S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11144
 
                           I N  A S S E M B L Y
 
                             November 6, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Simon,
   Magnarelli, McDonough, Taylor)  --  read  once  and  referred  to  the
   Committee on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting certain wildlife and fish from  being  imported  into  the
   state;  and  to  amend the agriculture and markets law, in relation to
   live animal markets
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 11-1710 to read as follows:
 § 11-1710. PROHIBITED IMPORT OF WILDLIFE AND FISH.
   1. (A) THE DEPARTMENT SHALL PROMULGATE A LIST BY RULE  OR  REGULATION,
 NO  LATER  THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, OF WILD-
 LIFE AND FISH THAT SHALL NOT BE IMPORTED OR TRANSPORTED INTO THIS STATE.
 THE LIST ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL INCLUDE ALL BAT,
 RODENT AND PRIMATE SPECIES, UNLESS AND UNTIL A FINDING IS MADE  PURSUANT
 TO PARAGRAPH (C) OF THIS SUBDIVISION THAT THE IMPORTATION RESTRICTION ON
 A SPECIES IS NOT NECESSARY.
   (B)  THE  DEPARTMENT  SHALL  ADD A WILDLIFE ANIMAL OR FISH TO THE LIST
 CREATED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION IF  IT  DETERMINES
 THAT  PROHIBITING  THE IMPORTATION OR TRANSPORTATION OF SUCH WILDLIFE OR
 FISH INTO THE STATE IS NECESSARY TO PROTECT PUBLIC  HEALTH  AND  SAFETY,
 NATIVE WILDLIFE OR FISH, OR AGRICULTURAL INTERESTS OF THE STATE.
   (C)  THE  DEPARTMENT  SHALL  REMOVE A WILDLIFE ANIMAL OR FISH FROM THE
 LIST CREATED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION IF IT  DETER-
 MINES  THAT  PROHIBITING THE IMPORTATION OR TRANSPORTATION OF SUCH WILD-
 LIFE OR FISH INTO THE STATE IS NOT NECESSARY TO  PROTECT  PUBLIC  HEALTH
 AND  SAFETY,  NATIVE  WILDLIFE OR FISH, OR AGRICULTURAL INTERESTS OF THE
 STATE.
   (D) THE DEPARTMENT SHALL PUBLISH THE LIST CREATED  PURSUANT  TO  PARA-
 GRAPH (A) OF THIS SUBDIVISION ON ITS WEBSITE.
   2.  (A)  THE DEPARTMENT SHALL IMMEDIATELY SUSPEND ANY EXISTING LICENSE
 OR AUTHORIZATION, AND SHALL NOT ISSUE ANY NEW LICENSE OR  AUTHORIZATION,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17453-02-0

