AAM-04-12-00010-P Movement and Transfer of Horses and Other Equidae

1/25/12 N.Y. St. Reg. AAM-04-12-00010-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 4

January 25, 2012

RULE MAKING ACTIVITIES

DEPARTMENT OF AGRICULTURE AND MARKETS

PROPOSED RULE MAKING

HEARING(S) SCHEDULED

 

I.D No. AAM-04-12-00010-P

Movement and Transfer of Horses and Other Equidae

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

Proposed Action:

Repeal of sections 64.1, 64.2 and 64.3; and addition of new sections 64.1, 64.2, 64.3 and 64.12 to Title 1 NYCRR.

Statutory authority:

Agriculture and Markets Law, sections 18(6), 72(3), 74(5) and (9)

Subject:

Movement and transfer of horses and other equidae.

Purpose:

To establish an Equine Interstate Passport Program.

Public hearing(s) will be held at:

11:00 a.m., March 15, 2012 at Department of Agriculture and Markets, 10B Airline Dr., Albany, NY.

Interpreter Service:

Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.

Accessibility:

All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.

Text of proposed rule:

1 NYCRR section 64.1 is repealed and a new 1 NYCRR section 64.1 is added to read as follows:

§ 64.1 General Requirements.

(a) No horse or other equidae shall be imported into the State, unless:

(1) Exempted by the provisions of section 64.5 or 64.9 of this Part or

(2) Accompanied by a certificate of veterinary inspection signed by a veterinarian licensed and accredited by the state or country in which a physical examination of the animal was made and, further provided, that no such animal shall enter the State until the original of said certificate has been placed in the mail for delivery first class to the chief veterinarian of the state or country where the examination was made, or

(3) If imported into New York for a purpose other than breeding or sale, it is accompanied by a valid Equine Interstate Passport or the equivalent issued under the authority of the state of origin and bearing the signature of the state veterinarian, chief animal health officer or the equivalent of the state of origin.

1 NYCRR section 64.2 is repealed and a new section 64.2 is adopted to read as follows:

§ 64.2 Form of certificate, permit or equivalent.

(a) The information on the aforesaid certificate of veterinary inspection, Equine Interstate Passport or the equivalent shall include the name of the owner or trainer of the animal or animals, together with the complete address, date of examination, and name, breed or association registration number if any, breed, brand, tattoo if any, sex, age, color and markings of each animal listed on the certificate. In addition, a certificate of veterinary inspection shall include the consignee or destination in New York with the address, number of animals examined, and the establishment or premises where the animals were examined.

(b) Said certificate of veterinary inspection, Equine Interstate Passport or the equivalent shall also include, or have attached thereto, a report of a USDA approved negative agar gel immunodiffusion test, ELISA test or other U.S.D.A. - approved test for equine infectious anemia which complies with the provisions of section 64.4 of this Part.

(c) The Commissioner, when he or she deems it appropriate, such as in the case of an outbreak of an infectious or contagious disease, may require that the certificate of veterinary inspection, Equine Interstate Passport or the equivalent, include additional certifications concerning the health status of the herd or state of origin.

1 NYCRR section 64.3 is repealed and a new 1 NYCRR section 64.3 is added to read as follows:

§ 64.3 Time limitation of certificate.

(a) The aforesaid Equine Interstate Passport or the equivalent shall be valid for the purposes of this Part, for six (6) months following the date of examination appearing on the permit or twelve (12) months after the date of the negative equine infectious anemia test, whichever is earlier.

(b) The aforesaid certificate of veterinary inspection shall be valid for the purposes of this Part, until and including the 30th day following the date of examination appearing on the certificate.

A new 1 NYCRR section 64.12 is added to read as follows:

§ 64.12 New York Equine Interstate Passport.

(a) A New York Equine Interstate Passport will be issued to certify the existence of an official negative EIA test within the previous twelve (12) months and a valid New York Equine Certificate of Veterinary Inspection (Equine) within the previous six (6) months, for a specifically identified New York origin horse provided that:

(1) The purpose of the Equine Interstate Passport is solely to allow routine interstate movement, between New York and the other states that have mutually agreed to recognize such Equine Interstate Passport or the equivalent, for the purpose of participation in certain equine events for which the Passport or the equivalent has been approved by the state of destination.

