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 Part 53 of Title 1 NYCRR.
Statutory authority:
Agriculture and Markets Law, sections 18, 72 and 74
Subject:
Cattle importation.
Purpose:
To ease burden of interstate shipment of young calves and conform with federal animal disease traceability requirements.
Public hearing(s) will be held at:
1:00 p.m., July 24, 2014 at Department of Agriculture and Markets, 10B Airline Drive, 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:
Subdivision (a) and (b) of section 53.1 of Title 1 of the Official Compilation of Codes, Rules and Regulations of the State of New York (1NYCRR) is amended to read as follows:
(a) Accredited veterinarian means a veterinarian duly approved by the [Deputy] Administrator of [Veterinary Services,] the Animal and Plant Health Inspection Service (APHIS), United States Department of Agriculture and accredited to perform functions of Federal and cooperative State-Federal programs on food and fiber animal species; all other livestock species; and zoo animals that can transmit exotic animal diseases to livestock (category II animals).
(b) [Approved] Interstate certificate of veterinary inspection (ICVI) means [a] an official document [which:] issued by a Federal, State, Tribal, or accredited veterinarian certifying the inspection of animals in preparation for interstate movement.
Paragraphs (1)-(5) of subdivision (b) of section 53.1 are repealed, and new paragraphs (1)-(5) are added to read as follows:
(1) The ICVI must show the species of animals covered by the ICVI; the number of animals covered by the ICVI; the purpose for which the animals are to be moved; the address at which the animals were loaded for interstate movement; the address to which the animals are destined; and the names of the consignor and the consignee and their addresses if different from the address at which the animals were loaded or the address to which the animals are destined. Additionally the ICVI must list the official eartag number of each animal. An ICVI may not be issued for any animal that is not officially identified with an official eartag.
(2) As an alternative to typing or writing individual animal identification on an ICVI, if agreed to by the Department, another document may be used to provide this information, but only under the following conditions:
(i) The document must be a State form or APHIS form that requires individual identification of animals or a printout of official identification numbers generated by computer or other means;
(ii) A legible copy of the document must be stapled to the original and each copy of the ICVI;
(3) Each copy of the document must identify each animal to be moved with the ICVI, but any information pertaining to other animals, and any unused space on the document for recording animal identification, must be crossed out in ink; and
(4) The following information must be written in ink in the identification column on the original and each copy of the ICVI and must be circled or boxed, also in ink, so that no additional information can be added:
(i) The name of the document; and
(ii) Either the unique serial number on the document or, if the document is not imprinted with a serial number, both the name of the person who prepared the document and the date the document was signed.
(5) The ICVI shall be valid for 30 days following the date of inspection of the animal identified on the document.
Section 53.1 of 1NYCRR is amended by repealing paragraphs (l) and (w), re-lettering paragraphs (m)-(v) to read (n)-(w), adding new paragraphs (l) and (m), and paragraph (q) is amended as follows:
(l) Official eartag means an identification tag approved by APHIS that bears an official identification number for individual animals. Beginning March 11, 2015, all official eartags applied to animals must bear an official eartag shield. The design, size, shape, color, and other characteristics of the official eartag will depend on the needs of the users, subject to the approval of the Administrator. The official eartag must be tamper-resistant and have a high retention rate in the animal.
(m) Owner-shipper statement means a statement signed by the owner or shipper of the livestock being moved stating the location from which the animals are moved interstate; the destination of the animals; the number of animals covered by the statement; the species of animal covered; the name and address of the owner at the time of the movement; the name and address of the shipper; and the identification of each animal, as required by the regulations.
(q) Shipping copy means the copy of an [approved] interstate certificate of veterinary inspection which accompanies imported cattle at the time of entry into this State.
Subdivision (b) and (c) of section 53.2. are amended to read as follows:
(b) Documentation.
(1) No person shall import or move cattle into this State unless the shipping copy of the [approved] interstate certificate of veterinary inspection or [waybill] an owner-shipper statement as required by this Part is in his or her possession at the time of entry and a copy of [such documents] any required interstate certificate of veterinary inspection has been [mailed] sent to [the department by] the department of agriculture of the state or country of origin or by the U.S.D.A to be forwarded to the Department.
(2) No consignee shall accept a shipment of cattle unless they are accompanied by the shipping copy of the [approved] interstate certificate of veterinary inspection or [waybill] owner shipper statement as required by this Part. The consignee shall retain the documents for at least [four] five years and make them available for examination upon the request of any representative of the department or the U.S.D.A.
