NY State Senate Bill 2021-S3182

Senate Bill S3182

2021-2022 Legislative Session

Relates to prohibiting the operation of establishments where animals and/or fowls are slaughtered or butchered for food

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to agriculture
Jan 28, 2021	referred to agriculture

co-Sponsors

2021-S3182 (ACTIVE) - Details

See Assembly Version of this Bill:: A3629
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §96-ee, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8291, A10399
2023-2024: S4311, A959

2021-S3182 (ACTIVE) - Summary

Prohibits the operation of establishments where animals and/or fowls are slaughtered or butchered for food; establishes a task force on public health risks and animal welfare concerns of slaughterhouses.

2021-S3182 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3182

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to prohib-
iting the operation of establishments where animals and/or fowls are
slaughtered and butchered for food

 
PURPOSE:

This bill will place a moratorium on the operation of live markets in
New York State and establish a task force to examine the public health
risks and animal welfare concerns they present.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the agriculture and markets law by adding a new
section 96.

Section two establishes the effective date.

 
JUSTIFICATION:

Live markets allow customers to shop directly from cages of live
animals, which are then slaughtered and butchered on site. Inspection
reports and camera footage detail the deplorable conditions found in
these markets, and a lack of regulation and oversight have allowed these
conditions to persist despite the risk to public health. Many zoonotic
diseases, which originate in animals and are then transmitted to people,
such as SARS and H5N1, and most recently, COVID-19, have their origins
in live markets. As a result of the COVID-19 pandemic there is a growing
movement among scientists, public health experts and animal welfare
advocates to close the markets worldwide.

Outside of the United States, live markets may sell monkeys, bats,
snakes and other exotic animals. Live markets in the United States,
including the 80+ live markets operating in densely populated residen-
tial areas in New York City, typically sell chickens, ducks, turkeys,
rabbits and other fowl as well as goats, sheep and cows.  Regardless of
the species offered, the markets are potential vectors for the spread of
zoonotic disease. The crowding of multiple species, the sourcing of the
animals and the filthy conditions in which they are routinely kept in
and killed all create the opportunity for disease to spread, presenting
the risk of another global pandemic.  Live markets in New York City have
been issued a litany of violations by the New York State Department of
Agriculture and Markets for offenses including leaving animal blood and
feces on public sidewalks, allowing grime to accumulate on butchering
equipment, and other unsanitary conditions. Not only are these condi-
tions cruel to the animals, they are hazardous to the health of custom-
ers who buy their food at these markets.

This legislation will place a moratorium on the operation of live animal
markets in New York State and convene a task force to examine the public
health risks associated with their use and the animal cruelty concerns
they present.

 
LEGISLATIVE HISTORY:

S8291 of 2020; Referred to Agriculture

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately

2021-S3182 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3182
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced by Sens. SEPULVEDA, HARCKHAM, MAYER -- read twice and ordered
   printed, and when printed to be committed to the Committee on Agricul-
   ture
 
 AN  ACT to amend the agriculture and markets law, in relation to prohib-
   iting the operation of establishments where animals and/or  fowls  are
   slaughtered and butchered for food

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   Legislative intent. The  legislature  hereby  finds  that
 emergency measures must be enacted to help prevent the spread of zoonot-
 ic  and  other  infectious  diseases.  Experts throughout the world have
 concluded that the COVID-19 crisis is  likely  attributable  to  a  live
 animal  market.    Inspection reports from the department of agriculture
 and markets indicate ongoing health, safety and welfare problems at  New
 York's  markets.  Hundreds of thousands of human lives have already been
 lost and millions of people  have  been  sickened  during  the  COVID-19
 pandemic.  The  purpose of this law is to eliminate one potential vector
 for the transmission of zoonotic diseases, live animal markets, and  the
 suffering  it  causes therefrom at least until there is further examina-
 tion by  infectious  disease  experts  of  the  nexus  between  zoonotic
 diseases and live animal markets.
   §  2.  The  agriculture  and  markets  law  is amended by adding a new
 section 96-ee to read as follows:
   § 96-EE. PROHIBITION OF THE OPERATION OF ESTABLISHMENTS WHERE  ANIMALS
 AND/OR  FOWLS ARE SLAUGHTERED FOR FOOD. 1. NOTWITHSTANDING ANY PROVISION
 OF LAW TO THE CONTRARY:
   (A) THE COMMISSIONER SHALL NOT LICENSE ANY PERSON,  FIRM,  PARTNERSHIP
 OR  CORPORATION  TO  OPERATE  ANY  PLACE  OR ESTABLISHMENT WHERE ANIMALS
 AND/OR FOWLS ARE SLAUGHTERED OR BUTCHERED FOR FOOD;
   (B) THE COMMISSIONER SHALL IMMEDIATELY  SUSPEND  THE  LICENSE  OF  ANY
 PERSON,  FIRM, PARTNERSHIP OR CORPORATION THAT CURRENTLY HOLDS A LICENSE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06109-01-1

