PUBLIC ISSUE: County was proposing imposing unusual regulations on animal keeping that were inappropriate for equines and would have adversely impacted horse keeping. Draft Proposed Regulations follow response by Cyla Allison below:
Article 17, Proposed Additions
"Commercial Animal Establishments"
Suffolk County Board of Health public hearing February 20, 2002
Dear Commissioner and Board of Health Members:
Thank you for this opportunity to comment on issues that affect several thousand horse enthusiasts on Long Island. We applaud your understanding in complex issues and your efforts to protect us from health threats. I come here as a horse person and President of Nassau-Suffolk Horsemen's Association, which has been active on Long Island for nearly 35 years. We reach about 2,000 horsemen on the Island.
Let me then take this opportunity to examine some inconsistencies you might want to note. Please understand that my area of knowledge is fairly well restricted to equines. We know the intent of this board is not to interrupt reenactments, living history, horse shows and other events, but we need the code to be clearly written. An untrained or overly zealous enforcement officer could cause havoc at an event or cause undue caution from the organizations that invite us there.
The title of Article 17, "Commercial Animal Establishments" is confusing. For example, do our educational programs qualify? Does it make a difference whether we accept an honorarium for our educational fund? If riders are awarded an honorarium for riding and talking to the general public, such as for a school history program, is this a "commercial" venture that falls in the "permit" category?
§760-1702 Applicability. The proposal states that it shall not apply to "boarding or breeding kennels/catteries or any establishment with the purpose of training, leasing, or selling guard or service animals." Horse boarding operations may have unintentionally been left out. A horse boarding operation may or may not also be a riding school or "lesson" barn. This needs clarification.
§760-1702 Applicability. We are perplexed about requiring a permit, paperwork and itinerary for a "photo opportunity." Does this mean that if I let someone take a picture of me on my horse, that I should have had a permit? How are "shows" different from "horse shows?" Perhaps this language needs some clarification.
If riding academies and lesson barns are exempt, why should parades and fair exhibitions be included? What is the risk with equines that differentiates between the two settings? If the intent is to target other animals at fairs, why not exclude the requirements for horses.
If a group of horsemen are invited to ride as Cavalry in a Civil War reenactment at a local heritage setting, for example, and part of the educational program is to allow the general public to approach, ask questions and even pet the horses, will we have to provide an attendance log? Will the event chairman have to get a "permit?" Will the event chairman have to provide a sign warning folks that they are at risk for "transmission of pathogens" if they pet a horse? (which is not true in our estimation) If we tie the horse to a hitching post or "high line" or the trailer, will we have to provide a "double barrier" as described in §760-1707? Are we expected to haul that "double barrier" around on horseback?
Certainly our horse activities should not be required to meet greater or more onerous standards that those required for interstate transportation, admission to race tracks or international transportation.
§760-1703 Permit. Will the "additional person authorized" be a veterinarian hired by the Board of Health who is knowledgeable about domestic animals, farm animals, wild animals and equines?
How long will the permits last? If the ownership of the "commercial" establishment does not change, is the permit for years? Will permit applications be processed quickly? Will a hack stable have to go through the entire permit process each time he buys or sells a horse?
If a parent hires for "pony rides" at a birthday party, do all these requirements apply? Will the pony ride businessperson be required to get a permit for each birthday party even though he has complied with all other requirements? Supply a log and post danger signs?
There are inconsistencies throughout the text with regard to vaccinations. On page 3, §760-1701, you refer to administration of a rabies vaccine "under the direction of a duly licensed veterinarian" and then on page 7, §760-1716 the proposal states "veterinarian shall vaccinate all mammals" and goes on to say that the vaccination shall be at least 14 days prior to arrival but does not state how long before arrival the vaccination can be considered effective for horses. For example, does this mean that if a horse has been rabies vaccinated with his regular shots in April that he has to have a second shot within two weeks prior to coming to NY in June? For each parade or living history appearance, will the owner have to get another vaccination if they are more than three weeks apart?
