BILL NUMBER:S6430

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to vaccination of egg-laying hens against salmonella

PURPOSE:

To require that eggs may not be produced, transported or sold for
human consumption in New York State unless the hens producing them are
vaccinated against salmonella

SUMMARY OF PROVISIONS:

Section 1: Adds a new section 96-z-30 to the agriculture and markets
law. Establishes that no person, corporation, or other entity in New
York, shall transport, sell, or offer or expose for sale eggs for the
purpose of human consumption, unless such eggs originate from poultry
that has been vaccinated against salmonella enteritidis. Sets the
penalty of violation as a class A misdemeanor. Grants the Commissioner
permission to promulgate and adopt rules and regulations to
effectively enact provisions of this section.

Section 2: Sets the effective date.

JUSTIFICATION:

              

The U.S. Food and Drug Administration (FDA) estimates that each year
over 142,000 illnesses and 30 deaths are due to consumption of eggs
contaminated with salmonella enteritidis. Despite the fact that it is
a widely held view among experts that vaccines as part of a
comprehensive egg safety program would be effective in preventing
salmonella enteritidis, vaccinations of egg-laying hens have not been
mandated by the FDA or New York State. Salmonella vaccination by
British farmers has successfully reduced the number of salmonella
enteritidis cases by 96 Percent in England and Wales over the past
decade.

The FDA regulations preempt states from issuing less stringent
regulations, but allow for New York and other states to adopt more
stringent measures, such as requiring vaccinations. Passing this bill
will ensure that all eggs sold in New York State come from vaccinated
hens, irrespective of where the eggs are produced, and will do more to
protect New Yorkers from this serious and sometimes deadly illness.

An exception to this provision would be made for eggs transported
within the state to an egg breaking plant for pasteurization, or for
research or experimentation purposes with written permission by the
Commissioner.

The mandates under the bill would be enforceable under regulations
similar to those currently promulgated by the State Department of
Agriculture and Markets (Section 57.7) governing salmonella
enteritidis, and could be incorporated into the certification process
that out-of-state producers of eggs are already required to comply
with.

LEGISLATIVE HISTORY:


2010: S.8490/A.11712
2012: S.85/A.5912

FISCAL IMPACT ON THE STATE:

Minimal.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that effective
immediately, the addition, amendment, or repeal of any rule or
regulation necessary for the implementation of this action on its
effective date is authorized and directed to be made and completed
before such effective date.