S T A T E   O F   N E W   Y O R K
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                                  2192

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. MARKEY -- read once and referred to the Committee
  on Agriculture

AN  ACT to amend the agriculture and markets law, in relation to provid-
  ing for the ongoing inspection of slaughterhouses,  rendering  plants,
  and  commercial  feed  plants  and  providing  for  the repeal of such
  provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Article 5-A of the agriculture and markets law is amended
by adding a new section 96-f-1 to read as follows:
  S 96-F-1.   INSPECTION  OF  SLAUGHTERHOUSES.  THE  COMMISSIONER  SHALL
ASSIGN  QUALIFIED PERSONNEL TO INSPECT CONTINUOUSLY, AT ALL TIMES DURING
ITS OPERATION, EVERY PLACE OR ESTABLISHMENT WHERE ANIMALS OR  FOWLS  ARE
SLAUGHTERED  OR  BUTCHERED FOR FOOD, WHETHER SUCH PLACE OR ESTABLISHMENT
IS GRANTED INSPECTION PURSUANT TO THE FEDERAL MEAT INSPECTION  ACT,  THE
FEDERAL  POULTRY  PRODUCTS  INSPECTION  ACT,  ARTICLE  FIVE-B OR ARTICLE
FIVE-D OF THIS CHAPTER, OR SUBJECT TO LICENSURE UNDER THIS ARTICLE. SUCH
PERSONNEL SHALL ENFORCE ALL APPLICABLE FEDERAL, STATE,  AND  LOCAL  LAWS
AND  REGULATIONS  PERTAINING  TO SANITATION AND HEALTH. IN ADDITION, THE
COMMISSIONER  MAY,  IN  HIS  OR  HER  DISCRETION,  NOTWITHSTANDING   THE
PROVISIONS OF SECTION NINETY-SIX-C OF THIS ARTICLE, ASSIGN INSPECTORS TO
PLACES OR ESTABLISHMENTS OTHERWISE EXEMPT FROM THE APPLICABILITY OF THIS
ARTICLE PURSUANT TO SECTION NINETY-SIX-C OF THIS ARTICLE.
  S  2.  Section  96-z-8 of the agriculture and markets law, as added by
chapter 391 of the laws of 1968, is amended to read as follows:
  S 96-z-8. Access to  premises;  records.    1.  The  commissioner  may
inspect  as  often  as he OR SHE deems necessary, each disposal plant or
vehicle licensed under the provisions of this article. For  the  purpose
of  making  such  inspection, the commissioner and his OR HER authorized
agents shall have free access to all disposal plants licensed  hereunder
and  to all premises where vehicles used in a transportation service are

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03036-01-9
              

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located. Licensees shall maintain such records as the  commissioner  may
require  pertaining  to  the  origin, movement, storage, distribution or
other disposition of inedible meat and such records  shall  be  open  to
inspection  by  the  commissioner or his OR HER authorized agents at any
time during normal working hours.
  2. IN ADDITION TO THE INSPECTIONS AUTHORIZED  BY  SUBDIVISION  ONE  OF
THIS  SECTION,  THE  COMMISSIONER  SHALL  ASSIGN  QUALIFIED PERSONNEL TO
INSPECT CONTINUOUSLY, AT ALL TIMES DURING ITS OPERATION,  ANY  PLANT  IN
WHICH  THERE TAKES PLACE THE RENDERING OR PROCESSING OF ANY MEAT OR MEAT
PRODUCTS THAT MAY BE USED FOR HUMAN OR ANIMAL CONSUMPTION OR MAY BE USED
AS, OR AS A COMPONENT OF, ANY COMMERCIAL FEED, AS DEFINED IN SECTION ONE
HUNDRED TWENTY-EIGHT OF THIS CHAPTER. SUCH PERSONNEL SHALL  ENFORCE  ALL
APPLICABLE  FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS PERTAINING TO
SANITATION AND HEALTH.
  S 3. Section 135-a of the agriculture and markets  law,  as  added  by
chapter 816 of the laws of 1974, is amended to read as follows:
  S 135-a. Inspection,  sampling  and  analysis: ASSIGNED INSPECTORS. 1.
For the purpose of enforcing this article, and  in  order  to  determine
whether its provisions have been complied with, including whether or not
any  operations may be subject to such provisions, officers or employees
of the department,  upon  presenting  appropriate  credentials  and,  if
feasible,  a  written  notice to the owner, operator, or other person in
charge, are authorized (a) to enter, at all reasonable times, any facto-
ry, warehouse, or establishment within the  state  in  which  commercial
feed or feed ingredients may be manufactured, processed, packed, or held
for distribution, or to enter any vehicle which may be used to transport
or  hold such feed or ingredients; and (b) to inspect, at all reasonable
times, such factory, warehouse, establishment or vehicle and all  perti-
nent  equipment,  finished  and  unfinished  materials,  containers, and
labeling therein, and to obtain samples thereat.
  1-A. IN ADDITION TO THE FOREGOING INSPECTIONS AUTHORIZED  BY  SUBDIVI-
SION  ONE  OF  THIS  SECTION,  THE  COMMISSIONER  SHALL ASSIGN QUALIFIED
PERSONNEL TO INSPECT CONTINUOUSLY, AT ALL TIMES  DURING  ITS  OPERATION,
ANY  PLANT,  FACTORY,  WAREHOUSE,  OR  ESTABLISHMENT WITHIN THE STATE IN
WHICH COMMERCIAL FEED OR FEED INGREDIENTS  MAY  BE  MANUFACTURED,  PROC-
ESSED,  PACKED,  OR  HELD FOR DISTRIBUTION. SUCH PERSONNEL SHALL ENFORCE
ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS PERTAINING
TO SANITATION AND HEALTH.
  2. If the officer or employee making such  inspection  of  a  factory,
warehouse,  establishment or vehicle has obtained a sample in the course
of the inspection, if feasible, upon completion of  the  inspection  and
prior to leaving the premises, he OR SHE shall give to the owner, opera-
tor or other person in charge a receipt describing the sample obtained.
  3. Sampling and analysis shall be conducted in accordance with methods
published  by  the  Association  of  Official Analytical Chemists, or in
accordance with other generally recognized methods as  approved  by  the
commissioner.
  4.  The results of all analyses of official samples shall be forwarded
by the commissioner to the person in whose name the brand of  such  feed
is  registered under section one hundred twenty-nine of this article, or
if there be no such registrant for the same, then to the person named on
the label or invoice, delivery slip or other document for such feed,  or
if  the  commissioner  deems it appropriate, to the person from whom the
sample was obtained.  When the analysis of an official sample  indicates
a  commercial  feed  has been adulterated or misbranded, upon request by
the person receiving such results  within  fifteen  days  following  the

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receipt  thereof,  the commissioner or his OR HER authorized agent shall
furnish such person a portion of the sample concerned.
  S 4. This act shall take effect on the one hundred twentieth day after
it  shall  have become a law; provided that the commissioner of agricul-
ture and markets is authorized to, on or before  such  date,  promulgate
any  and all rules and regulations and take any other measures necessary
to implement this act on its effective date; and provided that this  act
shall expire ten years after such effective date when upon such date the
provisions  of  this  act shall be deemed repealed and the provisions of
law amended by this act shall revert to their text as it  existed  imme-
diately prior to the effective date of this act.