CHAPTER 438a

HORSES

Table of Contents

Sec. 22-410. Awards to breeders of winning race horses. Connecticut Breeders’ Fund.

Sec. 22-411. Registration of Connecticut-bred horses and breeding records of stallions.

Sec. 22-412. Promotion of equine industry.

Sec. 22-413. Health certification of equines. Penalty.

Sec. 22-414. Supervision of public equine auctions. Licenses. Fees. Penalty.

Sec. 22-415. Inhumane transportation of equines. Penalty. Regulations.

Sec. 22-415a. Equine infectious anemia: Definitions.

Sec. 22-415b. Required testing for equine infectious anemia for equines exposed to the disease.

Sec. 22-415c. Requirements for the importation of equines into Connecticut. Penalties.

Sec. 22-415d. Written permission for transfer of ownership of an equine that tested positive.

Sec. 22-415e. Isolation; retesting. Freeze-brand.

Sec. 22-415f. Disposal. Proposal for isolation area.

Sec. 22-415g. Isolation area requirements.

Sec. 22-415h. Equine semen imported into Connecticut.

Sec. 22-415i. Inspection.

Sec. 22-415j. Regulations.


Sec. 22-410. Awards to breeders of winning race horses. Connecticut Breeders’ Fund. The Department of Agriculture and the Department of Consumer Protection, within the limitations of funds available, may offer cash awards to the breeders of Connecticut-bred horses which officially finish in first place in horse races conducted in this state where pari-mutuel betting is permitted and to those which finish first, second or third in horse races where pari-mutuel betting is permitted and the total purse is twenty thousand dollars or more, and to owners at the time of service of the stallions which sired such horses. Such awards shall be paid from the Connecticut Breeders’ Fund to be administered by the departments. Said fund shall consist of revenues derived from pari-mutuel betting in such races in the state, both on and off-track, consisting of twenty-five per cent of the tax derived from the breakage of the state’s share of the tax derived from such races, pursuant to subdivision (2) of subsection (d) of section 12-575, with a limit set for the fund not to exceed fifty thousand dollars in any fiscal year.

(P.A. 74-335, S. 1; P.A. 79-404, S. 36, 45; P.A. 80-482, S. 342, 343, 345, 348; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1; P.A. 11-51, S. 199.)

History: P.A. 79-404 replaced commission on special revenue with division of special revenue within the department of business regulation; P.A. 80-482 placed division within department of revenue services and deleted reference to abolished department of business regulation; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 11-51 changed “Division of Special Revenue” to “Department of Consumer Protection” and changed “department and the division” to “departments”, effective July 1, 2011.

Sec. 22-411. Registration of Connecticut-bred horses and breeding records of stallions. The Department of Agriculture shall administer the registration of Connecticut-bred horses and the breeding records of stallions standing in this state. To qualify as a Connecticut-bred horse, the dam of such Connecticut horse shall have dropped such foal in this state and the registration certificate of such foal issued by the appropriate official breed registry shall be filed with the Department of Agriculture. To qualify as a sire of a Connecticut-bred award winner, the stallion shall have been based in the state at the time of the conception of such foal, shall have been registered with the Department of Agriculture and shall have stood the entire stud season within the state.

(P.A. 74-335, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1.)

History: June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

Sec. 22-412. Promotion of equine industry. The Department of Agriculture and the Department of Consumer Protection shall use part of said fund for programs to promote the equine industry in the state of Connecticut, such as equine activities, facilities and research. The Department of Agriculture and the Department of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section and sections 22-410 and 22-411.

(P.A. 74-335, S. 3; P.A. 77-614, S. 318, 610; P.A. 79-404, S. 37, 45; P.A. 80-482, S. 342, 343, 345, 348; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1; P.A. 11-51, S. 200.)

History: P.A. 77-614 deleted reference to advisory role of Equine Advisory Council in use of funds to promote the equine industry, effective January 1, 1979; P.A. 79-404 replaced commission on special revenue with division of special revenue within the department of business regulation; P.A. 80-482 placed division within department of revenue services and deleted reference to abolished department of business regulation; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 11-51 changed “Division of Special Revenue” to “Department of Consumer Protection” and made a technical change, effective July 1, 2011.

Sec. 22-413. Health certification of equines. Penalty. (a) Any equine presented for public auction in this state shall have a health certificate issued by a veterinarian licensed pursuant to the provisions of chapter 384 and cosigned by the State Veterinarian. Such examination shall be obtained within ten days prior to the auction and shall be made at the expense of the owner.

(b) Any equine presented for public auction in this state shall have a certificate indicating a negative reaction to a coggins test which shall be obtained within sixty days prior to such auction.

(c) Any person violating any provision of this section shall be fined not less than one hundred dollars or more than five hundred dollars for each violation.

(P.A. 75-583, S. 1, 2; P.A. 91-62, S. 1; P.A. 98-12, S. 19, 22; P.A. 07-217, S. 102.)