Please do note that there has never been a case of rabies in a horse on Long Island-one of the benefits of living on an island. We understand and support vaccinations because it is only a matter of time until it does happen here. As you know, the Centers for Disease Control tells us that wild animals account for 92% of the reported cases of rabies. We also know that in 1999 the cases of rabies in dogs, cats and horses decreased 1.8%, 1.4% and 20.7% respectively. Rabies in cats continues to be more than twice as numerous as those in dogs or cattle. These statistics attest to the successful vaccination programs in our country. The number of human deaths in the US from rabies has declined from more than 100 per year to an average of 1 or 2 each year.
§760-1705 Animal Identification. Perhaps you need to codify the proposed "uniquely identified" requirement. Horse people use a form for their "Coggins" that ask the veterinarian to identify whorls, blazes, color, breeds, size of horse. Will that be sufficient? Where will a vet get such forms? Will you have the number of employees needed to check each form against the horse described? Hack stables may have between 50 and 100 horses.
§760-1709 Contagious Diseases. "All animals shall be free from diseases contagious to humans." We are not sure what diseases you are targeting and so find it difficult to respond. Horses are dead end hosts for West Nile Virus, WEE and EEE. Like humans, they do not get foot-and-mouth disease. We hope you will identify the target "diseases" and allow us to respond at a later date with scientific and medical information about equines and disease. Equines do not spread any disease to humans of which we are aware. For further discussion, please read our attachment, "Does Horse Manure Pose a Significant Risk to Human Health." by Adda Quinn.
§760-1710 Hand-Mouth Activities. Does this mean positively no drinking, eating or smoking on horseback? Since we all carry canteens, does this mean we can't drink from them? Will we get a citation? Who is responsible for confiscating lollipops and sodas from folks who observe representations of 18th Century life? Clarification would be helpful.
§760-1711 Hand Washing. We understand and applaud the intent of this regulation. However, we must keep in mind that a person is many times more likely to get Escherichia coli (e.coli) from changing a baby's diaper than from a horse. As you know, e. coli is in every person's digestive tract and we need to wash our hands to protect ourselves from ourselves. According to the CDC, in the US 73,000 cases and 61 deaths can be attributed to the E.coli O157:H7 annually. "Most infections have been from consumption of contaminated juice, meat and other foods."
However, for hack stables to provide hand washing stations in the interactive area and the animal free area is impractical. Does that mean that the corral where the person mounts and dismounts the horse has to have a hand washing station? What does "sufficient for maximum anticipated attendance" mean? If a trail ride takes out 8 people, do they need 8 individual sinks? What if they take out 12 people? As for the instruction that children under 5 wash their hands with adult supervision, is it the responsibility of the establishment owner to supervise the child's hand washing? Or is that a parental responsibility?
§760-1715 Private Pets. I assume the intent of this section is to help the commercial owner eliminate any disease brought in to his establishment by the general public. However, in practicality, a person coming to visit his horse at a facility could not bring his dog even as far as the parking lot of the facility. Certainly, the dog could not accompany him as he went about his chores. Dogs are a traditional and non-problematic feature at horse shows. Rabies vaccine is required of all dogs on Long Island; perhaps this requirement is not needed or needs to be clarified.
In general, we understand that public officials may classify equines with other animals when considering health code stipulations. However, since equines communicate no disease and are often out among the attendees at fairs, living history events, parades and other situations, perhaps they should be excluded from many of the categories you are stipulating here.
I want to thank you for your time and would appreciate an opportunity to answer any questions or find the answer to any concern you might have. I do earnestly hope that you will have another public hearing after you have considered the testimony today.
Sincerely,
Cyla Allison, Ph.D.
Additional Notes:
I'm afraid also that your good intentions inadvertently lead to careless fear mongering on the parts of others as in the article in Newsday yesterday about this hearing.
Findings on E. coli 0157.7 in adult horse are available from Dr. Rob Atwill, UC Davis and is, or will soon be, in press for publication in peer reviewed literature. National Animal Health Monitoring System has data proving no salmonella, which Atwill confirmed in his study on E. coli and salmonella.
