Amendment of 1909 added "or the chief veterinarian" after "assistant commissioner ", in first sentence, and added, "The commissioner " in place of "He" at beginning of second sentence.

If

§ 94. Care of diseased animals; experiments. after examination an animal is, in the judgment of the person making the examination, suffering from tuberculosis, such animal shall be slaughtered under the provisions of this article, or, if the commissioner deems that a due regard for the public health warrants it, he may enter into a written agreement with the owner, subject to such conditions as the commissioner of agriculture may prescribe, for the separation and quarantine of such diseased animal or animals. Subject to the regulations of the department of agriculture, such diseased animal or animals may continue to be used for breeding purposes and its or their milk, after pasteurization at one hundred and eighty-five degrees Fahrenheit, may be used for the manufacture of butter or cheese or for sale. The young of any such diseased animal or animals shall, immediately after birth, be separated from their mothers, but may be fed the milk drawn from such affected animal or animals so separated and quarantined after such milk has been pasteurized as herein provided. The owner of a herd of cattle, within the state, may apply to the commissioner of agriculture for examination of his herd by the tuberculin test; said application to be in writing upon a blank form provided by the commissioner of agriculture and to include an agreement on the part of the owner or owners of the herd to improve faulty sanitary conditions; to disinfect his premises, should diseased cattle be found, and to follow instructions of the commissioner of agriculture designed to prevent the reinfection of the herd and to suppress the disease or prevent the spread thereof. The commissioner of agriculture shall, as soon as practicable, cause such cattle to be examined accordingly, subject to the provisions of this chapter. When the commissioner deems that the conditions warrant it he may make and issue to such owner a certificate that upon such examination such herd was found free from tuberculosis or that the owner has complied with the provisions of this section by causing all affected animals to be separated from the herd and quarantined as provided herein subject to the regulations of the department of agriculture. The commissioner of agriculture may determine the place of slaughter of an animal to be killed under the provisions of this chapter. The commissioner may experiment or cause such experiments to be made or performed as he may deem necessary to ascertain or determine the best methods or means for the control, suppression or eradication of communicable or infectious disease or diseases affecting domestic animals. No person shall sell any animal known to have a communicable or infectious disease except for immediate slaughter unless such sale be made under a written

contract signed by both parties specifying the disease with which such animal is infected, a copy of which shall be filed in the office of the commissioner of agriculture. No person shall knowingly inject into any bovine animal as and for tuberculin any substance which is not tuberculin.

§ 95. Employment of veterinary surgeons. The commissioner may employ such and so many medical and veterinary practitioners and such other persons as he may, from time to time, deem necessary to assist him in discharging the duties imposed upon him by this article, and may fix their compensation, to the amount appropriated therefor. No animal shall be destroyed by the commissioner or by his order on the ground that it is a diseased animal, unless first examined by a veterinary practitioner in the employ of the commissioner or whose work is approved by the commissioner, nor until such practitioner renders a certificate to the effect that he has made such examination, that in his judgment such animal is affected with a specified infectious or contagious disease, or that its destruction is necessary in order to suppress or aid in suppressing such disease, or to prevent such disease, or to prevent the spread thereof, specifying the reasons for such necessity. (Thus amended by L. 1909, ch. 316, in effect May 8, 1909.)

Amendment of 1909 struck inscrted "or whose work is sentence, preceding the words

66

out medical or 99 before "veterinary" and approved by the commissioner ", in second nor until".

§ 64-a. Tuberculin, issuing certificates relative to tuberculin tested cattle, branding of tuberculous animals. Any person using or injecting tuberculin into bovine animals for the purpose of determining whether they are affected with the disease known as tuberculosis, shall take the temperatures of such animals before, during and after such injections, according to the most approved methods, shall keep a correct record of such temperatures so taken and shall send a report within one week thereafter to the commissioner of agriculture giving a detailed account of the tests thus made, including the description of animals, the location of the farm or farms upon which tests were made and the name and address of the owner or custodian, and such other information concerning the use of tuberculin as may be called for by the commissioner of agriculture. A report of each such test so made shall be accompanied by a statement of the owner or person in charge giving the date upon which the said animals were last tested, if at all, and if known, with tuberculin, and the name and address of the person or persons making such test. If no such test has been made within four weeks, or if the animals were not treated in any manner for the purpose of preventing their normal reaction to tuberculin, then the report

shall be accompanied by a statement setting forth such facts and the said statement shall be duly verified by the person making such statement. No person shall give a certificate showing or tending to show that an animal has been tested and found not affected with tuberculosis, unless the character of such test is stated and it was made in a proper way, and unless such animals failed to give a typical reaction. Any bovine animal in which tuberculosis is clearly diagnosed by a physical examination or a tuberculin test, or both, shall be branded upon the forehead or upon the right side of the neck from six to ten inches back of the jaw bone with a capital "T" not less than two inches high, one and one-half inches wide, with mark one-fourth of an inch wide; such branding shall not be construed as cruelty to animals within the meaning of the penal law; however, any animal which has reacted to the tuberculin test and appears physically sound may be retained for breeding or dairy purposes without such branding, provided a full description of such animal, sufficient for its identification and satisfactory to the commissioner of agriculture, is furnished to the commissioner of agriculture and a permit from said commissioner is issued for keeping such animal in such manner. Such permit shall not be issued except upon the condition that the animal will thereafter be kept in a proper manner with regard to the protection of the public health and the health of other animals, and no such animal shall be sold or removed from the premises without written permission from the commissioner of agriculture, and all such animals shall be accounted for by the owner or custodian whenever called upon by the commissioner of agriculture to do so. All tuberculin sold, given away or used within this state, shall bear a label stating the name and address of the person or firm or institution making it and the date of preparation. All persons selling or giving away tuberculin shall report to the commissioner of agriculture the amount of tuberculin sold or given away, the degree of strength, the name and address of the person to whom sold or given and the date of delivery; said report shall include the address of and be signed by the person making it. Persons buying or procuring tuberculin shall not use or dispose of it until assured in writing by the person from whom the tuberculin is received that its delivery to said person has been reported to the commissioner of agriculture or unless they have themselves reported its receipt to the commissioner of agriculture with information required to be furnished by those who distribute tuberculin, and such persons buying or procuring tuberculin shall keep a correct record of the amount received, the amount used and the amount on hand and shail report these facts whenever any tuberculin is used, and if at any time tuberculin left on hand is not deemed fit for use or is not to be used, the said person shall forward the same to the com