(2) The application for the New York Equine Interstate Passport shall include:

(i) An electronic copy of digital photographs including full views of both sides and a front view of the head of the horse and

(ii) A New York State Origin Certificate of Veterinary Inspection that includes the following:

(a) The horse owner's name, complete address and telephone number;

(b) The date of qualifying veterinary examination, name, address and federally assigned premises number of the premises where the veterinary examination occurred;

(c) The name, accreditation number, and signature of the veterinarian doing the qualifying examination;

(d) A complete description of the horse including name, breed, color, age, sex and, if present, microchip, tattoo, brand or other manmade identification numbers; and

(e) For the qualifying EIA test, the date of the test, test results, laboratory name and accession number.

(3) The New York Equine Interstate Passport shall be valid for six (6) months following the date of examination appearing on the permit or twelve (12) months after the date of the negative equine infectious anemia test, whichever is earlier.

(4) The owner or owner's agent must maintain a log of all interstate movements of the horse during the duration of the Equine Interstate Passport, including the name and complete address of the premises, and the arrival and departure dates. This interstate log shall be available for examination by any agent of the New York State Department of Agriculture and Markets or the United States Department of Agriculture. This interstate log shall be sent to the New York State Department of Agriculture and Markets within 30 days of the expiration of the Equine Interstate Passport.

(5) In the event there is a change in the ownership of a horse or other equidae for which a New York Equine Interstate Passport has been issued, the passport shall no longer be valid and the previous owner in whose name the passport was issued shall, within 48 hours, notify the Department of such change in ownership and send the passport, together with the interstate log, to the Department.

(6) Failure to submit required information, falsification of required information or the failure to produce the interstate log when requested will result in the cancellation of the Equine Interstate Passport.

(7) The Commissioner or his or her authorized agent may decline to issue an Equine Interstate Passport for an owner, owner's agent, or horse which has been the subject of the cancellation of an Equine Interstate Passport, or the equivalent.

(8) An Equine Interstate Passport or the equivalent does not supersede or replace State or local laws or regulations governing specific equine events.

(9) Information regarding applying for an Equine Passport may be obtained from the Division of Animal Industry, New York Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235-0001.

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

David Smith, D.V.M., Director, Division of Animal Industry, NYS Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235, [phone]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

Five days after the last scheduled public hearing.

Regulatory Impact Statement

1. Statutory authority:

Agriculture and Markets Law section 18(6) provides that subject and in conformity to said Law and the Constitution and laws of the State, the Commissioner may enact, amend and repeal necessary rules, including rules which shall provide generally for the exercise of the powers and performance of the duties of the Department as prescribed in said Law and the laws of the State and for the enforcement of their provisions and the provisions of the rules enacted. Pursuant to this authority, this rule establishes an Equine Interstate Passport Program to facilitate the importation of healthy horses and other equidae into New York State. In so doing, it provides for the exercise of the powers and performance of the duties of the Department as set forth in Agriculture and Markets Law section 74 relating to the importation of domestic animals and as set forth in Agriculture and Markets Law section 72 relating to the control and suppression of disease in domestic animals.

Agriculture and Markets Law section 74(9) authorizes the Commissioner, after public hearing, to adopt and promulgate rules and regulations to implement and give full force and effect to the provisions of section 74 of said Law relating to the importation of domestic animals, including rules and regulations requiring a permit for the importation of domestic or feral animals into the State. Pursuant to this authority, the proposed rule provides for the importation of horses and other equidae into the State accompanied by Equine Interstate Passports, or the equivalent, or health certificates.

Agriculture and Markets Law section 72(3) provides that, among other things, the Commissioner may adopt and enforce rules and regulations for the control, suppression or eradication of communicable diseases in domestic animals or for the purpose of preventing the spread of infection and contagion among such animals, or from such animals to humans. Pursuant to this authority, the proposed rule requires that horse or other equidae imported into the State must be accompanied by a certificate of veterinary inspection signed by a veterinarian licensed and accredited by the state or country in which a physical examination of the animal was made or by a valid Equine Interstate Passport or the equivalent issued under the authority of the state of origin and bearing the signature of the state veterinarian, chief animal health officer or the equivalent of the state of origin. In so doing, the rule will help to ensure that only healthy horses or other equidae that have been examined by a qualified veterinarian are imported into the State.