 S. 3182                             2
 
 ISSUED BY THE COMMISSIONER TO OPERATE ANY PLACE OR  ESTABLISHMENT  WHERE
 ANIMALS AND/OR FOWLS ARE SLAUGHTERED OR BUTCHERED FOR FOOD; AND
   (C) NO PERSON, FIRM, PARTNERSHIP OR CORPORATION THAT CURRENTLY HOLDS A
 LICENSE ISSUED BY THE COMMISSIONER TO OPERATE ANY PLACE OR ESTABLISHMENT
 WHERE  ANIMALS  AND/OR FOWLS ARE SLAUGHTERED OR BUTCHERED FOR FOOD SHALL
 OPERATE SUCH ESTABLISHMENT AFTER THE EFFECTIVE DATE OF THIS SECTION.
   2. (A) A TASK FORCE ON PUBLIC HEALTH RISKS AND ANIMAL WELFARE CONCERNS
 OF SLAUGHTERHOUSES IS HEREBY ESTABLISHED. SUCH TASK FORCE SHALL  CONDUCT
 AND COMPLETE A THOROUGH EXAMINATION OF FACILITIES HERETOFORE LICENSED BY
 THE  DEPARTMENT UNDER THIS ARTICLE AND THEIR EFFECT ON PUBLIC HEALTH AND
 SAFETY AND ANIMAL WELFARE.
   (B) SUCH TASK FORCE SHALL CONSIST OF SEVEN MEMBERS, TO BE APPOINTED AS
 FOLLOWS: ONE MEMBER TO BE APPOINTED BY THE GOVERNOR; TWO MEMBERS  TO  BE
 APPOINTED  BY  THE  TEMPORARY PRESIDENT OF THE SENATE; TWO MEMBERS TO BE
 APPOINTED BY THE SPEAKER OF THE ASSEMBLY; ONE MEMBER TO BE APPOINTED  BY
 THE  COMMISSIONER OR HIS OR HER DESIGNEE; AND ONE MEMBER TO BE APPOINTED
 BY THE COMMISSIONER OF HEALTH OR HIS OR HER DESIGNEE.  APPOINTEES  SHALL
 HAVE EXPERTISE IN INFECTIOUS DISEASES, AND, IN PARTICULAR, THE POTENTIAL
 SPREAD  OF  DISEASES  BETWEEN ANIMALS RAISED OR SLAUGHTERED FOR FOOD AND
 HUMANS. AT LEAST ONE SUCH REPRESENTATIVE SHALL BE FROM A  DULY  INCORPO-
 RATED  ANIMAL WELFARE ORGANIZATION, AND AT LEAST ONE SUCH REPRESENTATIVE
 SHALL BE A LICENSED VETERINARIAN WHO IS NOT  EMPLOYED  BY  A  GOVERNMENT
 AGENCY.
   (C)  NO  MEMBER,  OFFICER  OR  EMPLOYEE  OF  SUCH  TASK FORCE SHALL BE
 DISQUALIFIED FROM HOLDING ANY OTHER PUBLIC  OFFICE  OR  EMPLOYMENT,  NOR
 SHALL  HE  OR SHE FORFEIT ANY SUCH OFFICE OR EMPLOYMENT BY REASON OF HIS
 OR  HER  APPOINTMENT  PURSUANT  TO  THIS  SECTION,  NOTWITHSTANDING  THE
 PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE OR CITY CHAR-
 TER.
   (D)  THE  MEMBERS OF SUCH TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
 THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SECTION.
   (E) SUCH TASK FORCE SHALL MAKE A REPORT OF ITS FINDINGS TO THE  GOVER-
 NOR,  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE, AND THE SPEAKER OF THE
 ASSEMBLY WITHIN ONE YEAR OF THE DATE OF THE FIRST MEETING  OF  THE  TASK
 FORCE,  WHICH  SHALL TAKE PLACE WITHIN THIRTY DAYS OF THE APPOINTMENT OF
 THE TASK FORCE REPRESENTATIVES. SUCH REPORT  SHALL  INCLUDE  RECOMMENDA-
 TIONS FOR FURTHER ACTION AND LEGISLATION.
   3.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO APPLY TO ANY FACILI-
 TIES OTHER THAN LIVE POULTRY OR SMALL ANIMAL SLAUGHTERHOUSES PURSUANT TO
 THIS ARTICLE WHICH ARE OPEN TO THE PUBLIC.
   § 3. This act shall take effect immediately.

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Senate Bill S3182

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Sponsored By

Luis R. Sepúlveda