History: P.A. 91-62 deleted requirement that the certificate specify health problems in the equine; P.A. 98-12 deleted former Subsec. (c) re adoption of regulations and redesignated remaining subsection accordingly, effective July 1, 1998; P.A. 07-217 made a technical change in Subsec. (c), effective July 12, 2007.

Sec. 22-414. Supervision of public equine auctions. Licenses. Fees. Penalty. The Commissioner of Agriculture shall supervise commission sales stables where equines are sold at public auctions. Any person, firm or corporation engaged in the business of selling equines at auctions shall annually apply to the commissioner for a license upon a form to be prescribed by the commissioner. The fee for a license to hold one public auction annually shall be thirty dollars and the fee for a license to hold more than one public auction annually shall be one hundred dollars. Each such license shall be issued for the period of one year from July first and may be revoked for cause. If, in the judgment of the commissioner, any provision of this section has been violated, the commissioner shall send notice by registered or certified mail to the licensee, who shall be given a hearing, and, if violation is proven, the licensee’s license shall be revoked. All stables and sales rings shall be kept clean and shall be suitably disinfected prior to each sale. The provisions of this section shall not apply to the private sale of equines conducted by the owner thereof. Any person, or any officer or agent of any corporation, who violates any provision of this section or who obstructs or attempts to obstruct the Commissioner of Agriculture or the commissioner’s deputy or any of the commissioner’s assistants in the performance of the commissioner’s duty shall be fined not less than one hundred dollars or more than five hundred dollars.

(P.A. 75-589, S. 1, 3; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 07-217, S. 103; June Sp. Sess. P.A. 09-3, S. 301.)

History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 07-217 made technical changes, effective July 12, 2007; June Sp. Sess. P.A. 09-3 increased license fee for holding one public auction annually from $15 to $30 and increased license fee for holding more than one public auction annually from $50 to $100.

Sec. 22-415. Inhumane transportation of equines. Penalty. Regulations. Any person who carries or causes to be carried or has the care of any equine in or attached to any vehicle or otherwise in an unnecessarily cruel or inhumane manner, or in a way and manner which might endanger the equine or knowingly and wilfully authorizes or permits such equine to be subjected to unnecessary torture, suffering or cruelty of any kind in the transporting of such equine, shall be punished by a fine of not less than one hundred dollars or more than five hundred dollars. The Commissioner of Agriculture shall adopt regulations pursuant to chapter 54 pertaining to the transportation of equines upon the highways of Connecticut as deemed necessary to prevent the cruel or inhumane treatment of equines.

(P.A. 75-589, S. 2, 3; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 07-217, S. 104.)

History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 07-217 made a technical change, effective July 12, 2007.

Cited. 218 C. 757.

Sec. 22-415a. Equine infectious anemia: Definitions. As used in sections 22-415a to 22-415j, inclusive:

(1) “Commissioner” means the Commissioner of Agriculture;

(2) “Equine” means any member of the equine family which includes horses, ponies, mules, asses, donkeys and zebras;

(3) “Equine infectious anemia” means a disease of equines caused by an infectious virus which may be spread by blood-sucking insects, unsterile surgical instruments and community use of equipment that may produce cuts or abrasions and which may cause an equine to test positive to an official test;

(4) “Licensed veterinarian” means a veterinarian who is licensed pursuant to the provisions of chapter 384;

(5) “Official test” means a serological test for equine infectious anemia that is (A) approved by the Animal and Plant Health Inspection Service of the United States Department of Agriculture, (B) conducted in a laboratory approved by the Commissioner of Agriculture, and (C) administered by a licensed veterinarian, state veterinarian, or full-time employee with the state Department of Agriculture;

(6) “Reactor” means an equine whose blood serum reacts positively to an official test for equine infectious anemia;

(7) “Freeze-brand” means a metal brand which produces a permanent mark with a configuration of 16A that is three inches in height and is applied to the left neck or shoulder area of any equine that is positive to the equine infectious anemia test in such a manner that the brand is obvious and not obscured by a mane;

(8) “Isolation” means no biological contact with another equine.

(P.A. 88-151, S. 1, 11; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1; P.A. 10-32, S. 84.)

History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 10-32 deleted reference to livestock division in Subdiv. (5), effective May 10, 2010.

Sec. 22-415b. Required testing for equine infectious anemia for equines exposed to the disease. The commissioner may require an equine to be tested for equine infectious anemia at the expense of the owner if he reasonably determines that such equine has been exposed to equine infectious anemia and poses a threat to other equines.

(P.A. 88-151, S. 2, 11.)

Sec. 22-415c. Requirements for the importation of equines into Connecticut. Penalties. (a) Any equine imported into the state, except as provided in subsection (c) of this section, shall have an official interstate health certificate and an official equine infectious anemia test certificate which states that such equine has been officially tested prior to being imported into the state and found to be negative to equine infectious anemia within a period not exceeding twelve months prior to the date of entry. Such certificates shall include the name and address of the owner, trainer or person responsible for the equine; the name and registration number of the equine, if any; and the age, breed, sex, color and positive identifying marks or scars of the equine, including a complete description of such marks or scars.

