Subdivision (c) of section 351.3 is amended to read as follows:

(c) All animals presented for admission to a fair that originate from a location other than this State shall meet all State importation regulations appropriate to the species in addition to the requirements of this Part. State importation requirements can be obtained by contacting the department at [One Winners Circle] 10B Airline Drive, Albany, NY 12235, (518) 457-3502, www.agmkt.state.ny.us

Section 351.5 is amended to read as follows:

(a) To qualify for admission to a fair all camels, deer, elephants, llamas, non-human primates, ruminants and swine must:

(1) be accompanied by an original intrastate or interstate certificate of veterinary inspection which shall be presented to the commissioner at any time upon request; and

(2) be permanently and uniquely identified by an official approved means or device including an official eartag, [tattoo] registration tattoo, electronic identification or a sketch or photograph signed and dated by the accredited veterinarian who has inspected the individual animal.

Section 351.7 is repealed and a new section 351.7 is added to read as follows:

Section 351.9 is amended to read as follows:

In addition to the requirements listed in sections 351.3 and 351.4 of this Part, all horses six months of age or older presented for admission to a fair must be accompanied by an original certificate or statement showing that the horse has tested negative to a USDA approved test for equine infectious anemia (swamp fever) during the calendar year in which the fair is held or during the preceding calendar year.

[(a) Foals less than six months of age accompanied by a test negative dam do not have to be tested.]

[(b)] (a) The required certificate shall include a complete identification of the horse, the date of the test, and the name and address of the laboratory that conducted the test.

[(c)] (b) The certificate must be signed by an accredited veterinarian and the director of the laboratory where the test was conducted.

Section 351.10 is repealed and a new section 351.10 is added to read as follows:

Section 351.10 New World camelidae.

Subdivision (a) of section 351.12 is amended to read as follows:

(a) shall not originate from any state where the commissioner has determined that highly pathogenic avian influenza is present. A list of such states is maintained at the offices of the department's Division of Animal Industry, [One Winners Circle,] 10B Airline Drive, Albany, NY 12235; and

Section 351.13 is amended by adding a new subdivision (c) to read as follows:

(c) All sheep and goats must be individually identified by U.S.D.A. approved scrapie program identification as required under section 62.5 of this Title.

The Department has considered the proposed amendments to Part 351 and has determined that this rule making is a consensus rule making within the meaning of section 101(11) of the State Administrative Procedure Act (SAPA), in that no person is likely to object to its adoption because it merely repeals regulatory provisions which are no longer applicable to any person (SAPA section 101(11)(a)) and/or makes technical changes or is otherwise non-controversial (SAPA section 101(11)(c)).

This proposal consists of seven amendments to Part 351.

1) Section 351.1(q).

Section 351.1(q) defines "llama" as "any member of the genus Lama including llamas, alpacas, vicunas, and guanacos." The proposed amendment would repeal section 351.1(q) and add a new section 351.1(q), which would define "New World camelidae" as "any member of the camelidae family native to South America, including alpacas (Vicugna pacos), llamas (Lama glama), guanacos (Lama guanicoe) and vicunas (Vicugna vicugna)."

This amendment is a consensus rule within the meaning of SAPA section 101(11)(c). The current definition of "llama" and the proposed definition of "New World camelidae" consists of the same animals. The change in nomenclature is designed to make the definition consistent with prevailing biological classification practices for animals. Since this is a technical change that is non-controversial, the Department has determined that no one is likely to object to its adoption.

2) Section 351.3(c).

The proposed amendment to section 351.3(c) would update the Department's street address and add the Department's e-mail address.

This amendment is a consensus rule within the meaning of SAPA section 101(11)(c), since it is merely a technical change. Accordingly, the Department has determined that no one is likely to object to its adoption.

3) Section 351.7.

Section 351.7 requires that all deer presented for admission to a fair be accompanied by an original intrastate or interstate certificate of veterinary inspection that contains proof that the deer to be admitted originated from either a herd classified as accredited, under 9 CFR section 77.35, or qualified, under 9 CFR section 77.36. The proposed amendment would repeal these references to the federal regulations and replace them with a requirement that deer presented for admission to a fair be accompanied by a permit as required by Parts 60, 62 and 68 of 1 NYCRR.

This amendment is a consensus rule within the meaning of SAPA section 101(11)(c). Department regulations governing health requirements for sheep, goats, llamas and deer (Part 62 of 1 NYCRR) have since been amended to incorporate by reference, Part 77 of 9 CFR which includes sections 77.35 and 77.36. In addition, Parts 60, 62 and 68 of 1 NYCRR require permits for the movement of deer in the State, including fairs within the State. Accordingly, since this amendment is a technical change that clarifies existing regulatory requirements and as such is non-controversial, the Department has determined that no one is likely to object to its adoption.

4) Section 351.9.

Section 351.9 requires that all horses presented for admission to a fair be accompanied by an original certificate or statement showing that the horse has tested negative to a United States Department of Agriculture (USDA) approved test for equine infectious anemia during the calendar year in which the fair is held or during the preceding calendar year. Section 351.9 also requires that the certificate include the identity of the horse, date of the test, name and address of the laboratory conducting the test and the signature of the laboratory director or accredited veterinarian. Finally, section 351.9 exempts from this requirement a foal less than six months of age accompanied by its mother which has tested negative. The proposed amendment would exempt from this test all horses under six months of age.

