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This entry was published on 2021-08-13
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SECTION 2140
Definitions
Public Health (PBH) CHAPTER 45, ARTICLE 21, TITLE 4
§ 2140. Definitions. For the purpose of this title:

1. "Actively immunized" shall mean that the animal has been injected
with a rabies vaccine suitable to the species and which meets the
standards prescribed by the United States department of agriculture for
interstate sale and which was administered according to the
manufacturer's instructions under the direction of a duly licensed
veterinarian not later than the expiration date on the package. Active
immunization shall begin fourteen days following primary vaccination or
immediately following a booster vaccination, and continue for the period
stated in the manufacturer's instructions.

2. "County" shall mean a county of the state other than those in the
city of New York.

3. "County health authority" shall mean the county health agency.

4. "Domestic livestock" includes cattle, goats, horses, donkeys,
mules, sheep, and swine.

5. "Certificate of immunization" shall mean a signed statement issued
by the veterinarian containing the following information: name and
address of the owner, date or dates of vaccination, type of vaccine
administered and duration of immunity, amount and manner of
administration, name of manufacturer of the vaccine, and the lot number
and expiration date of the vaccine. The certificate of immunization for
domestic livestock may include multiple animals. The system of
identification applicable to the livestock is to be used.

6. "Owner" shall mean any person keeping, harboring, or having charge
or control of, or permitting any dog, cat or domesticated ferret to
remain on or be lodged or fed within such person's house, yard, or
premises. This term shall not apply to veterinarians or other
facilities temporarily maintaining on their premises dogs, cats or
domesticated ferrets owned by others for periods of no more than four
months or to the owner or occupant of property inhabited by a feral
animal.

7. "Confinement and observation" refers to the conditions under which
apparently healthy dogs, cats, domesticated ferrets, and domestic
livestock, which are not exhibiting symptoms of rabies, must be
maintained to determine rabies status if such an animal has potentially
exposed a person to rabies, and the owner wishes to avoid euthanizing
and testing the animal. If the county health authority does not approve
home confinement, the ten day confinement and observation period must
take place, at owner's expense, at an appropriate facility such as an
animal shelter, veterinarian's office, kennel or farm. The confinement
must include (i) provisions to prevent escape of the animal during the
confinement period and (ii) requirements that the owner notify the
public health authority immediately if the animal becomes ill at anytime
during confinement, and (iii) verification by the county health
authority or their designee at the end of the ten day period that the
animal is healthy. If a police work dog bites an individual in the
course of such dog's official duty the police department may apply for a
waiver from confinement from the local department of health. As part of
such application for a waiver, the police department shall provide the
local health department with records of such dog's past vaccination for
rabies and proof that such dog's rabies vaccinations are up-to-date.

8. "Quarantine" refers to a six month period of restriction for
animals which are not actively immunized against rabies and have been
exposed to a potentially rabid animal, in accordance with applicable
regulations of the department. The quarantine must include provisions to
prevent escape of the animal during the quarantine period and to
minimize contacts with humans and other animals, and these provisions
must be verified by the county health authority during and at the end of
the six month period.

9. "Local residence", under the conditions hereinafter specified,
shall mean any person who has his or her primary residence, secondary
residence, vacation home or school within a county of the state of New
York shall be deemed to have local residence in such county.

10. "Qualification on residence." Local residence shall not include
residence:

(a) as an incarcerated individual of any state or federal prison, or

(b) on a military reservation.

11. "Initial treatment after human exposure to rabies" shall mean
administration of the first postexposure dose of rabies vaccine and,
when necessary, administration of rabies immune globulin.

12. "Animal control officer" shall mean one or more persons designated
by the county health authority as having responsibility for animal
control issues in the county. This responsibility may be delegated to
others such as cities and towns, law enforcement agencies, animal
shelters, or private nuisance control officers.

13. "Feral animal" shall mean any cat, dog or ferret that is born in
the wild and is not socialized, is the offspring of an owned or feral
cat, dog or ferret and is not socialized, or is a formerly owned cat,
dog or ferret that has been abandoned and is no longer socialized.