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This entry was published on 2014-09-22
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Examination at request of owner; segregation; grading of herds
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 5
§ 79. Examination at request of owner; segregation; grading of herds.
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

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.