Allows livestock owners to purchase and possess rabies vaccine and to vaccinate their livestock against rabies during emergency rabies outbreak situations as determined by the commissioner of health; provides for the expiration and repeal of such provisions after two years; defines livestock for the purpose of this section.
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the administration of rabies vaccine to livestock and providing for the repeal of such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL: To provide that any livestock owner may directly purchase killed rabies vaccine for the sole purpose of vaccinating livestock owned by him.
SUMMARY OF SPECIFIC PROVISIONS: This bill adds a new section 89-a, allowing a livestock owner livestock owners to purchase killed rabies vaccine and administer the rabies vaccine to their livestock, provides that livestock vaccinated in this manner will not be considered vaccinated by any government entity; defines "livestock" for this purpose of this section.
JUSTIFICATION: Livestock owners in counties with a severe rabies outbreak want the security of having their livestock vaccinated against rabies. However, because New York State limits the purchase and administration of rabies vaccine to veterinarians only, the cost of vaccinating and entire herd is prohibitive.
Several states (including neighboring Pennsylvania and Vermont) allow farmers to purchase rabies vaccine which they administer to their own livestock.
This bill would provide livestock owners with the ability to purchase the vaccine and administer it to their own livestock.
LEGISLATIVE HISTORY: 2009/10: S.2433/A.2165 Referred to Agriculture 2007/08: S.2425-A/A.1335-A Reported to Rules/Passed Assembly 2005/06: S.2538/A.919 Referred to Agriculture/Passed Assembly 2003/04: S.186/A/1822 Referred to Rules 2001/02: S.534/A.2687 Referred to Rules 1999/00: S.2160/A.2864 Referred to Rules/Passed Assembly 1997/98: S.3904/A.3575 Referred to Rules/Passed Assembly 1995/96: S.4044/A.2174 Referred to Agriculture
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately but sunsets two years after effective date.
STATE OF NEW YORK ________________________________________________________________________ 782 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to the administration of rabies vaccine to livestock and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The agriculture and markets law is amended by adding a new section 89-a to read as follows: S 89-A. ADMINISTRATION OF RABIES VACCINE. (1) NOTWITHSTANDING ANY OTHER SECTION OF LAW, ANY LIVESTOCK OWNER MAY DIRECTLY PURCHASE KILLED RABIES VACCINE FOR THE SOLE PURPOSE OF VACCINATING LIVESTOCK OWNED BY SUCH LIVESTOCK OWNER. LIVESTOCK VACCINATED IN SUCH A MANNER WITHOUT THE DIRECT OR SUPERVISORY PARTICIPATION OF A VETERINARIAN WILL NOT BE CONSIDERED AS VACCINATED BY THE DEPARTMENT OF HEALTH, THE DEPARTMENT OF AGRICULTURE AND MARKETS, OR ANY OTHER DEPARTMENT, AGENCY, OR AGENT OF THE STATE FOR THE PURPOSES OF MATTERS INVOLVING STATE ACTION OR POLICY TOWARDS LIVESTOCK, INCLUDING, BUT NOT LIMITED TO, QUARANTINE IN THE CASE OF A RABIES OUTBREAK OR LOCAL RABIES EMERGENCY, AND ELIGIBILITY FOR PARTICIPATION IN THE NEW YORK STATE FAIR OR ANY COUNTY OR LOCAL FAIR RUN BY ANY POLITICAL SUBDIVISION OF THE STATE OF NEW YORK. LIVESTOCK VACCI- NATED PURSUANT TO THIS SECTION SHALL NOT BE ELIGIBLE FOR INDEMNIFICATION FOR RABIES AS PROVIDED FOR IN ARTICLE SIX-A OF THIS CHAPTER IF IT IS DETERMINED THAT SUCH VACCINATIONS, CONDUCTED WITHOUT THE DIRECT OR SUPERVISORY PARTICIPATION OF A VETERINARIAN, CONTRIBUTED TO THE DAMAGES TO THE ANIMAL. (2) FOR PURPOSES OF THIS SECTION, THE TERM "LIVESTOCK" SHALL MEAN CATTLE AND HORSES AND ANY SPECIES OF LIVESTOCK THAT ARE INDICATED ON THE VACCINE LABEL OR PACKAGE INSERT. THE TERM "LIVESTOCK" SHALL NOT MEAN DOGS AND CATS. ALL KILLED RABIES VACCINES MUST BE ADMINISTERED INEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00509-01-1 S. 782 2
ACCORDANCE WITH THE SPECIFICATIONS OF THE PRODUCT LABEL OR PACKAGE INSERT. S 2. This act shall take effect immediately and shall expire and be deemed repealed 2 years after such effective date.