Section 79. Examination at request of owner; segregation; grading of herds  


Latest version.
  • The owner of a herd of cattle kept for dairy or breeding purposes within
      the state may apply to the commissioner for examination of his  herd  by
      the  tuberculin,  or  other  approved  tests,  subject  to the following
      regulations:
        1. The application therefor shall be upon a blank form provided by the
      commissioner and shall include an agreement on the part of the owner  of
      the  herd  to  improve  faulty  sanitary  conditions,  to  disinfect his
      premises if diseased cattle be found, and to follow  directions  of  the
      commissioner  designed  to  prevent  the  reinfection of the herd and to
      suppress the disease and prevent the spread thereof.
        2.  The  commissioner  shall  cause  such  cattle   to   be   examined
      accordingly,  subject  to  the  provisions  of  this article, and if any
      animal responds to such test, he may cause it to be slaughtered or  held
      in strict quarantine.
        3.  If  after  examination  an  animal  be  found to be suffering from
      tuberculosis such animal shall be slaughtered under  the  provisions  of
      this  article,  or  the  commissioner may enter into a written agreement
      with  the  owner  for  keeping  such  animal  in  segregation   or   the
      commissioner  may,  if the condition of such animal warrants it, consign
      such animal to any one of the experiment  stations  or  farms  owned  or
      controlled  by the state, or by any county of the state, or to the farms
      of such public institutions in  the  state  as  the  commissioner  shall
      approve,  or to hospitals, sanitariums or other institutions existing in
      whole or in part for the purpose of suppressing tuberculosis,  there  to
      be  kept  and  used  for  breeding, dairy or experimental purposes under
      regulations to be prescribed by the commissioner.
        4. Subject to the rules of the commissioner, an  animal  found  to  be
      diseased  after  such  examination  may continue to be used for breeding
      purposes, but the milk from such  animal  shall  not  be  used  for  any
      purpose until pasteurized at such temperature and for such period as the
      commissioner may prescribe.
        5.  The  young  of  any  such  diseased  animal  shall  immediately be
      separated from its mother and shall not be permitted to  receive  or  be
      fed  the  milk  from  such  affected  animal  until  such  milk has been
      pasteurized as provided in subdivision four of this section.
        6. The commissioner may make rules for classifying herds tested  under
      this  section  and  for the purpose of giving recognition to herds which
      are in a healthy condition,  he  is  hereby  authorized  to  issue  such
      certification  as he may deem proper in relation to such herds.  If such
      rules  and  such  certification  provide  for  periodical   retests   of
      accredited  herds,  or  other herds not yet accredited, the cost of such
      retests, after January first, nineteen  hundred  and  thirty,  shall  be
      borne  by  the  state  and  there  shall be appropriated annually to the
      department a sum sufficient to defray  the  expense  of  the  veterinary
      service for such required retests.