S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2054
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced by M. of A. SIMON -- Multi-Sponsored by -- M. of A. MAGNAREL-
   LI,  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-TWO,  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01202-01-1
              

 A. 2054                             2
 
   (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,
 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

 A. 2054                             3
 
 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.
   § 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.