BILL NUMBER:S6383               REVISED 03/06/12

TITLE OF BILL:
An act
to amend chapter 395 of the laws of 2008, amending the agriculture and
markets law relating to licensing of establishments where animals or
fowls are slaughtered, in relation to the effectiveness thereof

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to maintain a sanitary, healthy, and
comfortable living environment for the residents of New York City.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would prohibit the commissioner of the department of
agriculture and markets from issuing a license to any establishment
that is located within a 1500 foot radius of a residential dwelling
in New York City where animals and/or fowls are slaughtered or
butchered for food for four years after enactment.

JUSTIFICATION:
The Administrative Code of the city of New York affirms "it is the
public policy of the city that every person is entitled to air that
is not detrimental to life, health and enjoyment of his or her
property." However prior to 2008, the city had failed to adequately
control the poor air quality or the numerous health threats that
resulted from the proliferation of live poultry markets in
              

residential/retail communities.
Poultry markets currently operating within the city had been a source
of great unrest for city occupants.

Businesses and residents complained regularly about the unbearable
odor that emanated from the markets, odor that became virtually
intolerable during the hot summer months. Often, markets failed to
properly dispose of animal entrails, which created undesirable
conditions in the streets and on the sidewalks of the city. Floating
feathers clogged sewer drains and air conditioning/heating ducts and
presented asthma, allergy and respiratory hazards.

Experience in local communities has shown that these markets are not
monitored appropriately due to the inadequate number of state and
city inspectors necessary to ensure market compliance with health,
food safety and environmental laws. Lack of monitoring became
especially frightening in light of Mad Cow disease and recent
outbreaks of avian influenza ("bird flu").

The continued siting of live poultry markets in the midst of dense,
urban and often residential areas has been found to jeopardize both
residential and commercial property values as families were forced to
move away from their homes and businesses were forced to close or
relocate due to employee illness and a loss of customers. Markets
that profit in the on-site slaughter of animals have had a

significantly negative impact on residential and retail communities
and steps must be taken to provide for
better planning so that the well being of residents and the character
of the city are preserved.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately, and will expire and be deemed repealed
four years after enactment.