Sec. 61-32-2 - Definitions

§ 61-32-2. Definitions

2.1. "APHIS" means Animal and Plant Health Inspection Service.

2.2. "Application" means a request form submitted to the Commissioner to open an Equine Rescue Facility.

2.3. "Body condition score" means an industry accepted evaluation of an animal's body fat and muscle mass as related to skeletal dimension and stage of production.

2.4. "Coggins" means the common name for the agar gel immunodiffusion test for diagnosis of Equine Infectious Anemia (EIA).

2.5. "Commissioner" means the Commissioner of the West Virginia Department of Agriculture.

2.6. "Designated isolation area" means an area with no direct equine contact.

2.7. "Emergency situation" means a serious unexpected and often dangerous situation requiring immediate action.

2.8. "Equine" means any animal in the Family Equidae, including horses, asses, mules, ponies, and zebras.

2.9. "Equine infectious anemia" means an infectious disease of equines caused by a lentivirus, equine infectious anemia virus (EIAV).

2.10. "Equine rescue facility" means a facility that is listed as a nonprofit organization having a legitimate and current status under Title 26 U.S.C. 501(c)(3) that fosters care to unwanted equines due to age, health or other circumstances that deem the equines homeless; provided that a nonprofit organization that supervises foster care of unwanted equines but does not have a physical location where animals are housed is not an equine rescue facility for purpose of West Virginia Code § 19-33-1

2.11. "Equine rescue facility license" means a license granted by the Commissioner to an applicant to open an equine rescue facility.

2.12. "Henneke body score" means a numerical scale used to evaluate the amount of fat on a horse's body, based on both visual appraisal and palpable fat cover of the six major points of the horse that are most responsive to changes in body fat. It is the scientific method of evaluating a horse's body condition regardless of breed, body type, sex or age.

2.13. "Humane officer" means a person, designated by the sheriff in each county, to prevent the perpetration or continuance of any act of cruelty upon any animal and to investigate and, upon probable cause, to arrest and assist in the prosecution of any person engaging in cruel and forbidden practices.

2.14. "Inspection" means an examination of an equine rescue facility to see that the standards of care are met for the horses, facility, and premises, conducted by a humane officer or county sheriff, in the county that the facility is located.

2.15. "Licensed accredited veterinarian" means any veterinarian licensed to practice veterinary medicine in the state of West Virginia and accredited by the State Veterinarian, APHIS and approved by the Deputy Administrator of USDA, APHIS, VS (United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Service) in accordance with provisions of Part 161, Title 9, Code of Federal Regulations (CFR) and pre-approved to perform certain functions of Federal and cooperative State-Federal programs.

2.16. "Maintenance" means the preservation and upkeep of the premises of an equine rescue facility, as well as the space in which horses are kept.

2.17. "Quarantine area" means a confined area, a minimum of 200 yards from any equine and under the direct supervision and control of a State or Federal animal health official, who shall establish procedures for the accounting of all animals entering or leaving the area.

2.18. "Revocation" means the withdrawl of a license to operate an equine rescue facility by the Commissioner.

2.19. "Seizure" means to take possession of the horses that are kept at an equine rescue facility.

2.20. "Shelter" means any cover man made or natural that gives livestock or poultry protection from the elements.

2.21. "USDA" means the United States Department of Agriculture.

2.22. "West Virginia Equine Rescue Standards" means the American Association of Equine Practitioners Care Guidelines for Equine Rescue and Retirement Facilities.

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