2. Legislative objectives:

The public policy objectives the Legislature sought to advance by enacting Agriculture and Markets Law sections 74 and 72 include providing for the regulation of the importation of domestic animals, such as horses and other equidae, and preventing the introduction of infectious and communicable disease into the State. The proposed rule accords with these objectives by requiring that horses and other equidae imported into the State be accompanied by a Certificate of Veterinary Inspection signed by a veterinarian licensed and accredited by the state or country in which a physical examination of the animal was made or by a valid Equine Interstate Passport or the equivalent issued under the authority of the state of origin and bearing the signature of the state veterinarian, chief animal health officer or the equivalent of the state of origin. This will help to ensure that only healthy horses and other equidae are imported into the State.

3. Needs and benefits:

In recent years states throughout the United States have entered into cooperative, voluntary programs designed to facilitate the interstate movement of horses between participating states by means of documents commonly known as equine interstate passports or entry permits. States participating in these programs permit a qualified horse to enter their state for certain purposes if the horse is accompanied by a passport or permit issued under the authority of the regulatory authorities of the participating state which is the horse's home.

The web-based systems utilized by the Department to issue Equine Interstate Passports will be operated by private companies or governmental entities authorized by the Department. They will require that a testing veterinarian apply for access to the system and for the system administrator to confirm the veterinarian's identity and qualifications. The veterinarian will then test the horse, submit the blood to a laboratory, fill out the test chart and upload digital photographs of the horse to the system. The testing laboratory will then put the accession information and test results on a health chart and make it available to the testing veterinarian and the Department online. The testing veterinarian will complete the certificate of veterinary inspection and sign it electronically. The system administrator will then produce the Equine Interstate Passport, mail it to either the horse owner or the veterinarian and notify the Department electronically.

Equine Interstate Passports or Permits are valid for six months and may be used in place of the interstate health certificates that must otherwise accompany horses moving interstate and which are valid for only thirty days. By reducing the frequency of the renewal of the documents required for the interstate movement of horses, equine passport programs reduce the costs associated with such movement, including the cost of the veterinary health examinations required for the issuance of interstate certificates or passports. Additional passport requirements such as digital photographs or identifier microchips help to verify the identity of horses moving interstate and to deter the illegal movements of such horses.

States throughout the United States have implemented equine interstate permit programs. In 1994, Missouri implemented such a program and in 1995, California, Nevada, Oregon, Idaho, Washington and Montana followed suit by establishing such a program. In 2000 Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Virginia and West Virginia agreed to accept six month interstates. Arkansas in 2002 implemented such a program. In 2007 the nine of the ten states of the United States Animal Health Association: Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, Rhode Island and Vermont agreed to the use of six month equine interstates. Most recently in 2011, Texas implemented such a program.

The proposed rule maintains existing provisions permitting the importation of horses or other equidae into the State accompanied by a certificate of veterinary inspection. It adds a provision permitting the importation of horses accompanied by a valid Equine Interstate Passport or the equivalent issued under the authority of the state in which the horses originated and bearing the signature of the state veterinarian, chief animal health officer or the equivalent of the state of origin. This provision will help to ensure that the information upon which the passport has been issued has been verified by a responsible official with animal health expertise. Like a certificate of veterinary inspection, the Equine Interstate Passport is required to include the name of the owner or trainer of the animal or animals, together with the complete address, date of examination, and name, breed or association number, if any, breed, brand, tattoo if any, sex, age, color and markings of each animal listed on the certificate, passport or equivalent. This provision will permit verification that the animal or animals being imported into the State accompanied by a passport, are, in fact, the animals for which the passport was issued and which met the qualification for such issuance.

A certificate of veterinary inspection must also include the consignee or destination in New York with the address, number of animals examined, and the establishment or premises where the animals were examined. This provision will permit animals imported accompanied by a certificate of veterinary inspection to be located at their destination within New York.