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Draft
Proposed SUFFOLK COUNTY SANITARY CODE
ARTICLE 17
COMMERCIAL ANIMAL ESTABLISHMENTS
§760-1702 Applicability
§760-1703 Permit
§760-1704 Generally Accepted Standards
§760-1705 Animal Identification
760-1706 Attendance Log
760-1707 Barriers
§760-1708 Compliance with Other Codes, Rules and Regulations
§760-1709 Contagious Diseases
§760-1710 Hand-Mouth Activities
§760-1711 Handwashing
§760-1712 Information/Signage
§760-1714 Notification of Alleged Bite, Contact or Illness
§760-1715 Private Pets
§760-1716 Rabies Vaccination
§760-1717 Raw Milk
§760-1717 Variance and Waivers
§760-1701 Definitions. As used in this Article, the following words and terms shall have the indicated meanings:
Adequate shall mean sufficient to accomplish the purpose for which something is intended, and to such a degree that no unreasonable risk to health or safety is presented. An item installed, maintained, designed and assembled, an activity conducted, or act performed, in accordance with generally accepted standards, principles or practices applicable to a particular trade, business, occupation or profession, is adequate within the meaning of this Article.
Animal Ride shall mean a temporary exhibit of burros, horses, ponies, elephants, camels, or other animals on which the public may ride.
Animal shall mean every non-human species of animal bath domestic and wild including but not limited to dogs, cats, livestock and fowl.
Approved vaccine shall mean any rabies vaccine which meets the standards prescribed by the United States Department of Agriculture for interstate sale.
Carnival Animal Exhibit shall mean any temporary establishment where living animals are displayed to the public
Circus shall mean a commercial variety show featuring animal acts for public entertainment.
Current vaccination shall mean the administration of a rabies vaccine suitable to the species, which meets the standards prescribed by the United States Department of Agriculture for interstate sale and is administered according to the manufacturers instructions under the direction of a duly licensed veterinarian not later than the expiration date on the package. Current vaccination shall begin 14 days following primary vaccination, and continue for the period stated in the manufacturers instructions.
Domestic Livestock shall mean sheep, horses, cattle, goats and swine.
Exposure shall mean introduction of the rabies virus into the body of a human or animal. Any penetration by mouth to the skin of humans or animals constitutes a bite exposure. A nonbite exposure is a scratch, abrasion, open wound, or contamination of mucous membranes with saliva or other potentially infectious material from a rabid animal.
Performing Animal Exhibition shall mean any spectacle, display act, or event, other than circuses, in which performing animals are used.
Permit Issuing Official shall mean the Suffolk County Commissioner of Health Services or the director of public health as an additional person authorized to issue the permits required by this Article.
Person shall mean an individual, or firm, estate, partnership, company, corporation, trustee, association, or any public or private entity.
Pet Shop shall mean any room or group of rooms, cage or pen, not part of a kennel, pound, shelter or veterinary hospital wherein dogs, cats or other animals are kept or displayed for retail sale.
Petting Zoo shall mean any permanent or mobile establishment or premises where living animals are displayed to the public in a manner that allows the animals to be touched or handled.
Prim my Enclosure shall mean any structure or device used to restrict an animal or animals to a limited amount of space, such as a roam, pen, run, cage, compartment, pool, or hutch.
Proof of Vaccination shall mean a signed, written statement from a veterinarian. A valid animal health certificate, which has the vaccination(s) listed and is signed by the issuing veterinarian, is acceptable proof of vaccination. The date of vaccination must be listed on all certificates.
Zoo shall mean any establishment or premises where a collection of living animals is harbored for public display.
§760-1702 Applicability. The requirements of this Article shall apply to commercial animal establishments. Commercial animal establishment~ shall include but not be limited to: animal rides, carnival animal exhibits, circuses, performing animal exhibitions, pet shops, petting zoos, photo opportunities, shows and zoos. The requirements of this Article shall not apply to: animal hospitals, animal shelters, humane societies, boarding or breeding kennels/catteries, or any establishment with the purpose of training, leasing, or selling guard or service animals. The requirements of this Article shall not apply to wildlife rehabilitators licensed pursuant to New York State Environmental Conservation Law. Additionally, the requirements of this Article shall not apply to equestrian riding academies or "lesson barns", but shall apply to "hack barns" where horses or ponies are available for "hire".