 A. 11144                            2
 
 FOR  THE  IMPORT  OF A SPECIES OF WILDLIFE OR FISH INTO THE STATE IF ANY
 STATE AGENCY MAKES A WRITTEN FINDING THAT SCIENTIFIC  EVIDENCE  SUGGESTS
 THAT  ZOONOTIC  TRANSMISSION  FROM  SUCH  SPECIES,  OR A CLOSELY RELATED
 SPECIES WITHIN THE SAME FAMILY, COULD BE RESPONSIBLE FOR A NOVEL, OR NOT
 PREVIOUSLY REPORTED, READILY TRANSMISSIBLE HUMAN DISEASE.
   (B)  THE DEPARTMENT SHALL TAKE ANY ADDITIONAL MEASURES PURSUANT TO ITS
 AUTHORITY UNDER THIS CHAPTER RELATED TO WILDLIFE AND FISH IT SHALL  DEEM
 NECESSARY  TO  PROTECT  THE  PUBLIC  HEALTH  FROM  THE TRANSMISSION OF A
 ZOONOTIC DISEASE THAT  HAS  THE  POTENTIAL  TO  CAUSE  A  HUMAN  DISEASE
 OUTBREAK OR EPIDEMIC.
   (C) THE DEPARTMENT SHALL NOT AUTHORIZE THE IMPORTATION OF ANY INDIVID-
 UAL  WILDLIFE  OR  FISH  SPECIES  THAT COULD BE RESPONSIBLE FOR ZOONOTIC
 TRANSMISSION OF A READILY TRANSMISSIBLE HUMAN DISEASE UNTIL  A  PROTOCOL
 FOR  ROBUST  TESTING, EFFECTIVE TREATMENT, OR QUARANTINE, AS APPROPRIATE
 AND SUBJECT TO PARAGRAPH (D) OF  THIS  SUBDIVISION,  IS  IMPLEMENTED  TO
 ENSURE  THAT  ALL  INDIVIDUAL  ANIMAL  SPECIES  SUBJECT  TO A LICENSE OR
 AUTHORIZATION ARE NOT CARRIERS.
   (D) IN IMPLEMENTING THIS SECTION, THE DEPARTMENT  SHALL  CONSULT  WITH
 THE  DEPARTMENT OF HEALTH AND THE DEPARTMENT OF AGRICULTURE AND MARKETS,
 AND ANY OTHER EXPERTS THE DEPARTMENT SHALL  DEEM  NECESSARY,  TO  ENSURE
 THAT SUCH IMPLEMENTATION IS INFORMED BY THE BEST AVAILABLE SCIENCE.
   3. (A) ANY UNIVERSITY, COLLEGE, GOVERNMENTAL RESEARCH AGENCY, OR OTHER
 BONA  FIDE  SCIENTIFIC  INSTITUTION  LOCATED  IN THIS STATE MAY SUBMIT A
 WRITTEN APPLICATION TO THE DEPARTMENT FOR EXEMPTION FROM ANY  PROHIBITED
 IMPORT  OR  TRANSPORT OF WILDLIFE OR FISH UNDER THIS SECTION OR FROM ANY
 RULE OR REGULATION PROMULGATED PURSUANT TO THIS SECTION.  THE DEPARTMENT
 SHALL REVIEW SUCH APPLICATIONS AND MAY  GRANT  SUCH  EXEMPTIONS  IN  ITS
 DISCRETION  ON A CASE-BY-CASE BASIS. FOR ANY WILDLIFE OR FISH THAT COULD
 BE RESPONSIBLE FOR ZOONOTIC  TRANSMISSION  OF  A  READILY  TRANSMISSIBLE
 HUMAN  DISEASE,  AS  DETERMINED  PURSUANT  TO  SUBDIVISION  TWO  OF THIS
 SECTION, THE DEPARTMENT  SHALL  REQUIRE  THE  APPLICANT  TO  DEMONSTRATE
 BIOSAFETY  EQUIPMENT AND PROTOCOLS NECESSARY TO SAFELY HANDLE SUCH WILD-
 LIFE OR FISH.
   (B) ANY ZOO OR OTHER FACILITY LOCATED IN THIS STATE MAY SUBMIT A WRIT-
 TEN APPLICATION TO THE DEPARTMENT  FOR  EXEMPTION  FROM  ANY  PROHIBITED
 IMPORT  OR  TRANSPORT OF WILDLIFE OR FISH UNDER THIS SECTION OR FROM ANY
 RULE OR REGULATION PROMULGATED PURSUANT TO THIS SECTION.  THE DEPARTMENT
 SHALL REVIEW SUCH APPLICATIONS AND MAY  GRANT  SUCH  EXEMPTIONS  IN  ITS
 DISCRETION  ON A CASE-BY-CASE BASIS. FOR ANY WILDLIFE OR FISH THAT COULD
 BE RESPONSIBLE FOR ZOONOTIC  TRANSMISSION  OF  A  READILY  TRANSMISSIBLE
 HUMAN  DISEASE,  AS  DETERMINED  PURSUANT  TO  SUBDIVISION  TWO  OF THIS
 SECTION, THE DEPARTMENT  SHALL  REQUIRE  THE  APPLICANT  TO  DEMONSTRATE
 BIOSAFETY  EQUIPMENT AND PROTOCOLS NECESSARY TO SAFELY HANDLE SUCH WILD-
 LIFE OR FISH.
   (C) THE DEPARTMENT SHALL CREATE AND  MAKE  AVAILABLE  ON  ITS  WEBSITE
 APPLICATION  FORMS  TO  BE  USED FOR SUBMISSION BY APPLICANTS CONSISTENT
 WITH PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION.
   (D) THE DEPARTMENT SHALL BE PERMITTED TO REQUIRE ANY FURTHER  INFORMA-
 TION  TO BE SUBMITTED BY APPLICANTS UNDER THIS SUBDIVISION THAT IT SHALL
 DEEM NECESSARY TO FULFILL THE PURPOSES OF THIS SECTION.  THE  DEPARTMENT
 SHALL BE PERMITTED TO CONDUCT ANY INSPECTIONS AS PART OF THE APPLICATION
 PROCESS  THAT  IT  SHALL  DEEM NECESSARY TO FULFILL THE PURPOSES OF THIS
 SECTION.
   (E) THE DEPARTMENT SHALL  BE  PERMITTED  TO  ESTABLISH  FEES  FOR  THE
 ACCEPTANCE AND PROCESSING OF APPLICATIONS PURSUANT TO THIS SUBDIVISION.