(c) Persons importing or moving cattle into the State shall transport them from the point of entry to the destination named in the [approved] interstate certificate of veterinary inspection or [waybill] owner-shipper statement by the most direct practical route and shall not unload them at any other premises, unless otherwise directed by an authorized representative of the commissioner.
Section 53.3, subdivisions (a), (c) and (e) and paragraphs (3)-(6) of subdivision (e) of section 53.3 of 1NYCRR are amended to read as follows:
Section 53.3. Importation of cattle to a specifically approved stockyard or a recognized slaughtering establishment
Notwithstanding any other provision of this Part, cattle may be imported into the State and moved directly to a specifically approved stockyard, as defined in section 53.1(r) of this Part, or to a recognized slaughtering establishment, as defined in section 53.1(o) of this Part, without [a] an interstate certificate of veterinary inspection under the following conditions:
(a) The cattle shall be accompanied by [a waybill] an owner-shipper statement.
(c) The cattle shall be moved directly to the specifically approved stockyard or recognized slaughtering establishment named as the destination or consignee on the [waybill] owner-shipper statement. Cattle which are not subsequently qualified under subdivision (e) of this Section shall be sold only to a recognized slaughtering establishment and after the sale moved by the most direct route to the slaughtering establishment.
(e) Cattle moved to a specifically approved stockyard may be moved without restriction following, as provided herein, segregation, examination by an accredited veterinarian and the preparation of an [approved] interstate certificate of veterinary inspection; provided that the following conditions are met:
(3) the federally assigned premises identification numbers of all premises of origin of the cattle shall be included on the [entry waybill] owner-shipper statement, with the premises of origin being the farm or ranch in the bordering state or zone where the animals originated and not a livestock market or dealer;
(4) the cattle shall enter the State with individual, uniquely numbered eartags approved for identification by the USDA and the eartag numbers shall be included on the [entry waybill] owner-shipper statement;
(5) prior to the required veterinary inspection and the preparation of an [approved] interstate certificate of veterinary inspection, cattle that enter under this Section shall always be segregated at least 30 feet from cattle that originated in New York State and from cattle that entered the State with [a] an interstate certificate of veterinary inspection;
(6) prior to the release from segregation pens, an accredited veterinarian shall physically examine all animals in the pen and shall prepare an [approved] interstate certificate of veterinary inspection for those animals not going to immediate slaughter. If any animal shows signs of infectious, contagious or communicable disease that animal, and all animals exposed to that animal shall be quarantined and directed to an approved slaughtering establishment for immediate slaughter, or at the discretion of the Commissioner, may be returned to the place of origin or be quarantined in isolation from all other animals at the owner's expense until the Commissioner determines that the animals are not a threat to New York livestock.
Subdivisions (a) and (e) of section 53.4 are amended to read as follows:
(a) The cattle must be accompanied by the shipping copy of an [approved] interstate certificate of veterinary inspection.
(e) The person designated by the department shall keep records for a minimum of [four] five years which individually identify the imported cattle, any cattle exposed to them, their source and disposition. The records shall be made available for examination upon the request of a representative of the department or the U.S.D.A.
Subdivisions (a) and (b) of section 53.5 of 1NYCRR is re-lettered subdivisions (b) and (c); a new subdivision (a) of section 53.5 is added; and subparagraph (ii) of paragraph (3) of subdivision and (c) and subparagraph (iii) of paragraph (4) of subdivision (c) of section 53.5 is amended to read as follows:
(a) Calves less than 14 days of age or 200 pounds moved directly from states with an agreement with this State may enter the State provided that:
(1) The calves are identified prior to movement with an official eartag; and
(2) The calves are moved with an owner-shipper statement; and
(3) The consignee retains the owner-shipper statements for five years and make them available for examination upon the request of any representative of the department or the U.S.D.A.
(b) [The] All other cattle shall be accompanied by the shipping copy of the [approved] interstate certificate of veterinary inspection.
(c) Brucellosis test.
(ii) they are quarantined and isolated from other cattle at the destination identified in the [approved] interstate certificate of veterinary inspection until classified negative by a U.S.D.A approved brucellosis test conducted at the consignee's expense between 45 and 120 days after importation.
(4) Cattle originating in brucellosis class B or C states or cattle originating in brucellosis class free or brucellosis class A states which have been in class B or C states during the previous 12 months may be imported into New York if:
(iii) they are quarantined and isolated from other cattle at the destination identified in the [approved] interstate certificate of veterinary inspection until classified negative by a U.S.D.A. approved brucellosis test conducted at the consignee's expense between 45 and 120 days after importation.