Pet shops, dog, cat, and horse shows shall be exempt from all provisions of this Article except §760-1712 Information/Signage. Commercial Animal Establishments operated accessory to such shows shall not be exempt.
§760-1703 Permit. Permit to operate a commercial animal establishment required; application, issuance, revocation, posting. (a) No person shall operate any commercial animal establishment without a permit to do so from the permit-issuing official. No organizer of a temporary event shall allow on the premises of the temporary event anycommercial animal establishment that does not have a permit from the permit-issuing official.
(b) Application for a permit to operate a commercial animal establishment shall be made to the permit-issuing official, on a form and in a manner prescribed by the permit-issuing official, by the person who will operate the commercial animal establishment. Application for a permit to operate a commercial animal establishment shall be made at least 30 days before the first day of proposed operation of such commercial animal establishment or prior to the expiration of an existing permit. An application shall be filed for a new permit, following the revocation of a permit, 30 days before the proposed resumption of operation of the commercial animal establishment. In the event of an intended change of operator of a commercial animal establishment, the new operator shall apply for a permit before the change is effected. An application for a permit shall be filed before a change in the name of a commercial animal establishment is made.
(c) A permit shall not be transferable or assignable.
(d) A permit may be revoked if the permit-issuing official finds that the commercial animal establishment for which the permit was issued is maintained or operated in violation of law, this Article, or the sanitary code. A permit may also be revoked upon request of the permittee or upon abandonment of operation.
(e) A permit issued for the operation of a commercial animal establishment shall be posted in a place on the premises conspicuous to the public.
(f) The permit-issuing official may establish procedures for the exchange of information with other Federal, State or local governmental agencies having responsibility for making inspections of commercial animal establishments as defined in this Article, and may utilize the information provided by any such agency in making a determination regarding the issuance of a permit required by this Article.
(g) A person to whom any permit is issued shall comply with the provisions of this Article and with all conditions stated in the permit, and shall allow the permit-issuing official or his representative to enter the premises at any reasonable time to ascertain compliance with this Article.
(h) Staff acceptable to the permit-issuing official shall be provided to assure proper operation of all facilities.
(i) Staff and exhibitors shall be clearly identifiable.
§760-1704 Generally Accepted Standards. Generally accepted standards for the enforcement of this Article shall include, but not be limited to current editions or versions of the: National Association of State Public Health Veterinarians (NASPHV) Compendium of Animal Rabies Prevention and Control and New York State Department of Agriculture and Markets Fair Season Regulations.
§760-1705 Animal Identification. Animals having contact with the public shall be uniquely identified. Acceptable identification allows positive matching of the animal to all accompanying documents including papers with laboratory test results and vaccination statements. If a sketch or photograph is to be used for official identification of an animal, the sketch or photograph shall contain the signature of the attending veterinarian and date. Horse sketches and descriptions should reference color pattern, hair whorls, chestnuts, scars and other markings. Llama drawings, as for horses, shall positively identify the individual animal. A name or a statement of color without additional distinguishing features or man made identification is not acceptable identification.
760-1706 Attendance Log. An attendance log shall be made available for use by those visitors having actual animal contact. The log shall provide for date of visit, name, address and telephone number. Attendance logs shall be maintained by the operator for a minimum of six months. Attendance logs shall be made available to the permit-issuing official upon request.
780-1707 Barriers. Venues shall be designed to minimize risk. Animal contact is not appropriate at food service establishments and infant care settings, and special care shall be taken with school-aged children. At venues where animal contact is desired, layout shall provide a separate area where humans and animals interact and an area where animals are not allowed. Food and beverages shall be prepared, served, and consumed only in animal-free areas. Separation between animal areas and foodservice areas shall be as prescribed in Article 13 of this code. Animal petting shall occur only in the interaction area to facilitate close supervision and coaching of visitors. Children shall be provided adult supervision. Clear separation methods such as double barriers shall be present to prevent contact with animals, their environment, and their wastes other than in the interaction area.
§760-1708 Compliance with Other Codes, Rules and Regulations. All commercial animal establishments shall be operated in compliance with applicable Federal, State or local codes, rules and regulations.
