PART 11. ERQUINE INFECTIOUS ANEMIA
§ 106-405.15. “Equine infectious anemia” defined.
Equine infectious anemia shall mean the disease wherein an animal in infected with the virus of equine infectious anemia, irrespective of the occurrence or absence of clinical signs of the disease. An animal shall be declared infected with equine infectious anemia if it is classified as a reactor to a serological test or other test approved by the State Veterinarian.
§ 106-405.16. Animals infected with or exposed to equine infectious anemia declared subject to quarantine.
It is hereby declared that the disease of horses, ponies, mules and asses (and other equine animals) known as equine infectious anemia is of an infectious and contagious nature and that animals infected with, exposed to, or suspected of being carriers of the disease shall be subject to quarantine and identifications as required by the rules and regulations of the North Carolina Department of Agriculture and Consumer Services.
§ 106-405.17. Authority to promulgate and enforce rules and regulations.
The State Board of Agriculture shall have full power to promulgate and enforce such rules and regulations, as it deems necessary for the control and eradications of equine infectious anemia. This authority shall include, but not be limited to, the power to make regulations requiring the testing of horses, ponies, mules and asses for equine infectious anemia prior to sale, exhibition or assembly at public stables or other public places, and authority to require the owner, operator or person in charge of shows, sale, public stables and other public places to require proof of freedom from equine infectious anemia before any animal is permitted to remain on the premises. The Board shall also have the authority to set fees for such tests as necessary to recover the costs to the North Carolina Department of Agriculture and Consumer Services.
§ 106-405.18. Implementation of control and eradication program.
The control and eradication of equine infectious anemia in North Carolina shall be conducted as far as available funds will permit, and in accordance with the rules and regulations made by the Board of Agriculture. The Board of Agriculture is hereby authorized to cooperate with the U.S. Department of Agriculture in the control and eradication of equine infectious anemia.
§ 106-405.19. Violation made misdemeanor.
Any person who shall willfully move, direct the movement, or allow to be moved, from the premises where quartered any animal or animals knows to be infected with equine infectious anemia, or under quarantine because of suspected exposure to equine infectious anemia, or who shall violate any provision of this Part or any rule or regulation promulgated by the Board of Agriculture under this Part shall be guilty of a Class 1 misdemeanor.
Part 12. Penalties.
§ 106-405.20. Civil penalties.
The Commissioner may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or any rule promulgated thereunder. In determining the amount of the penalty, the Commissioner shall consider the degree and extent of harm caused by the violation.
.0406 EIA TEST REQUIRED
(a) All equine more than six months of age entering North Carolina for any purpose other than for immediate slaughter shall be accompanied by a copy of the certificate of test from a laboratory approved by the USDA showing the animal to be negative to an approved test for equine infectious anemia (EIA) within the past 12 months, except as provided in 2 NCAC.52B.0410. (See 2 NCAC 52B .0206 for other important requirements.)
(b) No equine more than six months of age shall be sold, offered for sales, traded, given away, or moved for the purpose of change of ownership unless accompanied by the original official negative test for EIA administered within 12 months prior to sale or movement, except that equine which are offered for sale at auction markets or sales may have a blood sample drawn at the market by the market’s veterinarian at the seller’s expense. In such cases, the equine may be sold and transferred contingent upon receipt of an official negative EIA test.
(c) All equine brought to or kept at any public stables or other public place for exhibition, recreation or assembly shall be accompanied by either the original or a copy of an official negative test for EIA administered within the previous 12 months. The owner, operator or person in charge of any public stables or other public place where equine are brought or kept for exhibition, recreation or assembly shall not permit an equine to remain on the premises without the test required by this Rule.
History Note: Authority G.S. 106-405.17; S.L. 1999-237, s. 13.6; Temporary Adoption Eff. October 1, 1999.