AAM-10-07-00004-P Animal Health Requirements for Cattle Entering State or County Fairs

3/7/07 N.Y. St. Reg. AAM-10-07-00004-P

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 10

March 07, 2007

RULE MAKING ACTIVITIES

DEPARTMENT OF AGRICULTURE AND MARKETS

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. AAM-10-07-00004-P

Animal Health Requirements for Cattle Entering State or County Fairs

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

Proposed action:

This is a consensus rule making to amend section 351.6 of Title 1 NYCRR.

Statutory authority:

Agriculture and Markets Law, sections 18(6), 31-b and 72(3)

Subject:

Animal health requirements for cattle entering state or county fairs.

Purpose:

To better protect the health of cattle exhibited at fairs by requiring proof that all such cattle have a negative test for being persistently infected with bovine viral diarrhea.

Text of proposed rule:

Section 351.6 of 1 NYCRR is amended to read as follows:

In addition to the requirements listed in sections 351.4 and 351.5 of this Part, all cattle presented for admission to a fair must be accompanied by an original intrastate or interstate certificate of veterinary inspection that contains proof that the cattle have tested negative for being persistently infected with bovine viral diarrhea and proof that the cattle [to be admitted] are currently vaccinated against bovine respiratory disease complex, including bovine respiratory syncytial virus, bovine viral diarrhea, infectious bovine rhinotracheitis, and parainfluenza with a product administered in a manner and time frame adequate to confer protective immunity for these diseases for the duration of the fair.

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

John P. Huntley, Director, Division of Animal Industry, Department of Agriculture and Markets, 10B Airline Dr., Albany, NY 12235, [phone]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

Consensus Rule Making Determination

The Department has considered the proposed amendment to section 351.6 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 the rule as written, since it is noncontroversial. The basis for the Department's determination is that the proposed amendment is a necessary and beneficial animal disease control measure which would benefit all regulated parties at a minimal cost.

The proposed amendment to section 351.6 would require that all cattle entering a state or county fair be accompanied with proof that the animals have tested negative for being persistently infected with bovine viral diarrhea (BVD).

BVD is a disease of cattle which is caused by a pestivirus from the family Flavivirida. The disease afflicts cattle 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 presented for admission to a fair be accompanied with proof that the animals are vaccinated against BVD. However, since persistently infected animals pose a threat to vaccinated animals, the proposed amendment would help further protect cattle in New York State against BVD by requiring all cattle entering state and county fairs to have a negative test for being persistently infected with BVD. Approximately 6,000 dairy cattle and 2,000 beef cattle are exhibited at state and county fairs each year. Under the proposal, these animals would have to be tested in the first year at a cost to regulated parties of $10.00 per animal. However, since BVD is present in persistently infected animals at birth and continues through the animal's life, only one test per animal is necessary. Accordingly, testing costs would be lower in subsequent years, since approximately 50 percent of the dairy cattle and 10-percent of the beef cattle are shown in subsequent years and would not require further testing.

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 noncontroversial.

Job Impact Statement

The proposed amendment to section 351.6 would require that all cattle entering a state or county fair be accompanied with proof that the animals have tested negative for being persistently infected with bovine viral diarrhea (BVD).

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 requiring all cattle entering state and county fairs to have a negative test for being persistently infected with BVD, the proposed amendment would help further protect cattle in New York 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 of cattle; building and maintaining fencing and shelter for cattle; brokering cattle and locating sources and markets for the cattle; and moving and watering cattle as needed.