Section 76. Quarantine on animals or premises  


Latest version.
  • 1. The commissioner, any
      department employed veterinarian authorized  by  the  commissioner,  any
      veterinarian   in   the  employ  of  the  United  States  department  of
      agriculture who is working in this  state  in  connection  with  disease
      control programs cooperatively conducted by the United States department
      of  agriculture  and the department, or, when acting under the direction
      of any department employed veterinarian authorized by  the  commissioner
      to  provide such direction, any accredited veterinarian and any licensed
      veterinary technician in the employ of  the  department  may  order  any
      animal  to  be  put  in  quarantine  if such animal (a) is affected with
      communicable disease, (b) has been exposed to  a  communicable  disease,
      (c)  is  believed  to  be  suffering  from  or exposed to a communicable
      disease, or (d) is suspected of having biological or  chemical  residues
      in  its  tissues  which  would  cause  the  carcass or carcasses of such
      animal, if slaughtered, to be adulterated within  the  meaning  of  this
      chapter,  and  may  order  any  premises  or  farm where such disease or
      condition exists or shall have recently existed to be put in  quarantine
      so  that  no  domestic  animal  shall  be removed from or brought to the
      premises quarantined during the time  of  quarantine.  The  commissioner
      shall  prescribe such regulations affecting animals, persons or property
      as he may deem necessary or expedient to prevent  the  dissemination  of
      the disease or condition from the premises so quarantined.
        2.  Any  employee  of the department so authorized by the commissioner
      may impose pursuant to subdivision one  hereof  a  quarantine  (a)  upon
      cattle, swine or poultry whenever there is a reasonable cause to believe
      that such animals have been fed garbage, offal or carcasses in violation
      of section seventy-two-a of this chapter and (b) upon any horse required
      to  have  been  tested  in accordance with section ninety-five-c of this
      chapter if the custodian of such animal does not produce for examination
      a negative test certificate.
        3. Whenever the owner of any bovine animal refuses or neglects to have
      any such animal tuberculin tested or whenever the owner of any  domestic
      animal of a species for which a disease control program has been adopted
      and  instituted  by the commissioner pursuant to this article refuses or
      neglects to subject such animal to such tests  or  examinations  as  may
      have   been   established   under  such  disease  control  program,  the
      commissioner may order the premises or farm  on  which  such  animal  is
      harbored  to  be put in quarantine so that no animal of the same species
      shall be removed from or brought to the  premises  quarantined,  and  so
      that  no product of such animals on the premises so quarantined shall be
      removed from the said premises. Nothing provided in this  section  shall
      prevent  the  addition  of new animals to a herd under quarantine or the
      removal for immediate slaughter of any animals from the premises or herd
      quarantined if such addition or removal is by written permission of  the
      commissioner and pursuant to rules and regulations adopted by him.