A certificate of veterinary inspection, Equine Interstate Passport or the equivalent must also include or have attached a report of a USDA approved negative agar gel immunodiffusion test, ELISA test or other USDA approved test for equine infectious anemia. This provision will help to ensure that horses being imported into New York are not infected with equine infectious anemia, a potentially fatal viral disease that affects horses and is transmitted by biting insects.

The Commissioner, when he or she deems it appropriate, such as in the case of an outbreak of an infectious or contagious disease may require that the certificate of veterinary inspection, Equine Interstate Passport or the equivalent include additional certifications concerning the health status of the herd or state of origin. This provision will help to ensure that horses entering New York from states where there is an outbreak of an infectious or contagious disease are not affected by that disease.

The proposed rule provides that an Equine Interstate Passport or the equivalent shall be valid for six months following the date of examination appearing on the permit or twelve months after the date of the negative equine infectious anemia test, whichever is earlier. This provision will reduce the frequency of the renewal of documents required for the interstate movement of horses and the costs associated herewith, while helping to ensure a Equine Interstate Passport accurately reflects the health status of the horse for which it was issued.

The proposed rule provides that a certificate of veterinary inspection shall be valid until and including the 30th day following the date of examination appearing on the certificate. This provision will help to ensure that horses from states which do not issue Equine Interstate Passports or the equivalent may be imported into New York accompanied by certificates of veterinary inspection and that certificates accurately reflect the health status of such horses.

The proposed rule establishes conditions for the issuance of New York Interstate Passports to allow the movement of horses between New York and the other states that have mutually agreed to recognize such Passports or the equivalent including applications containing digital photographs of the horse, a New York State Origin Certificate of Veterinary Inspection that includes the horses owner's name, address and telephone, information regarding the qualifying veterinary examination, information regarding the veterinarian who conducted the qualifying examination, a complete description of the horse, and information regarding the qualifying Equine Infectious Anemia test. These conditions will help to ensure that the horse for which each Passport has been issued is clearly identified and that Passports are issued only for horses that have been properly examined and found to qualify for Passports.

The proposed rule requires that the owner of a horse or the owner's agent must maintain a log of all interstate movements of the horse during the duration of an Equine Passport. Such logs must be made available for examination by agents of the Department or the USDA and must be sent to the Department within 30 days of the expiration of the Passport. These requirements will help to ensure that the interstate movements of horses for which Passports have been issued can be traced. This information will help regulatory authorities to verify that horses have been moved under the authority of the Passports only to destinations and events authorized under the Passport program.

The proposed rule provides that in the event there is a change in the ownership of a horse or other equidae for which a New York Interstate Passport has been issued, the passport shall no longer be valid and the previous owner in whose name the passport was issued shall, within 48 hours, notify the Department of such change in ownership and send the passport, together with the interstate log, to the Department.

The proposed rule provides that an Equine Interstate Passport will be cancelled in the event of the failure to submit required information, the falsification of required information or the failure to produce an interstate log when requested. Such a cancellation may result in the Commissioner declining to issue an Equine Interstate Passport for an owner, owner's agent or horse which was the subject of the cancellation. This requirement will help to ensure that only those who are willing and able to comply with the conditions of the Equine Interstate Passport program are accorded the privilege of participating in the Program.

The proposed rule provides that the Equine Interstate Passport or the equivalent does not supersede or replace State or local laws or regulations governing specific equine events. This requirement will help to ensure that equine events may impose additional requirements such as the issuance of a Certificate of Veterinary Inspection, on horses participating in said events. This requirement will help to ensure that horses are transported using Equine Interstate Passports only to equine events for which such Passports have been approved.

4. Costs:

(a) Costs: Approximately 5,000 horses are legally imported into New York State each year. A similar number are exported. Assuming that each horse owner who obtains a certificate of veterinary inspection averages two horse exports a year, approximately 6,000 horse owners and trainers currently obtain certificates of veterinary inspection. Equine Interstate Passport cards currently cost $25.00. The costs associated with the veterinary health examination and certificate of veterinary inspection will remain between $50.00 and $150.00, but the use of Equine Interstate Passports will eliminate the need to obtain such examinations and certificates every thirty days, resulting in savings to the owners of horses that travel interstate monthly or more often, of between $100.00 and $875.00 over the six month duration of an Equine Interstate Passport.

