Title: Part 57 - Conditions Under Which A Dog Actively Immunized Against Rabies May Be At Large In Designated Areas Certified For Rabies

(Statutory authority: Public Health Law, õ 2140)


Volume: A-1

Statutory Authority: Public Health Law, Section 2140)

Title: Section 57.1 - Definitions

Section 57.1 Definitions.

(a) Three-year vaccine is a rabies vaccine for dogs which the Federal government has accepted as providing three-year duration of immunity.

(b) Active Immunization, to permit a dog to be at large,* shall mean the injection of a three-year vaccine which meets the standards prescribed by the United States Department of Agriculture for interstate sale ** and has been administered by a duly licensed veterinarian not later than the expiration date on the package. Vaccines shall be administered following the directions of the manufacturer as approved by the Federal government.

* FOOTNOTE: In accordance with section 2140, article 21 of the Public Health Law "at large" means "elsewhere than on the premises of the owner, except it be on the premises of another person with the knowledge and assent of such other person". An opinion from the Attorney General states a dog on leash is not "at large" within the meaning of this statute (1943, Op. Att. Gen. 290).
** FOOTNOTE: Such products have the legend "U.S. Veterinary License No.---" printed on all containers.

(c) Certified area means an area certified by the State Commissioner of Health in accordance with section 2140 of article 21 of the Public Health Law as one in which, or in the vicinity of which, rabies exists.

(d) Designated area means an area which the State Commissioner of Health has designated as one in which dogs which have been actively immunized against rabies in accordance with the provisions in the rules may be permitted to be at large.

Volume: A-1

Title: Section 57.2 - Privilege of vaccinated dogs to run at large in a designated area

57.2 Privilege of vaccinated dogs to run at large in a designated area. The privilege of vaccinated dogs to run at large in a designated area shall not apply:

(a) to any dog until 21 days after rabies vaccination;

(b) to any dog after three years from its last vaccination against rabies with a three-year vaccine;

(c) to any dog which has been bitten by or has been in intimate contact with a rabid animal from the date of such bite or exposure until four months later, except that dogs vaccinated with a three-year vaccine within an interval of three weeks to three years prior to exposure shall be permitted to remain at large, providing a booster injection of a three-year vaccine is given within five days of exposure.***

(d) to any dog which has bitten a person until 10 days after such bite.***

*** FOOTNOTE: See Regulation 5, Chapter II, Sanitary Code.

Volume: A-1

Title: Section 57.3 - Additional conditions to be complied with

57.3 Additional conditions to be complied with.

(a) The veterinarian administering the vaccine shall give to the owner **** of the dog a signed statement which shall give the name and address of owner, and date or dates of vaccination together with the type of vaccine injected, the amount and manner of injection, name of manufacturer, lot number, and expiration date of the vaccine.

**** FOOTNOTE: Section 107 of the Agriculture and Markets Law States: "The word 'owner' includes a person harboring or keeping a dog."

(b) The owner shall keep this statement readily available for inspection by official agents concerned with the control of rabies.

(c) The veterinarian administering the vaccine shall attach an indestructible tag securely to the collar of the dog indicating that the dog has been vaccinated against rabies, with the date of last vaccination marked on the tag, which shall be worn by the dog at all times, and which shall be of a size plainly visible at a reasonable distance for purposes of inspection by officials concerned, and readily distinguishable from the dog license tag.

Volume: A-1

Title: Section 57.4 - Requirements for designated area

57.4 Requirements for designated area.

(a) An area may be designated after at least 70 percent of the enumerated dogs have been vaccinated as defined in subdivision (b) of section 57.1 of this Part.

(b) An area may be designated upon receipt of a resolution from the board of supervisors of the county, requesting the State Commissioner of Health to permit all dogs vaccinated against rabies to run at large, whereupon the commissioner may grant such privilege subject to the limitations of section 57.2 of this Part and subject to the following conditions:

(1) that the board of supervisors shall have provided funds and made the necessary arrangements for giving dog owners the opportunity of having their dogs vaccinated;

(2) that every effort shall be made to permit only vaccinated dogs to run at large;

(3) that, if within four months of the date of granting this request, 70 percent or more of the enumerated dog population have not been vaccinated, the commissioner may revoke this privilege.

Designation may be revoked at any time for failure to enforce the provisions of the Public Health Law.

Volume: A-1