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Importation Requirements for Cattle, Sheep, Goats, Llamas and Deer

NY-ADR

3/5/08 N.Y. St. Reg. AAM-30-07-00004-A

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 10

March 05, 2008

RULE MAKING ACTIVITIES

DEPARTMENT OF AGRICULTURE AND MARKETS

NOTICE OF ADOPTION

I.D No. AAM-30-07-00004-A

Filing No. 147

Filing Date. Feb. 19, 2008

Effective Date. Mar. 05, 2008

Importation Requirements for Cattle, Sheep, Goats, Llamas and Deer

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken:

Amendment of sections 53.5 and 62.1; repeal of sections 62.3, 62.4, 62.6 and 62.7 and addition of new sections 62.3, 62.4, 62.6 and 62.7 to Title 1 NYCRR.

Statutory authority:

Agriculture and Markets Law, sections 18, 72, 74 and 76

Subject:

Importation requirements for cattle, sheep, goats, llamas and deer.

Purpose:

To eliminate certain testing and recordkeeping requirements for cattle, sheep, goats, llamas and deer.

Text of final rule:

Subdivision (d) of section 53.5 is repealed and subdivision (e) is re-lettered subdivision (d).

Subdivisions (b), (d) and (l) of section 62.1 are repealed; Subdivisions (c), (e), (f), (g), (h), (i), (j), (k) and (m) of section 62.1 are re-lettered subdivisions (g), (h), (i), (j), (k), (l), (o), (q) and (s); and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:

(c) Area veterinarian in charge is an official of the U.S.D.A. assigned to supervise and perform official animal health work in the State or other states concerned.

(d) Brucellosis-monitored cervid herd means a herd raised under range conditions in which sufficient numbers of sexually intact animals six months of age and older have been tested to provide a 95-percent probability of detecting a 2-percent brucellosis prevalence in the herd.

(e) Certificate of veterinary inspection.

(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.

(f) Certified brucellosis-free cervid herd means a herd of cervidae that has qualified for and has been issued a certified brucellosis-free cervid herd certificate signed by both the area veterinarian in charge and the state animal health official.

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

(n) Scrapie consistent state means a state that the U.S.D.A. has determined either enforces the federal scrapie control program set forth in section 79.6 of title 9 of the Code of Federal Regulations or enforces a state program which the U.S.D.A. determines is at least as effective in controlling scrapie as the federal program.

(p) Specifically approved stockyard means an establishment where sheep or goats are handled under permit or license issued by the department and which has been approved by the department to handle out-of-state sheep or goats.

(r) State animal health official is the official of the State or other states or countries responsible for animal disease control and eradication programs.

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:

Section 62.3. Sheep and Goats.

(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.

Section 62.4. Importation of sheep and goats to a specifically approved stockyard or recognized slaughtering establishment.

Sheep and goats may be moved to a specifically approved stockyard or recognized slaughtering establishment without a certificate of veterinary inspection under the following conditions:

(a) The sheep or goats shall be accompanied by a waybill.

(b) The sheep or goats shall be moved directly to the specifically approved stockyard or recognized slaughtering establishment named as the destination or consignee on the waybill.

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

(d) The sheep or goats transported to a recognized slaughtering establishment shall be slaughtered within 6 days (144 hours) after the time of entry into this State.

(e) The sheep or goats transported to a specifically approved stockyard may be moved without restriction provided that:

(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.

(f) The recognized slaughtering establishment or specifically approved stockyard shall maintain records including consignor, identification numbers, and the destination of all sheep and goats handled under this section. These records shall be maintained for a period of 5 years and be made available for examination upon the request of a representative of the department or U.S.D.A.

Section 62.6. Llamas.

Llamas moved into the State for any purpose shall be accompanied by an approved certificate of veterinary inspection.

Section 62.7. Deer importation.

(a) In order to move deer into the State for any purpose other than immediate slaughter:

(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

(b) For purposes of the enforcement of article 5 of the Agriculture and Markets Law, and except where in conflict with the statutes of this State or with the rules and regulations promulgated by the commissioner, the commissioner hereby adopts the current Federal regulation as it appears in title 9 of the Code of Federal Regulations, subpart C of part 77 (revised as of January 1, 2007; U.S. Government Printing Office, Washington DC 20402), at pages 257–273, entitled Captive Cervids. Copies of this regulation, as published in title 9 of the Code of Federal Regulations, are maintained in a file at the Department of Agriculture and Markets, Division of Animal Industry, 10-B Airline Drive, Albany, New York 12235, and are available for public inspection and copying during regular business hours.

Final rule as compared with last published rule:

Nonsubstantive changes were made in section 62.1(m).

Text of rule and any required statements and analyses may be obtained from:

John P. Huntley, DVM, Director, Division of Animal Industry, Department of Agriculture and Markets, 10B Airline Dr., Albany, NY 12235, (518) 457-3502

Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement

The change made to the last published rule is nonsubstantive in nature. Accordingly, there are no changes to the Regulatory Impact Statement, Regulatory Flexibility Analysis for Small Businesses and Local Governments, Rural Area Flexibility Analysis and Job Impact Statement which were previously submitted.

Assessment of Public Comment

The Department received a comment from John Wertis of BWW Farm in Trumansburg, New York 14886. Mr. Wertis indicates that he does not support the provisions of the proposal which would allow for the movement of out-of-state livestock to slaughter in New York State without certificates of veterinary inspection.

In considering Mr. Wertis' comment, the Department notes that the regulations currently in place allow for the movement of sheep, goats, llama and deer into New York for purposes of immediate slaughter without certificates of veterinary inspection. The proposed amendments do not change these provisions.

In addition, the Department received comments from Lisa Boyle of Cross Creek Farm in New Hampton, New York and Dr. Tatiana Luisa Stanton of Cornell University. Ms. Boyle and Dr. Stanton expressed concern over the definition of “recognized slaughtering facility” in section 62.1(m) of the proposed amendments. They indicated that there are establishments currently accepting sheep and goats for slaughter which are subject only to facility inspections under the United States Department of Agriculture (USDA) and not meat inspections by USDA. By defining “recognized slaughtering establishment” as an establishment at which meat inspection service is provided by the USDA, Ms. Boyle and Dr. Stanton question whether this definition would preclude those establishments from continuing to accept sheep and goats for slaughter, merely because they are not subject to meat inspection by USDA.

In considering the comments by Ms. Boyle and Dr. Stanton, the Department notes that in drafting the proposed regulations, it did not intend to preclude these establishments from continuing to accept sheep and goats for slaughter. Accordingly, the Department has made a nonsubstantive change to section 62.1(m) of the proposed amendment by removing the word “meat” from the definition of “recognized slaughtering establishment.” This change does not materially alter the purpose, meaning or effect of the regulation but rather, clarifies its intended purpose and meaning, which is to continue to allow establishments subject only to USDA facility inspections to accept sheep and goats for slaughter.

End of Document