer found in domestic animals in the United States. For this reason, there is no longer a justification for the tuberculosis testing requirement for goats and llamas.

In the case of brucellosis, the strain of the disease which affects goats — Brucella melitensis — is prevalent in many areas of the world, but is not present in the United States. This, coupled with the fact that there is now only one known brucellosis endemic area in the United States (wild elk and bison in and around Yellowstone National Park), justifies the elimination of the brucellosis testing requirement for goats and llamas.

The proposed amendments would also eliminate the anaplasmosis testing requirements for llamas and deer. Anaplasmosis is a non-contagious, infectious blood disease of ruminants. It is caused by the rickesttsial parasites Anaplasma marginale and Anaplasma centrale, which are transmitted to animals through bites by infected ticks and flies. Anaplasmosis may also be transmitted through the use of surgical, dehorning, castration and tattooing instruments as well as hypodermic needles which are not adequately disinfected between uses on an infected and non-infected animal. The disease causes severe anemia, weight loss and death.

It has been determined that anaplasmosis testing in llamas and deer is no longer necessary. In the United States, anaplasmosis is prevalent only in subtropical areas — the southern west coast and the southeastern and Gulf Coast states where the ticks and flies which serve as biological vectors for the disease are indigenous. This, coupled with the fact that anaplasmosis is predominantly a disease in cattle, justifies elimination of the anaplasmosis testing requirement in llamas and deer.

Finally, the proposed amendments would eliminate the requirement that sheep and goats entering the State be accompanied with a certificate of veterinary inspection, provided the animals are entering a specifically approved stockyard or recognized slaughtering establishment. The animal diseases noted above are endemic in only limited and isolated locations, none of which are in the Northeast, and New York's animal health status is similar to that of neighboring states, from which most imported animals originate. Thus, the existing restrictive regulation is no longer required for effective disease control. Further, even if an animal were sick, the proposed amendments provide a safeguard, by requiring these establishments to segregate the imported animals from animals not going to direct slaughter. This would substantially reduce the risk of transmission of disease, if any, prior to examination by a veterinarian.

In terms of benefits, the proposed amendments would eliminate some of the regulatory burdens relative to testing and importation of cattle, sheep, llamas, deer and goats.

The proposed amendments would benefit regulated parties. As illustrated in the cost analysis below, the proposed amendments would result in dramatic savings in testing costs to importers. In addition, as noted above, with fewer testing and importation requirements, the proposed amendments would facilitate the importation of animals into New York State, thereby improving the standing of regulated parties in the national and world marketplace. Since the proposal would enable regulated parties to operate in a more cost effective manner, it is anticipated that consumers would see lower prices and an increased selection in the marketplace.

The proposed amendments would also benefit the Department. Since the proposal would eliminate unnecessary testing requirements, it is anticipated that the Department's investigative and enforcement efforts in the area of animal disease control would improve, since staff would have more time to pursue more pressing areas of concern, such as avian influenza.

4. Costs:

(a) Regulated parties:

The proposed amendments would reduce costs for regulated parties.

It is anticipated that the elimination of the bluetongue testing requirement for cattle, sheep, llama and deer would save regulated parties approximately $6,825 per year. This is predicated upon the importation of 400 cattle, 100 sheep, 300 llama and 500 deer, (1,300 animals in total), to be tested at a cost of $5.25 per test (1,300 × $5.25=$6,825).

It is anticipated that the elimination of the tuberculosis and brucellosis testing requirement for goats and llamas would save regulated parties approximately $30,000 per year. This is predicated upon the importation of 1,000 goats and 1,000 llamas to be tested for both diseases as well as veterinary costs in the form of a second farm visit to read the tuberculosis test.

It is anticipated that the elimination of the anaplasmosis testing requirement for llamas and deer would save regulated parties approximately $8,000 per year. This is predicated upon the importation of 500 deer and 300 llama, (800 animals in total), to be tested at a cost of $10.00 per test (800 × $10.00=$8,000).

