§ 2-40-801 - Definitions.
               	 		
2-40-801.    Definitions.
    As used in this subchapter:
      (1)  "Accredited  veterinarian" means a veterinarian licensed by the Veterinary Medical  Examining Board and approved by the Animal and Plant Health Inspection  Service of the United States Department of Agriculture (USDA, APHIS) to  perform functions required for state or cooperative state and federal  animal disease control and eradication programs;
      (2)  "Adjacent  herds" means a group or groups of equidae sharing common pasture or  having other direct contact with an affected herd or reactor animal and  herds containing previous purchases from or exchanges with an affected  herd. Herds separated by a distance of less than four hundred forty  (440) yards are considered adjacent herds;
      (3)  "Affected  herd" means a herd of equidae that contains or has contained one or  more animals infected with equine infectious anemia and that has not  passed the required tests necessary for release from quarantine;
      (4)  "Approved  laboratory" means a laboratory which is approved by the United States  Department of Agriculture and the State Veterinarian to conduct an  official test for equine infectious anemia;
      (5)  "Approved  market" means a stockyard, livestock market, or other premises,  approved by the commission where equidae are congregated for sale;
      (6)  "Authorized  agent" means a person who has been authorized by the Arkansas Livestock  and Poultry Commission to act on its behalf in making investigations  and inspections and performing other services or acts which have been  defined by this subchapter;
      (7)  "Certificate  of veterinary inspection" means an official document issued by an  accredited veterinarian at the point of origin of a shipment of equidae.  It shall include:
            (A)  The  name, breed, registration number if any, implanted electronic  identification transponder number if any, tattoo if any, brand if any,  sex, age, color, and markings sufficient to positively identify each  equidae listed on the form;
            (B)  A  record of a physical examination of each animal verifying freedom from  visible evidence of any contagious, infectious, or communicable diseases  and the results of an official test for equine infectious anemia,  including the name of the approved laboratory, the case number, and the  date of the most recent test results; and
            (C)  The equidae temperature reading;
      (8)  "Certified  equine infectious anemia verifier" or "certified EIA verifier" means  any certificate holder having completed the prescribed training course  co-sponsored by the Arkansas Livestock and Poultry Commission, the  University of Arkansas Cooperative Extension Service, and the Arkansas  Horse Council, Inc.;
      (9)  "Commission" means the Arkansas Livestock and Poultry Commission;
      (10)  "Concentration  point" means the gathering of one (1) or more equidae, for any purpose,  at a single location, facility, or area whereby equidae will be within  four hundred forty (440) yards from each other;
      (11)  "Designated  epidemiologist" means an experienced licensed epidemiologist who has  been designated by the State Veterinarian to perform those functions  necessary for the classification of equidae, based on the evaluation of  test results and consideration of the animal and herd history as well as  other epidemiologic factors including, but not limited to, weather  conditions, number of vectors in the area, and concentration of animals;
      (12)  "Epidemiologist investigation" means the process used by the designated epidemiologist to classify equidae;
      (13)  "Equidae"  means a family of perissodactyl ungulate mammals containing a single  genus equus, which includes horses, asses, jacks, jennies, hennies,  mules, donkeys, burros, ponies, and zebras;
      (14)  "Equine activity" means:
            (A)  Equine  shows, fairs, competitions, performances, or parades that involve any  or all breeds of equines and any of the equine disciplines, including,  but not limited to, dressage, hunter and jumper horse shows, grand prix  jumping, three-day events, combined training, rodeos, pulling, cutting,  polo, steeplechasing, endurance trail riding and western games, and  hunting;
            (B)  Equine training and teaching activities;
            (C)  Boarding equines;
            (D)  Riding,  inspecting, or evaluating an equine belonging to another, whether or  not the owner has received some monetary consideration or other thing of  value for the use of the equine or is permitting a prospective  purchaser of equine to ride, inspect, or evaluate the equine; and
            (E)  Rides, hunts, or other equine activities of any type, no matter how informal or impromptu;
      (15)  "Equine  infectious anemia", "EIA", or "EIAV" means the communicable infectious  disease which affects equidae and is caused by the virus of equine  infectious anemia;
      (16)  "Exposed  equidae" means equidae that have been in contact with, associated with,  adjacent to, or within four hundred forty (440) yards of animals known  to be equine infectious anemia reactors;
      (17)  "Herd"  means one (1) or more equidae of single or multiple ownership  maintained on common ground or one (1) or more equidae under single or  multiple ownership that are geographically separated but that can have  an interchange or movement without regard to health status;
      (18)    (A)  "Livestock  dealer" means any person engaged in the business of buying or selling  livestock including equidae in commerce on a commission basis, or any  person registered and bonded under the provisions of the federal Packers  and Stockyards Act, as amended, who buys or sells equidae.
            (B)  The  term "livestock dealer" does not include a farmer or rancher who buys  or sells livestock or equidae in the ordinary course of his or her  farming or ranching operation;
      (19)  "Neighboring  herd" means one (1) or more equidae residing within four hundred forty  (440) yards of another premise containing equidae and which other  premise is owned, leased, or caretaken by different individuals,  partnerships, or corporations. Temporary additions of equidae,  regardless of length of time, are considered part of neighboring herds;
      (20)  "Negative  current equine infectious anemia test" or "negative current EIA test"  means a negative response to an official equine infectious anemia test  conducted by an approved laboratory within the past twelve (12) months;
      (21)  "Official  equine infectious anemia test" or "official EIA test" means the agar  gel immunodiffusion (AGID) test, also known as the "Coggins" test, the  competitive enzyme-linked immunosorbent assay (CELISA) test, the  synthetic antigen enzyme linked immunosorbent assay (SA-ELISA) test and  any other United States Department of Agriculture licensed tests  approved by the commission;
      (22)  "Participant"  means any person, whether amateur or professional, who engages in an  equine activity, whether or not a fee is paid to participate in the  equine activity;
      (23)    (A)  "Permit"  or "permit for movement" means an official document issued by the  commission, a representative of Office of Veterinary Services of the  Animal and Plant Health Inspection Service of the United States  Department of Agriculture, or an accredited veterinarian authorizing the  movement of a reactor or exposed equidae to a quarantined holding  facility, an approved slaughter facility, or approved quarantined  premise.
            (B)  The permit shall  list the name, breed, registration number if any, tattoo if any,  implanted electronic identification transponder number if any, brand if  any, sex, age, color, and markings sufficient to positively identify  each equidae listed on the form. The owner's name and address, origin  and destination locations, and purpose of the movement shall also be  recorded;
      (24)  "Quarantine" means  a written notice or order issued by the commission showing the  boundaries of the area or premise affected, the equidae restricted, and  the restrictions, if any;
      (25)  "Quarantined holding facility" means a quarantined premise approved by the commission to handle reactors or exposed equidae;
      (26)  "Reactor" means any equidae which reacts positively to an official equine infectious anemia test;
      (27)  "Regulatory veterinarian" means a veterinarian employed by or acting as an agent for the commission; and
      (28)  "Research  facility" means any facility that meets or exceeds the standards and  requirements set forth by the Animal and Plant Health Inspection Service  of the United States Department of Agriculture and the commission for  equine infectious anemia research.