(b) Costs to agency, state and local governments: There will be no costs to local governments or the State other than the cost to the Department. The cost to the Department to administer the program will be minimal since the Department's Division of Animal Industry is already utilizing a similar system to issue Equine Infectious Anemia test/rabies vaccination cards for use within the State. The minimal cost of time and materials will be offset by the savings associated with receiving and maintaining information in electronic format rather than via paper records. It is anticipated that multiple interstate trips will be made using each Passport. Since under the present system each movement of a horse into or out of the State generates a certificate of veterinary inspection, it is anticipated that the Equine Interstate Passport System will reduce by half the approximately 5,000 paper certificates currently handled by the Department each year, resulting in annual savings of $5,000 in clerical services.

(c) Source: Costs are based upon data from the records of the Department's Division of Animal Industry.

5. Local government mandates:

The proposed rule does not impose any program, service, duty or responsibility upon any county, city, town, village, school district, fire district, or other special district.

6. Paperwork:

The rule provides for horses to be imported into New York State accompanied by either a certificate of veterinary inspection or, for purposes other than breeding or sale, an Equine Interstate Passport or the equivalent. It also provides for the issuance of New York Equine Interstate Passports. Certificates of Veterinary Inspection and Equine Interstate Passports or the equivalent are required to include or have attached thereto a report of a USDA approved negative agar gel immunodiffusion test, ELISA test or other USDA approved test for equine infectious anemia. When the Commissioner deems it appropriate, such as in the case of an outbreak of an infectious or contagious disease, he or she may also require that additional health certifications be provided concerning the health status of the herd or state of origin. The application for a New York Equine Interstate Passport shall include an electronic copy of digital photographs of the horse and a New York State Origin Certificate of Veterinary Inspection. The horse owner or owner's agent must maintain a log of all interstate movements during the duration of the Equine Interstate Passport, including the name and complete address of the premises and the arrival and departure dates. The interstate log must be sent to the New York State Department of Agriculture and Markets within 30 days of the expiration of the Equine Interstate Passport. In the event there is a change in the ownership of a horse or other equidae for which New York Interstate Passport has been issued, the passport shall no longer be valid and the previous owner in whose name the passport was issued shall, within 48 hours, notify the Department of such change in ownership and send the passport, together with the interstate log, to the Department. Applications for Equine Passports will be available from the Department.

7. Duplication:

None.

8. Alternatives:

The requirements established for Equine Interstate Passports by this rule are similar to those established by the other states that issue and recognize such Passports. In order for New York Equine Interstate Passports to be used for the routine interstate movement of horses between New York State and the other states that have mutually agreed to recognize such Passports, the requirements established by New York must be similar to those of the other participating states. Developing a unique system for New York was considered an alternative that was considered, but rejected due to the cost savings from utilizing the existing technology that is currently available from commercial vendors. In addition, by conforming to the standards that have been established by other states, New York will ensure that passports written for New York will be accepted in other states.

9. Federal standards:

The rule does not exceed any minimum standards of the federal government for the same or similar subject area.

10. Compliance schedule:

It is anticipated that regulated parties can immediately comply with the rule.

Regulatory Flexibility Analysis

1. Effect of Rule:

The small businesses that will be affected by the rule are the approximately 6,000 horse owners who export horses from New York each year. The rule would have no impact on local governments.

2. Compliance Requirements:

The rule provides for horses to be imported into New York State accompanied by either a Certificate of Veterinary Inspection or, for purposes other than breeding or sale, an Equine Interstate Passport or the equivalent.

The rule also provides for the issuance of a New York Equine Interstate Passports for horses being exported to states that recognize such passports. Applications for such Passports may be obtained from the Department. Certificates of Veterinary Inspection and Equine Interstate Passports or the equivalent are required to include or have attached thereto a report of a USDA approved negative agar gel immunodiffusion test, ELISA test or other USDA approved test for equine infectious anemia.

