§ 368. Operating upon tails of horses unlawful. 1. Any person who cuts
the bone, tissues, muscles or tendons of the tail of any horse, mare or
gelding, or otherwise operates upon it in any manner for the purpose or
with the effect of docking, setting, or otherwise altering the natural
carriage of the tail, or who knowingly permits the same to be done upon
premises of which he is the owner, lessee, proprietor or user, or who
assists in or is voluntarily present at such cutting, is guilty of a
misdemeanor, punishable by imprisonment for not more than one year, or
by a fine of not more than five hundred dollars or by both. If a horse
is found with the bone, tissues, muscles or tendons of its tail cut as
aforesaid and with the wound resulting therefrom unhealed, upon the
premises or in the charge and custody of any person, such fact shall be
prima facie evidence of a violation of this section by the owner or user
of such premises or the person having such charge or custody,
respectively.

2. Any person who shows or exhibits at any horse show or other like
exhibition in this state a horse, mare or gelding, the tail of which has
been cut or operated upon in the manner referred to in section one
hereof, is guilty of a misdemeanor, punishable by imprisonment for not
more than one year, or by a fine of not more than five hundred dollars,
or by both; provided that the provisions of this section shall not apply
with respect to an animal the tail of which has been so cut or operated
upon, if the owner thereof furnishes to the manager or other official
having charge of the horse show or exhibition at which such animal is
shown or exhibited an affidavit by the owner, or a licensed
veterinarian, in a form approved by the state department of agriculture
and markets, stating either that the tail of such horse was so cut prior
to June first, nineteen hundred sixty-four, or that it was so cut in a
state wherein such cutting was not then specifically prohibited by the
laws thereof. Said affidavit shall, to the best of affiant's knowledge,
information and belief, identify the animal with respect to sex, age,
markings, sire and dam, and state either that the cutting was done prior
to June first, nineteen hundred sixty-four, or the time and place of
such cutting and the name and address of the person by whom performed.
The affidavit shall be subject to inspection at all reasonable times by
any peace officer, acting pursuant to his special duties, or police
officer of this state, or by a designated representative of the
commissioner. In lieu of furnishing such affidavit to the manager or
other official having charge of such horse show or exhibition, the owner
of such horse may specify on the entry blank for the horse show or
exhibition the name and address of a central registry office designated
by the state department of agriculture and markets where such an
affidavit has already been filed and is available for inspection.