(b) The agency, the state and local government:

None. The elimination of the bluetongue testing requirement would actually save the Department the costs of five to ten quarantines per year. Each quarantine costs $50 to $100 in personnel costs, with a total annual savings to the Department of $250 to $1,000.

(c) Source:

Costs for testing are based on average fees charged by New York State veterinarians and the New York State Animal Health Diagnostic Laboratory.

5. Local government mandates:

None

6. Paperwork:

None.

7. Duplication:

None.

8. Alternatives:

Since the proposed regulations would ease certain testing and importation requirements for cattle, sheep, llamas, deer and goats, the alternative of not amending the regulations would be more adverse. The testing requirements could not be further reduced without significantly increasing the risk of introduction of disease into the New York animal population.

9. Federal standards:

Subpart C of Part 77 of Title 9 of the Code of Federal Regulations allows the movement of deer from tuberculosis accredited-free states and accredited-free herds without testing. The proposed amendments would incorporate by reference this federal regulation.

Part 79 of Title 9 of the Code of Federal Regulations prescribes certain standards for the interstate movement of sheep and goats. The proposed regulations meet these standards.

The proposed amendments would eliminate the requirement that cattle be tested for bluetongue. The federal regulations do not require this test.

10. Compliance schedule:

Regulated parties should be able to comply immediately upon adoption of the regulation.

1. Effect of rule:

There are 200 entities in New York State which import cattle, sheep, llamas, deer and/or goats annually. All of these regulated parties are small businesses.

The proposed amendments would have no impact upon local governments.

2. Compliance requirements:

None. The proposed amendments would eliminate the bluetongue testing requirement for cattle, sheep, llamas and deer; the tuberculosis and brucellosis import testing requirements for goats and llamas; and the anaplasmosis testing requirement for llamas and deer. The proposed amendments would also eliminate the requirement that certain sheep and goats entering New York State be accompanied with a certificate of veterinary inspection, provided the animals are entering a specially approved stockyard or recognized slaughtering establishment.

The proposed amendments would have no impact upon local governments.

3. Professional services:

None.

4. Compliance costs:

None. The proposed amendments would reduce costs for regulated parties.

It is anticipated that the elimination of the bluetongue testing requirement for imported cattle, sheep, llama and deer would save regulated parties approximately $6,825 per year. This is predicated upon the importation of 400 cattle, 100 sheep, 300 llama and 500 deer, (1,300 animals in total), to be tested at a cost of $5.25 per test (1,300 × $5.25=$6,825).

It is anticipated that the elimination of the tuberculosis and brucellosis testing requirement for goats and llamas would save regulated parties approximately $30,000 per year. This is predicated upon the importation of 1,000 goats and 1,000 llamas to be tested for both diseases as well as veterinary costs in the form of a second farm visit to read the tuberculosis test.

It is anticipated that the elimination of the anaplasmosis testing requirement for llamas and deer would save regulated parties approximately $8,000 per year. This is predicated upon the importation of 500 deer and 300 llama, (800 animals in total), to be tested at a cost of $10.00 per test (800 × $10.00=$8,000).

5. Economic and technological feasibility:

The economic and technological feasibility of complying with the amendments has been assessed.

Since the proposal actually eliminates certain testing and importation requirements for cattle, sheep, llamas, deer and goats, the Department has determined that compliance with the proposed amendments is economically and technologically feasible.

The amendments will have no impact upon local governments.

6. Minimizing adverse impact:

In conformance with State Administrative Procedure Act section 202-b(1), the amendments were drafted to minimize economic impact and reporting requirements for all regulated parties, including small businesses.

The proposed amendments would ease certain testing and importation requirements for cattle, sheep, llamas, deer and goats. The testing requirements could not be further reduced without significantly increasing the risk of introduction of disease into the New York animal population.

The amendments will have no impact upon local governments.