The application for a New York Equine Interstate Passport must include an electronic copy of digital photographs of the horse and a New York State Origin Certificate of Veterinary Inspection.

The horse owner or the owner's agent must maintain a log of all interstate movements of the horse during the duration of the Equine Interstate Passport, including the name and complete address of the premises, and the arrival and departure dates. The interstate log shall be available for examination by any agent of the Department or the United States Department of Agriculture. Within 30 days of the expiration of the Equine Interstate Passport the interstate log shall be sent to the Department. In the event there is a change in the ownership of a horse or other equidae for which a New York Equine Interstate Passport has been issued, the passport shall no longer be valid and the previous owner in whose name the passport was issued shall, within 48 hours, notify the Department of such change in ownership and send the passport, together with the interstate log, to the Department.

3. Professional Services:

Horse owners who wish to obtain Equine Interstate Passports will need the professional services of accredited veterinarians to examine and test their horses and issue Certificates of Veterinary Inspection. Horse owners currently need these services when they import horses using a Certificate of Veterinary Inspection.

4. Compliance Costs:

(a) Costs to regulated parties:

Equine Interstate Passport cards currently cost $25.00.

The total cost associated with the Equine Interstate Passport will be the cost of the card, together with the cost of veterinary examination and testing which is estimated to be between $50.00 and $150.00, depending upon the number of animals examined. Since the cards are valid for up to six months and the current certificates are only valid for 30 days, owners who take their horses on multiple trips will save between $100 and $875 depending upon how often their horse is moved.

(b) Costs to local governments:

There will be no costs to local governments.

5. Economic and Technological Feasibility:

The economic and technological feasibility of complying with the proposed amendments has been assessed. The rule is economically feasible. Equine Interstate Passport cards currently cost $25.00. The costs associated with the veterinary health examination and certificate of veterinary inspection will remain between $50.00 and $150.00, but the use of Equine Interstate Passports will eliminate the need to obtain such examinations and certificates every thirty days, resulting in savings to owners of horses that travel interstate monthly or more often of between $100.00 and $875.00 over the six month duration of an Equine Interstate Passport. The rule is technologically feasible. Horse owners who wish to import or export horses are already obtaining the examinations and testing for their horses that are prerequisites for obtaining the required Certificate of Veterinary Inspection. The Department is already utilizing a system similar to the Equine Interstate Passport system to issue Equine Infectious Anemia test/rabies vaccination cards for use within the State.

6. Minimizing Adverse Impact:

The rules will have no impact on local government.

In conformance with State Administrative Procedure Act § 202-b(1), the rule was drafted to minimize economic import and reporting requirements for all regulated parties, including small businesses by limiting the requirements that must be met in order to obtain an Equine Interstate Passport to those necessary to establish the identity and health status of the horse for which the Passport is sought, while reducing the frequency of the veterinary health examination and Certificate of Veterinary Inspection necessary for the interstate movement of horses.

7. Small Business and Local Government Participation:

In developing this rule the Department solicited comments from the following representatives of horse owners and other interested parties: the 4-H Youth Development Office, the New York State Association of Agricultural Fairs, Inc., the Empire State Arabian Horse Association, the Harness Horse Association of Central New York, the New York Horse Breeding Development Fund, the New York State Horse Council, the Jockey Club, the New York State Morgan Horse Society, the New York Thoroughbred Breeders, Inc., the New York State Veterinary Medical Society and the New York State Racing and Wagering Board.

Comments were received from the Racing and Wagering Board and the New York Thoroughbred Breeders, Inc. They supported the proposed rule. In addition, the proposed rule was discussed in person and via telephone with the State Veterinarians of Florida, Tennessee, Maine, Rhode Island, Connecticut, Massachusetts, New Hampshire, Vermont, New Jersey and Pennsylvania, who were all in agreement with the proposal.

Rural Area Flexibility Analysis

1. Types and Estimated Numbers of Rural Areas:

The owners of horses for which Equine Interstate Passports will be issued are located throughout the rural areas of New York State.

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

The rule provides for horses to be imported into New York State accompanied by either a Certificate of Veterinary Inspection or, for purposes other than breeding or sale, an Equine Interstate Passport or the equivalent.