§760-1709 Contagious Diseases. All animals shall be free from diseases contagious to humans.
§760-1710 Hand-Mouth Activities. Hand-mouth activities such as eating, drinking, smoking, and carrying toys and pacifiers shall not be permitted in interaction areas.
§160-1711 Handwashing. Adequate handwashing facilities shall be provided. Handwashing stations shall be available to both the animal-free area and the interaction area. Running water, soap, and disposable towels shall be available so that visitors can wash their hands immediately after contact with the animals. Handwashing facilities shall provide for sanitary collection and disposal of wastewater. Handwashing facilities shall be accessible, sufficient for the maximum anticipated attendance, and configured for use by children and adults. Children aged <5 years shall wash their hands with adult supervision. Staff training and posted signs shall emphasize the need to wash hands after touching animals or their environment, before eating, and on leaving the interaction area. Communal basins do not constitute adequate handwashing facilities.
§760-1712 information/Signage. Information and signage shall be provided. Persons providing public access to animals shall inform visitors about the risk for transmission of pathogens from animals to humans, and strategies for prevention of such transmission. Visitors shall be made aware that certain farm animals pose greater risk for transmitting enteric infections to humans than others. Such animals include calves and other young ruminant animals, young poultry, and ill animals. When possible, information shall be provided before the visit.
Persons at high risk for serious infections shall observe heightened precaution. Farm animals shall be handled by everyone as if the animals are colonized with human enteric pathogens. However, children aged <5 years, the elderly, pregnant women, and immunocompromised persons (e.g., those with HIV/AIDS) are at higher risk for serious infections. Such persons shall weigh the risks for contact with farm animals. If allowed to have contact, children aged <5 years shall be supervised closely by adults, with precautions strictly enforced.
5760-1713 Itinerary. Mobile or traveling commercial animal establishments shall provide an itinerary for the two months immediately preceding and two months immediately succeeding stops within Suffolk County. The itinerary shall include: dates, site name or location, city, state, regulatory agencies and telephone numbers for all stops.
§760-1714 Notification of Alleged Bite, Contact or Illness. The operator of a commercial animal establishment shall report immediately to the permit-issuing official, the full name, age, address, and telephone number of any person who has been exposed to any animal suspected of having rabies or illness communicable to humans, and all pertinent facts relating to such exposure.
The operator of a commercial animal establishment having knowledge of the existence of an animal exhibiting clinical signs suggestive of rabies or illness communicable to humans shall report immediately to the permit-issuing official.
§760-1715 Private Pets. Private pets owned by the general public, other than service, shall not be permitted on the premises of a commercial animal establishment.
§760-1716 Rabies Vaccination. An accredited veterinarian shall vaccinate all mammals at least three months of age for which there is a USDA licensed rabies vaccine at least 14 days prior to arrival at a commercial animal establishment. An accredited veterinarian shall vaccinate off-label~ all mammals at least three months of age for which there is not a USDA licensed rabies vaccine 30 to 180 days prior to arrival at a commercial animal establishment.
Proof of rabies vaccination shall be provided. There shall be no public contact with unvaccinated animals.
Small mammals such as mice, guinea pigs and rabbits may be exhibited without rabies vaccination provided effective barriers preclude public contact.
§760-1717 Raw Milk. Raw milk shall not be served to humans.
§760-1717 Variance and Waiver.
(a) In order to allow time to comply with a provision of this Article, an operator may submit a written request to the permit-issuing official for a variance. A request for a variance will not be considered unless the operator demonstrates that the health and safety of the public will not be prejudiced by the variance, and that there are practical difficulties or hardships in immediate compliance with the provision. An operator must meet all terms and conditions of an approved variance.
(b) In order to obtain a waiver permitting alternative arrangements that do not meet the provisions of this Article but do protect the health and safety of the public, an operator may submit a written request to the permit-issuing official for a waiver from a specific provision of this Article. Such request must demonstrate that the alternative arrangements provide adequate protection of the health and safety of the public. An operator must meet all terms of an approved waiver. A waiver will remain in effect indefinitely unless revoked by the permit-issuing official or the facility changes operators.