7. Small business and local government participation:

The Empire State Meat Goat Producers Association, a trade group consisting of goat breeders, submitted a petition to the Department. The petition, signed by 140 meat goat breeders, requests that the Department relax its importation requirements for goats, by deleting the requirements that meat goats have brucellosis and tuberculosis testing prior to entering New York State from states free of these diseases.

On January 5, 2007, the Department mailed copies of the proposed amendments to 1,200 goat, sheep, llama and deer farmers in New York State and requested the farmers to submit comments, if any, on same. To date, the Department has received five (5) comments, each of which expresses support for the proposal.

Since the amendments will have no impact on local governments, there has been no outreach with local governments.

1. Types and estimated number of rural areas:

There are 200 entities in New York State which import cattle, sheep, llamas, deer and/or goats annually. All of these regulated parties are located in rural areas.

2. Reporting, recordkeeping and other compliance requirements; and professional services:

None. The proposed amendments would eliminate the bluetongue testing requirement for cattle, sheep, llamas and deer; the tuberculosis and brucellosis import testing requirements for goats and llamas; and the anaplasmosis testing requirement for llamas and deer. The proposed amendments would also eliminate the requirement that certain sheep and goats entering New York State be accompanied with a certificate of veterinary inspection, provided the animals are entering a specially approved stockyard or recognized slaughtering establishment.

3. Costs:

None. The proposed amendments would reduce costs for regulated parties.

It is anticipated that the elimination of the bluetongue testing requirement for imported cattle, sheep, llama and deer would save regulated parties approximately $6,825 per year. This is predicated upon the importation of 400 cattle, 100 sheep, 300 llama and 500 deer, (1,300 animals in total), to be tested at a cost of $5.25 per test (1,300 × $5.25=$6,825).

It is anticipated that the elimination of the tuberculosis and brucellosis testing requirement for goats and llamas would save regulated parties approximately $30,000 per year. This is predicated upon the importation of 1,000 goats and 1,000 llamas to be tested for both diseases as well as veterinary costs in the form of a second farm visit to read the tuberculosis test.

It is anticipated that the elimination of the anaplasmosis testing requirement for llamas and deer would save regulated parties approximately $8,000 per year. This is predicated upon the importation of 500 deer and 300 llama, (800 animals in total), to be tested at a cost of $10.00 per test (800 × $10.00=$8,000).

4. Minimizing adverse impact:

In conformance with State Administrative Procedure Act section 202-b(1), the amendments were drafted to minimize economic impact and reporting requirements for all regulated parties, including small businesses.

The proposed amendments would ease certain testing and importation requirements for cattle, sheep, llamas, deer and goats. The testing requirements could not be further reduced without significantly increasing the risk of introduction of disease into the New York animal population.

5. Rural area participation:

The Empire State Meat Goat Producers Association, a trade group consisting of goat breeders, submitted a petition to the Department. The petition, signed by 140 meat goat breeders, requests that the Department relax its importation requirements for goats, by deleting the requirements that meat goats have brucellosis and tuberculosis testing prior to entering New York State from states free of these diseases.

On January 5, 2007, the Department mailed copies of the proposed amendments to 1,200 goat, sheep, llama and deer farmers in New York State and requested the farmers to submit comments, if any, on same. To date, the Department has received five (5) comments, each of which expresses support for the proposal.

The proposed amendments would eliminate requirements for bluetongue testing in cattle, sheep, llamas and deer; tuberculosis and brucellosis testing in goats and llamas; and anaplasmosis testing in deer. The proposed amendments would also eliminate the requirement that sheep and goats entering New York State be accompanied with a certificate of veterinary inspection, provided the animals are entering a specifically approved stockyard or recognized slaughtering establishment.

The proposed amendments would have no detrimental impact on jobs and employment opportunities in New York State but rather, could better ensure the retention of jobs in New York State. With fewer testing and importation requirements, the proposed amendments would not only result in dramatic savings to regulated parties in testing costs, but would also facilitate the movement of cattle, sheep, llamas, deer and goats into New York, thereby improving the standing of regulated parties in the national and world marketplace.