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

                                  6281

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2011
                               ___________

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

AN ACT to amend the agriculture and markets  law,  in  relation  to  the
  confidentiality  of certain information submitted to the department of
  agriculture and markets

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

  Section 1. Section 95-a of the agriculture and markets law, as amended
by chapter 271 of the laws of 2001, is amended to read as follows:
  S 95-a. Animal ear tags or other identification. 1. A person who with-
out  authorization  by the commissioner, (a) cuts out, removes, obliter-
ates or destroys a New York state department of agriculture and  markets
official  ear  tag  or other official New York state identification tag,
device or mark on any cattle, camelid, deer, sheep, goats or  swine,  as
defined  in  this  article,  other than such identification which may be
used for the owner's own records in  the  state  of  New  York,  or  (b)
inserts  or  attaches  to  the  ear of any cattle, camelid, deer, sheep,
goats or swine, as defined in this article, in the state of New  York  a
New York state department of agriculture and markets official ear tag or
inserts  in  or  attaches to any such animal any other official New York
state identification tag, device or mark other than such  identification
which  may  be  used  for the owner's own records that has not been duly
issued for said animal by the department is guilty of a misdemeanor.
  2. (A) THE FOLLOWING INFORMATION AND DATA COLLECTED AND MAINTAINED  BY
THE  DEPARTMENT  RELATED TO THE REGISTRATION AND IDENTIFICATION OF PREM-
ISES AND ANIMALS IS CONFIDENTIAL AND NOT SUBJECT TO PUBLIC DISCLOSURE:
  (I) THE NAMES AND ADDRESSES OF OWNERS AND PREMISES CONTACTS;
  (II) THE LOCATION OF PREMISES WHERE ANIMALS ARE KEPT;
  (III) THE IDENTIFICATION NUMBER OF A PREMISES OR AN ANIMAL; AND
  (IV) ALL BUSINESS, PRODUCTION AND INVENTORY DATA FOR ANIMAL PRODUCTION
UNITS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03437-01-1
              

A. 6281                             2

  (B) THE DEPARTMENT MAY DISCLOSE THE DATA REFERRED TO IN PARAGRAPH  (A)
OF  THIS  SUBDIVISION  TO ANY AGENCY OR THE PUBLIC IF IT DETERMINES THAT
SUCH  DISCLOSURE  WILL  AID  IN  THE  LAW  ENFORCEMENT  PROCESS  OR  THE
PROTECTION OF PUBLIC OR ANIMAL HEALTH AND SAFETY.
  (C)  THE  DEPARTMENT  MAY DISCLOSE SUMMARY DATA ON THE STATE OF ANIMAL
HEALTH ON FARMS IN THE STATE. SUCH SUMMARY  DATA  MAY  DESCRIBE  CURRENT
ANIMAL  HEALTH  STATUS AND TRENDS, BUT SHALL NOT PUBLICLY IDENTIFY INDI-
VIDUAL FARMS OR PRODUCERS.
  S 2. This act shall take effect immediately.