This amendment is a consensus rule within the meaning of SAPA section 101(11)(c). Department regulations governing the movement and transfer of horses and other equidae (Part 64 of 1 NYCRR) only require proof of testing for equine infectious anemia on horses six months or more of age. These regulations apply to the movement and transfer of horses in the State, including fairs within the State. Accordingly, since this amendment is a technical change that clarifies existing regulatory requirements and as such is non-controversial, the Department has determined that no one is likely to object to its adoption.

5) Section 351.10.

Section 351.10 requires that all llamas presented for admission to a fair be accompanied by an original intrastate or interstate certificate of veterinary inspection showing that llamas over one year of age tested negative on a thoracic tuberculosis skin test or that the llamas' herd of origin has tested negative for tuberculosis within the previous five years. The proposed amendment would repeal the tuberculosis testing requirement and replace it with a requirement that the llamas be accompanied with proof of having tested negative for being persistently infected with bovine viral diarrhea (BVD).

The amendment repealing the tuberculosis testing requirement for llamas is a consensus rule within the meaning of SAPA section 101(11)(a). Department regulations governing health requirements for sheep, goats, llamas and deer (Part 62 of 1 NYCRR) have since been amended to repeal tuberculosis testing requirements for goats and llamas. Department regulations in Part 62 no longer require tuberculosis testing for llamas in the State, including llamas presented for admission at fairs. Accordingly, since this amendment merely repeals regulatory provisions which are no longer applicable to any person, the Department has determined that no one is likely to object to its adoption.

The amendment adding the requirement that llamas entering a fair be accompanied with proof that the animals have tested negative for being persistently infected with BVD is a consensus rule within the meaning of SAPA section 101(11)(c).

BVD is a disease which is caused by a pestivirus from the family Flavivirida. The disease afflicts animals in one of two ways. Acutely infected animals are often unvaccinated against the disease and upon exposure, manifest symptoms, including mucosal erosions and diarrhea. BVD reduces productivity and increases mortality in these animals. Persistently infected animals are exposed to BVD during mid-gestation, which results in the fetus incorporating the virus into its biological chemistry. Consequently, the fetus never recognizes the BVD virus as a foreign invader and upon birth, becomes a carrier of the disease, shedding the virus in such great numbers that vaccinated as well as unvaccinated animals are often at risk for contracting BVD. Although occasionally exhibiting decreased weight gain, increased disease susceptibility and reduced fertility, persistently infected animals often exhibit no clinical signs of BVD. For this reason, a test is the only way to determine whether an animal is persistently infected with BVD and thus a threat to vaccinated as well as unvaccinated animals.

Section 351.6 currently requires that cattle entering a fair be accompanied with proof that the animals have tested negative for being persistently infected with BVD. This amendment would extend this protection to llamas, thereby helping to ensure the health of animals attending fairs. 406 llamas and alpacas were exhibited at fairs in 2008. Since the Alpaca Owners and Breeders Association (AOBA) now requires this BVD test for all sanctioned alpaca shows, it is anticipated that many alpacas have already been tested, thereby reducing the total number of animals which would need to be tested. The amendment would require untested animals to be tested only once at a cost of $36.00 per animal. Since the testing can be done in pools of two animals (if under 61 days of age) or pools of five animals (if 61 days of age or older), the cost of the test, per animal, could be reduced to $18.00 and $7.20, respectively.

In light of the foregoing, the Department concludes that the proposed amendment is a necessary and beneficial animal disease control measure which would benefit all regulated parties at minimal cost. For this reason, the Department has determined that this rule making is a consensus rule making, in that no person is likely to object to the rule as written, since it is non-controversial.

6) Section 351.12.

The proposed amendment to section 351.12 would update the Department's street address.

This amendment is a consensus rule within the meaning of SAPA section 101(11)(c), since it is merely a technical change. Accordingly, the Department has determined that no one is likely to object to its adoption.

7) Section 351.13.

Section 351.13 requires that all sheep and goats presented for admission to a fair be accompanied by an original intrastate or interstate certificate of veterinary inspection showing that the herd of origin was inspected on or after May 1st of the current year and no evidence of contagious, infectious or communicable disease was found. The proposed amendment would add a requirement that all sheep and goats be individually identified by USDA-approved scrapie program identification as required under section 62.5 of 1 NYCRR.

This amendment is a consensus rule within the meaning of SAPA section 101(11)(c). Department regulations governing health requirements for sheep, goats, llamas and deer (Part 62 of 1 NYCRR) have since been amended to incorporate by reference, federal regulations at Part 79 of 9 CFR which set forth animal identification requirements under the USDA's scrapie program. These regulations apply to all sheep and goats in the State, including those presented for admission to a fair. Accordingly, since this amendment is a technical change that clarifies existing regulatory requirements and as such is non-controversial, the Department has determined that no one is likely to object to its adoption.

The proposed amendments to Part 351 would clarify regulatory requirements, make technical changes to existing regulations and better protect the health of New World camelidae exhibited at fairs by requiring proof that all such animals have a negative test for being persistently infected with bovine viral diarrhea.

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. By clarifying regulatory requirements and making technical changes to existing regulations, the proposal would better enable regulated parties to comply with those requirements. By requiring all New World camelidae entering fairs to have a negative test for being persistently infected with BVD, the proposal would help further protect these animals in the State against this disease, thereby helping protect regulated parties against potential financial losses. This would help protect jobs in New York State for farm workers engaged in such activities as trucking; building and maintaining fencing and shelter; brokering; locating sources and markets; and moving and watering as needed.