missioner of agriculture with a statement of where and when procured, the amount procured at the time, the amount of it that was used, and his name and address. If the amount forwarded to the commissioner of agriculture and the amount used does not total the amount procured or purchased a statement shall be made as to what became of the remainder. No person or persons shall treat any bovine animal with any material or substance nor in any manner for the purpose of preventing a normal reaction on the part of such animal to the tuberculin test. No person shall knowingly sell or offer for sale any animal that has reacted to the tuberculin test, without giving information of such reaction to the purchaser. No animal that has reacted to the tuberculin test shall be sold or removed from the premises where the test was made without permission in writing from the commissioner of agriculture. Any veterinary surgeon violating any of the provisions of this section shall, in addition to the penalties and fines prescribed in the agricultural law, forfeit his certificate to practice and thereafter be debarred from practicing his profession within the state of New York until such disability is legally removed. (Added by L. 1909, ch. 588, in effect May 29, 1909.)

Section erroneously numbered 64-a; apparently intended to follow § 95, which was § 64 of former agricultural law.

§ 96. Regulations, the enforcement thereof and expenses incurred by sheriff. The commissioner may prescribe such regulations as in his judgment may be thought suited for the suppression or the prevention of the spread of any such disease, and for the disinfection of all premises, buildings, railway cars, vessels, and other objects from or by means of which infection or contagion may take place or be conveyed. He may alter or modify, from time to time, as he may deem expedient, the terms of all notices, orders and regulations issued or made by him, and may at any time cancel or withdraw the same. He may call upon the sheriff, under sheriff or deputy sheriff, to carry out and enforce the provisions of any notice, order or regulation which he may make, and all such sheriffs, under sheriffs and deputy sheriffs shall obey and observe all orders and instructions which they may receive from him in the premises. All expenses incurred by the sheriff, under sheriff or a deputy sheriff in carrying out and enforcing the provisions of such notice, order or regulation shall be a county charge to be audited and paid in the same manner as other charges by the sheriff, under sheriff or deputy sheriff. If the commissioner shall lay a quarantine upon a city or any portion thereof he may call upon the commissioner of public safety and the police department of said city to enforce the provisions of any notice, order or regulation which he may make

within the quarantined district or such portion thereof as lies within the city limits, and the commissioner of public safety and the police department shall obey and observe all such orders and instructions so made or issued, and all expenses incurred by the commissioner of public safety and the police department in enforcing the quarantine as herein provided shall be a city charge. If the commissioner shall quarantine any particular district or territory for the purpose of stopping or preventing the spread of the disease known as rabies, and if any dog be found loose within the said quarantine district in violation of said quarantine or regulation, any person may catch or cause to be caught such dog and have him impounded or confined. If the said dog is thereafter not found to be affected with the disease known as rabies, it may be released to the owner upon payment of a penal sum of ten dollars to the commissioner of agriculture, who shall upon receipt and acceptance of the same issue to the said owner a release which shall entitle the said owner to the possession of said dog. If such penalty is not paid within five days after said dog is impounded, and notice thereof given to the owner, or if it is found impracticable after reasonable effort to catch and impound such dog so loose within the said quarantine district in violation of said quarantine or regulation, or to find the owner of a dog so impounded, then any person may kill or cause to be killed such dog and shall not be held liable for damages for such killing. For the purpose of enforcing the provisions of this article the commissioner of agriculture, his appointees and employees shall be considered as peace officers and shall have all the rights and powers of peace officers. (Thus amended by L. 1909, ch. 352, in effect May 15, 1909.)

Amendment of 1909 materially changed former section, which read as follows:

§ 96. Regulations and the enforcement thereof. The commissioner may prescribe such regulations as in his judgment may be thought suited for the suppression or prevention of the spread of any such disease, and for the disinfection of all premises, buildings, railway cars, vessels, and other objects from or by means of which infection or contagion may take place or be conveyed. He may alter or modify, from time to time, as he may deem expedient, the terms of all notices, orders and regulations issued or made by him, and may at any time cancel or withdraw the same. He may call upon the sheriff or deputy sheriff, to carry out and enforce the provisions of any notice, order or regulation which he may make, and all such sheriffs and deputy sheriffs shall obey and observe all orders and instructions which they may receive from him in the premises. If the commissioner shal! quarantine any particular district or territory for the purpose of stopping or preventing the spread of the disease known as rabies, and if any dog be found loose within the said quarantine district in violation of said quarantine or regulation, any person may kill or cause to be killed such dog and shall not be held liable for damages for such killing.

§ 97. Fines and penalties. Any person violating, disobeying or disregarding the term of any notice, order or regula