AAM-04-12-00010-A Movement and Transfer of Horses and Other Equidae
8/29/12 N.Y. St. Reg. AAM-04-12-00010-A
NEW YORK STATE REGISTER
VOLUME XXXIV, ISSUE 35
August 29, 2012
RULE MAKING ACTIVITIES
DEPARTMENT OF AGRICULTURE AND MARKETS
NOTICE OF ADOPTION
I.D No. AAM-04-12-00010-A
Filing No. 837
Filing Date. Aug. 13, 2012
Effective Date. Aug. 29, 2012
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 action:
Action taken:
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.
Text or summary was published
in the January 25, 2012 issue of the Register, I.D. No. AAM-04-12-00010-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Dr. David Smith, DVM, New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235, (518) 457-3502
Assessment of Public Comment
The Department received the following comments:
Comment: A person inquired whether the proposed amendment would supersede NYRA's requirements for horses entering their facilities.
Response: The proposed amendments do not supersede NYRA's requirements, since the proposed Equine Interstate Passport Program is more stringent entry requirements than New York State's minimum requirements for entry into voluntary and individual venues may have the State.
Comment: A person was concerned that the proposed equine passport program would replace the existing program.
Response: Since participation in the proposed Equine Interstate Passport Program is voluntary, the existing program remains intact.
Comment: Two persons expressed the opinion that some action should be taken to ease requirements for movement of horses across the Canadian border.
Response: The United States Department of Agriculture (USDA) has jurisdiction over the movement of horses across the U.S./Canadian border. USDA regulations would preempt any State regulation.
Comment: One person who takes frequent trail rides in various states supports the proposed equine passport program since it precludes the need to renew health certificates every 30 days.
Response: The Department agrees.
Comment: Two persons recommended that our focus on preventative health measures for horses such as vaccinations should be increased.
Response: It is the Department's position that current vaccination requirements are adequate to ensure the health of horses. Due to varying risk levels, one vaccine program is not suitable for all horses. Horse owners should consult their veterinarian for recommendations.
Comment: One person expressed opposition to the proposed equine passport program, arguing that prevention of disease transmission would suffer if health papers requiring a veterinarian exam were good for six months, and suggested that all health papers be good for six months provided common vaccination is certified on the certificates as being current. The person also questioned the monetary savings of the Equine Interstate Passport Program.
Response: Implementation of equine passport programs in other states has not resulted in an increase in disease transmission. Certification of vaccinations is inapplicable, since the Equine Interstate Passport Program requires veterinary examinations, not vaccinations. The Equine Interstate Passport Program was designed to comply with equine interstate event permit regulations already in use in many other states. It would be confusing and ineffective for New York to develop different standards from the rest of the country. The cost of the passport is $25, plus the cost of a certificate of veterinary inspection. By moving a horse more than once on the passport, the owner would save money by not having to pay for repeated veterinary examinations.