Text of proposed rule and any required statements and analyses may be obtained from:
Dr. Jeffry Huse, New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235, (518) 457-3502, email: Jeffry.Huse@agriculture.ny.gov
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.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
Consensus Rule Making Determination
This rule is proposed as a consensus rule within the definition of that term in the State Administrative Procedure Act section 102(11) pursuant to the expectation that no person is likely to object to its adoption because it is non-controversial.
Agriculture and Markets Law (AML) § 74 provides for the Commissioner to adopt and implement regulations relating to the importation of domestic animals into the State. The proposed amendments to 1 NYCRR Part 53 would ease the burden of interstate shipment of young calves and makes technical amendments to conform New York regulations to Federal animal disease traceability requirements. The rule would allow young calves to move interstate on an ownership statement, changes definitions and clarifies language consistent with federal regulations.
Part 53 currently outlines New York’s requirements governing importation of cattle into the State including definitions, necessary documentation, testing and process.
In March 2013, the new federal traceability rule went into effect requiring identification and certification of all cattle moving interstate with certain exceptions. The new federal regulations impacted anyone moving cattle interstate enforcing specifications on the type of identification and certification needed for those movements. The Department set up guidelines for compliance when the federal rule went into effect which impacted parties have already been complying with.
The proposed amendment to Part 53 would conform New York requirements to the USDA requirements that have been in effect since March 11, 2013. The amendments change the definition of accredited veterinarian to conform with federal regulations. The proposed amendments change the definition and references from “approved certificate of veterinary inspection” to “interstate certificate of veterinary inspection” as defined in federal regulation. The amendments change requirements to mail in copies of interstate certificates of veterinary inspection to allow for more efficient electronic transmission. The Department has already in practice allowed the submission of electronic interstate certificates of veterinary inspection. The definition of official eartag is added to the regulations as prescribed by federal regulation. The definition and references to “waybills” are changed to “owner-shipper statement” as defined in federal regulation. The proposed amendments clarify that most cattle (with certain specified exceptions) should be officially identified prior to entry into the state as required by federal regulation. The proposed amendments change records retention from 4 years to 5 years as required by federal regulation. The amendments allow young calves (less than 200 lbs. or 14 days of age) to move interstate on an owner-shipper statement.
The new federal rule on traceablity requires that all cattle (with few exceptions) have ICVI’s to move interstate. The federal rule allows for exceptions under the following circumstances: 9CFR86.5(c)(6)- “Additionally, cattle and bison may be moved between shipping and receiving States or Tribes with documentation other than an ICVI, e.g., a brand inspection certificate, as agreed upon by animal health officials in the shipping and receiving States or Tribes.” It has been established practice to move young calves (less than 200 lbs or 14 days of age) without a veterinary certification. This practice has been adopted to not delay these individuals unnecessarily and to get them to their final destination with the least amount of stress. The Department has worked with the impacted parties, approximately six dealers who specialize in this trade, to solve this problem. The consensus was that the only way to humanely transport and market these animals is to allow movement without a prior veterinary examination and certificate. The requirement of a veterinary examination and certification on a new born calf is superfluous since the calf has had limited exposure to other animals and due to disease incubation time, would not be showing signs of infectious, contagious or communicable disease. The Department is seeking to codify existing practice in order to enter into agreements with neighbor states and thus comply with the federal rule.
The proposed amendments will decrease costs associated with importing young calves and will benefit the New York agricultural community. Since the proposed rule will relieve a regulatory burden upon the livestock industry, and the Department worked with impacted parties, it is expected that no one is likely to object to the proposed amendments. The proposed amendments fulfill the requirement contained in AML governing importation of cattle while decreasing the burden on the agricultural industry as well as the Department. The proposed amendments will have no impact on local governments.
Job Impact Statement
The proposed amendments of 1 NYCRR Part 53 would ease the burden of interstate shipment of young calves and makes technical amendments to conform New York regulations to Federal animal disease traceability requirements. The rule would allow young calves to move interstate on an ownership statement, changes definitions and clarifies language consistent with federal regulations. The rule would not have a substantial adverse impact on jobs and employment activities. This rule will benefit agricultural producers and the local economy by facilitating movement of young calves which is both economically beneficial and humane and codify existing practice in order for New York State to enter into agreements with neighbor states to comply with the federal rule.