The rule also provides for the issuance of a New York Equine Interstate Passports for horses being exported to states that recognize such Passports. Information regarding applying for such Passports may be obtained from the Department. Certificates of Veterinary Inspection and Equine Interstate Passports or the equivalent are required to include or have attached thereto a report of a USDA approved negative agar gel immunodiffusion test, ELISA test or other USDA approved test for equine infectious anemia.

The application for a New York Equine Interstate Passport must include an electronic copy of digital photographs of the horse and a New York State Origin Certificate of Veterinary Inspection.

The horse owner or the owner's agent must maintain a log of all interstate movements of the horse during the duration of the Equine Interstate Passport, including the name and complete address of the premises, and the arrival and departure dates. The interstate log shall be available for examination by any agent of the Department or the United States Department of Agriculture. Within 30 days of the expiration of the Equine Interstate Passport the interstate log shall be sent to the Department.

In the event there is a change in the ownership of a horse or other equidae for which a New York Equine Interstate Passport has been issued, the passport shall no longer be valid and the previous owner in whose name the passport was issued shall, within 48 hours, notify the Department of such change in ownership and send the passport, together with the interstate log, to the Department.

3. Costs:

Equine Interstate Passport cards currently cost $25.00.

The total cost associated with the Equine Interstate Passport will be the cost of the card, together with the cost of veterinary examination and testing which is estimated to be between $50.00 and $150.00, depending upon the number of animals examined. Since the cards are valid for up to six months and the current certificates are only valid for 30 days, owners who take their horses on multiple trips will save between $100 and $875 depending upon how often their horse is moved.

4. Costs to local governments:

There will be no cost to local government.

5. Minimizing adverse impact:

The rule was designed to minimize any adverse impact on rural areas and consideration was given to the approaches suggested by State Administrative Procedure Act § 202-bb(2) and other similar approaches. The rule limits the requirements that must be met in order to obtain an Equine Interstate Passport to those necessary to establish the identity and health statues of the horse for which the passport is sought, while reducing the frequency with which veterinary health examinations are conducted and certificates of Veterinary Inspection are issued in connection with the interstate movement of horses.

6. Rural area participation:

In developing this rule the Department has complied with State Administrative Procedure Act § 202-bb(7) by consulting with the following representatives of the horse owners and other interested parties affected by this rule, most of whom are located in the rural areas of the State: the 4-H Youth Development Office, the New York State Association of Agricultural Fairs, Inc., the Empire State Arabian Horse Association, the Harness Horse Association of Central New York, the New York Horse Breeding Development Fund, the New York State Horse Council, the Jockey Club, the New York State Morgan Horse Society, the New York Thoroughbred Breeders, Inc., the New York State Veterinary Medical Society and the New York State Racing and Wagering Board.

Comments were received from the Racing and Wagering Board and the New York Thoroughbred Breeders, Inc. They supported the proposed rule. In addition, the proposed rule was discussed in person and via telephone with the State Veterinarians of Florida, Tennessee, Maine, Rhode Island, Connecticut, Massachusetts, New Hampshire, Vermont, New Jersey and Pennsylvania, who were all in agreement with the proposal.

Job Impact Statement

1. Nature of Impact:

It is not anticipated that there will be an impact on jobs and employment opportunities.

2. Categories and Numbers Affected:

Approximately 6,000 horse owners and trainers currently obtain certificates of veterinary inspection each year.

3. Regions of Adverse Impact:

The horse owners and trainers are located throughout the State.

4. Minimizing Adverse Impact:

The requirements established for Equine Interstate Passports by this rule are similar to those established by the other states that issue and recognize such Passports. In order for New York Equine Interstate Passports to be used for the routine interstate movement of horses between New York State and the other states that have mutually agreed to recognize such Passports, the requirements established by New York must be similar to those of other participating states. The six month duration of the Equine Interstate Passport will eliminate the need to have horses moving interstate examined by a veterinarian every thirty days for the issuance of a certificate of veterinary inspection. This will result in a substantial savings for the owners of such horses and in so doing help to preserve the jobs of those employed in the State's equine industry.