 A. 11144                            3
 
   §  2. The agriculture and markets law is amended by adding a new arti-
 cle 22-A to read as follows:
                               ARTICLE 22-A
                            LIVE ANIMAL MARKETS
 SECTION 270. DEFINITIONS.
         271. REGULATIONS.
         272. OPERATION OF LIVE ANIMAL MARKETS.
   §  270.  DEFINITIONS.  FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ANIMAL" MEANS ANY LIVING CREATURE EXCEPT A HUMAN BEING;
   2. "LIVE ANIMAL MARKET" MEANS A RETAIL FOOD MARKET WHERE, IN THE REGU-
 LAR COURSE OF BUSINESS, ANIMALS ARE STORED ALIVE AND SOLD  TO  CONSUMERS
 FOR THE PURPOSE OF HUMAN CONSUMPTION.
   3.  "TAXON"  MEANS  A  TAXONOMIC  GROUP, SUCH AS A SPECIES, FAMILY, OR
 CLASS.
   § 271. REGULATIONS. 1. THE  DEPARTMENT  SHALL  PROMULGATE  REGULATIONS
 GOVERNING THE STORING AND SALE OF ANIMALS FOR LIVE ANIMAL MARKETS.
   2. REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
 SHALL  IDENTIFY  A  LIST  OF PROHIBITED ANIMALS KNOWN OR LIKELY TO BE AN
 INVASIVE SPECIES OR OF A TAXON KNOWN OR LIKELY  TO  BE  RESPONSIBLE  FOR
 ZOONOTIC TRANSMISSION OF DISEASE.
   §  272.  OPERATION OF LIVE ANIMAL MARKETS. 1. EVERY PERSON OR BUSINESS
 THAT OPERATES A LIVE ANIMAL MARKET SHALL ENSURE THAT:
   (A) NO ANIMAL SHALL BE DISMEMBERED, FLAYED,  CUT  OPEN,  OR  HAVE  ITS
 SKIN,  SCALES,  FEATHERS,  OR  SHELL  REMOVED WHILE SUCH ANIMAL IS STILL
 ALIVE;
   (B) NO LIVE ANIMAL SHALL BE CONFINED, HELD, OR DISPLAYED IN  A  MANNER
 THAT  RESULTS,  OR  IS  LIKELY  TO  RESULT, IN INJURY, STARVATION, DEHY-
 DRATION, OR SUFFOCATION OF SUCH ANIMAL;
   (C) NO ANIMAL AT SUCH LIVE ANIMAL MARKET IS AN INVASIVE SPECIES OR  OF
 A TAXON KNOWN OR LIKELY TO BE RESPONSIBLE FOR ZOONOTIC TRANSMISSION OF A
 DISEASE,  AS  DETERMINED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
 PURSUANT TO SECTION 11-1710 OF THE ENVIRONMENTAL CONSERVATION LAW;
   (D) WILDLIFE SPECIES SHALL NOT BE CAGED, HANDLED, OR TRANSPORTED  WITH
 LIVESTOCK  OR  DOMESTIC  ANIMALS,  AND  SHALL NOT BE SOLD IN SPACES NEAR
 LIVESTOCK OR DOMESTIC ANIMALS;
   (E) WILDLIFE SPECIES SHOWING SIGNS OF ILLNESS SHALL NOT  BE  PERMITTED
 TO BE SOLD IN LIVE ANIMAL MARKETS; AND
   (F)  NO  BAT,  RODENT  OR PRIMATE SPECIES SHALL BE SOLD IN LIVE ANIMAL
 MARKETS.
   2. ANY PERSON WHO VIOLATES A PROVISION OF THIS SECTION:
   (A) FOR A FIRST VIOLATION, SHALL BE ISSUED  A  WRITTEN  WARNING  IN  A
 LANGUAGE THAT IS UNDERSTOOD BY THE PERSON RECEIVING SUCH WARNING; AND
   (B)  FOR  ANY  SUBSEQUENT  VIOLATION, SUCH PERSON SHALL BE GUILTY OF A
 CLASS A MISDEMEANOR, PUNISHABLE BY A FINE OF AT LEAST TWO HUNDRED  FIFTY
 DOLLARS, BUT NOT EXCEEDING ONE THOUSAND DOLLARS.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.