(b) If an equine does not have the equine infectious anemia certificate required by subsection (a) of this section or if the State Veterinarian or his agent determines that such a certificate does not properly or accurately describe an equine, the State Veterinarian or his agent may require the equine to be held at an area approved by him and retested at the expense of the owner or be removed from the state.

(c) Any equine which does not have an official equine anemia test certificate may be shipped into the state for immediate slaughter in accordance with section 22-272a. Any equine which tested positive to equine infectious anemia on an official test may be shipped into the state for research purposes or immediate slaughter in accordance with said section after first obtaining a special permit from the State Veterinarian.

(d) Any person who violates any provision of this section shall be fined not more than five hundred dollars for each violation. Any equine which does not have a valid interstate health certificate shall be immediately quarantined and the State Veterinarian shall order whatever tests necessary to determine the health of such equine. All costs associated with any such quarantine as well as any tests conducted shall be paid by the owner of such equine.

(P.A. 88-151, S. 3, 11; P.A. 93-22; P.A. 96-24, S. 2.)

History: P.A. 93-22 added Subsec. (d) imposing penalty for violation of this section and additional criteria for quarantine of equines; P.A. 96-24 amended Subsec. (a) to modify preimportation testing requirements re equine infectious anemia.

Sec. 22-415d. Written permission for transfer of ownership of an equine that tested positive. No person shall sell, lease, exchange, barter, or give away any equine that tested positive to an official test for equine infectious anemia except upon written permission from the commissioner.

(P.A. 88-151, S. 4, 11.)

Sec. 22-415e. Isolation; retesting. Freeze-brand. Any equine which reacts positively to the official test shall be isolated on the premises where such equine was tested. Any reactor shall be retested, within fourteen days, by the State Veterinarian or his representative to reaffirm the identity and reaction of such equine. All other equines on such premises shall be quarantined. A quarantine shall be in effect until the reactor is disposed of or quarantined to another area approved by the commissioner and any remaining equines are tested, at a time determined by the State Veterinarian, and have reacted negatively. Any reactor shall be permanently identified by the State Veterinarian using a freeze-brand.

(P.A. 88-151, S. 5, 11.)

Sec. 22-415f. Disposal. Proposal for isolation area. (a) The owner of an equine which tested positive on the second official test shall dispose of such equine, in accordance with subsection (b) of this section, within seven days of receipt of the second positive equine infectious anemia test result or shall retain such equine under quarantine and in isolation in an area approved by the State Veterinarian or his representative. The owner of a reactor intending to retain such reactor shall submit a proposal for an isolation area to the commissioner within seven days of receipt of the second positive equine infectious anemia test result.

(b) Disposal of an equine which reacted positively to the official test shall be by one of the following methods: (1) Humane destruction by a licensed veterinarian. The euthanizing of such equine shall be witnessed by the State Veterinarian or his agent, or the licensed veterinarian euthanizing said equine shall submit a signed statement to the commissioner attesting to the destruction of the equine; (2) sale or donation to a research facility with the approval of the State Veterinarian; or (3) identification and sale for slaughter, accompanied by a permit issued by the commissioner for slaughter at an establishment approved by the State Veterinarian, provided such equine meets state and federal regulations.

(P.A. 88-151, S. 6, 11.)

Sec. 22-415g. Isolation area requirements. An equine in isolation pursuant to sections 22-415e and 22-415f shall be confined to an enclosure or pasture whose boundaries are not less than two hundred yards from an enclosure or pasture harboring an equine which has not had an official equine infectious anemia test or is found to be negative to such test, provided the commissioner may approve confinement to an enclosure or pasture whose boundaries are less than two hundred yards upon determination that such enclosure or pasture is sufficiently screened to preclude entry of biting insects. No reactor may be moved from an isolation area except upon written authorization by the State Veterinarian.

(P.A. 88-151, S. 7, 11.)

Sec. 22-415h. Equine semen imported into Connecticut. All equine semen imported into the state shall be from stallions that tested negative for equine infectious anemia during the calendar year in which the semen was collected.

(P.A. 88-151, S. 8, 11.)

Sec. 22-415i. Inspection. (a) The Commissioner of Agriculture or his designated agents may inspect the premises where an equine is in isolation to confirm compliance with the provisions of section 22-415g and any relevant regulations adopted under section 22-415j.

(b) The Commissioner of Agriculture or his designated agents shall have access at reasonable times to any paddock, stable, or building used for equine purposes if the commissioner has reason to believe there is a violation of the provisions of sections 22-415a to 22-415j, inclusive, or the regulations adopted under section 22-415j.

(P.A. 88-151, S. 9, 11; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

Sec. 22-415j. Regulations. The Commissioner of Agriculture shall adopt regulations, in accordance with the provision of chapter 54, to carry out the purposes of sections 22-415a to 22-415j, inclusive.

(P.A. 88-151, S. 10, 11; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.