A. 10110 2
2.] The term "auctioneer" means a person who sells, or makes a busi-
ness of selling cattle, swine, SHEEP, GOATS, CAMELIDS or horses, at
auction.
[3.] 2. The term "auction" means a public sale of cattle, swine,
SHEEP, GOATS, CAMELIDS or horses [to the highest bidder].
[4. The term "horse" means the entire family of equidae.
5. The term "horse dealer" means any person who buys or sells horses
as a business enterprise. This term shall not include a person who buys
or sells horses as part of a bona fide breeding, farming or racing oper-
ation or for personal use by his or her own family nor to a person who
receives horses exclusively for slaughter on his or her own premises.
6. The term "swine dealer" means any person who buys or sells swine as
a business enterprise. The term shall not include a person who buys or
sells swine as part of a bona fide breeding, feeding or farming opera-
tion, nor to a person who receives swine exclusively for slaughter on
his or her own premises.
7. The term "swine" means the entire super family of suidoidae, both
feral and domestic.
8.] 3. The term "cattle" means the entire family of bovidae.
[9. The term "deer" means any member of the family of cervidae.
10. The term "deer dealer" means any person who buys and sells deer as
a business enterprise. The term shall not include a person who buys and
sells deer as part of a bona fide breeding, feeding or farming opera-
tion, nor to a person who receives deer exclusively for slaughter on his
or her own premises.
11.] 4. The term "camelid" means the entire family of camelidae.
[12.] 5. THE TERM "CERVID" MEANS ANY MEMBER OF THE FAMILY OF CERVIDAE.
6. The term "[camelid] dealer" means any person who buys and sells
CATTLE, HORSES, SWINE, CERVIDS, camelids, POULTRY, GOATS, OR SHEEP as a
business enterprise. The term shall not include [a person] PERSONS who
[buys] BUY and [sells camelids] SELL SUCH ANIMALS as part of a bona fide
breeding, feeding or farming operation, [nor to a person who receives
camelids] OR RECEIVE SUCH ANIMALS exclusively for slaughter on [his or
her] THEIR own premises, OR PURCHASE OR SELL HORSES EITHER AS PART OF A
BONA FIDE RIDING OR RACING OPERATION OR FOR THEIR OWN PERSONAL USE.
[13. The term "ear tag" means a unique, tamper-resistant device which,
when affixed to the ears of cattle, deer, swine or camelid, identifies
and distinguishes such animals.
14. The term "registration number" means the number assigned to and
that identifies a particular domestic animal, which number and the iden-
tifying characteristics of such domestic animal are set forth in a
registry maintained by a breed association recognized by the department.
15.] 7. THE TERM "GOAT" MEANS ANY MEMBER OF THE GENUS CAPRA.
8. THE TERM "HORSE" MEANS THE ENTIRE FAMILY OF EQUIDAE.
9. THE TERM "LIVE POULTRY MARKET" MEANS ANY PREMISES WHERE POULTRY ARE
ASSEMBLED AND HELD FOR SALE AND SLAUGHTER. IT DOES NOT INCLUDE LIVE-
STOCK AUCTION BUILDINGS.
10. The term "official backtag" means a unique [device], TAMPER-RESIS-
TANT DEVICE APPROVED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE,
which, when affixed to cattle, [deer,] CERVID, swine or camelid, identi-
fies and distinguishes [such] animals THAT SHALL BE MOVED DIRECTLY TO
SLAUGHTER.
[16.] 11. THE TERM "OFFICIAL EAR TAG" MEANS A UNIQUE, TAMPER-RESISTANT
DEVICE APPROVED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE, WHICH,
WHEN AFFIXED TO THE EARS OF CATTLE, CERVID, SWINE, SHEEP, GOAT, OR
CAMELID, IDENTIFIES AND DISTINGUISHES SUCH ANIMALS.
A. 10110 3
12. The term "poultry" means a domesticated fowl including chickens,
turkeys, waterfowl, guinea fowl and game birds commonly used for the
production of meat and eggs. It does not include pigeons.
[17. The term "poultry dealer" means any person who buys or sells
poultry as a business enterprise. The term shall not include a person
who buys or sells poultry as part of a bona fide breeding, feeding or
farming operation, or a person who receives poultry exclusively for
slaughter on his or her own premises.
18.] 13. The term "poultry transporter" OR "TRANSPORTER OF POULTRY"
means any person who transports poultry [as a business enterprise. The
term shall not include a person who transports poultry as part of a bona
fide breeding, feeding or farming operation, or a person who receives
poultry exclusively for slaughter on his or her own premises, provided,
however, that the term shall include any person who transports poultry
to a live poultry market] OR OTHERWISE MOVES POULTRY TO A LIVE MARKET.
[19. The term "live poultry market" means any premises where poultry
are assembled and held for sale and slaughter. It does not include live-
stock auction buildings.
20. The term "goat" means any member of the genus capra.
21. The term "goat dealer" means any person who buys or sells goats as
a business enterprise. The term shall not include a person who buys or
sells goats as part of a bona fide breeding, feeding or farming opera-
tion, or a person who receives goats exclusively for slaughter on his or
her own premises.
22.] 14. THE TERM "REGISTRATION NUMBER" MEANS THE NUMBER ASSIGNED TO
AND THAT IDENTIFIES A PARTICULAR DOMESTIC ANIMAL, WHERE SUCH NUMBER AND
THE IDENTIFYING CHARACTERISTICS OF SUCH DOMESTIC ANIMAL ARE SET FORTH IN
A REGISTRY MAINTAINED BY A BREED ASSOCIATION RECOGNIZED BY THE DEPART-
MENT.
15. THE TERM "RESCUE" MEANS THE ACTION BY A PERSON THAT ACCEPTS
CATTLE, SWINE, HORSES, SHEEP, GOATS, CERVIDS, OR CAMELIDS FROM ANY
SOURCE AND ATTEMPTS TO FIND PERMANENT HOMES THROUGH ADOPTION, TRANSFER,
SALE, LEASE, SPONSORSHIP, OR GIFT OF SUCH LIVESTOCK.
16. The term "sheep" means any member of the genus ovis.
[23. The term "sheep dealer" means any person who buys or sells sheep
as a business enterprise. The term shall not include a person who buys
or sells sheep as part of a bona fide breeding, feeding or farming oper-
ation, or a person who receives sheep exclusively for slaughter on his
or her own premises]
17. THE TERM "SWINE" MEANS THE ENTIRE SUPER FAMILY OF SUIDOIDAE.
§ 3. Section 90-c of the agriculture and markets law, as amended by
chapter 91 of the laws of 1996, subdivisions 1 and 2 as amended by chap-
ter 271 of the laws of 2001, is amended to read as follows:
§ 90-c. Prohibitions. 1. It shall be unlawful for any person to
purchase, [or] deal in, [or] sell, OR RESCUE cattle, swine, horses,
[deer] CERVIDS, camelids, sheep, goats or poultry [at wholesale, or for
any person]; to operate or conduct an auction where cattle, swine, hors-
es, [deer] CERVIDS, camelids, sheep, goats or poultry are sold[,]; or
[for any person] to transport poultry, unless such [wholesale cattle,
swine, horse, deer, camelids, sheep, goats or poultry] dealer [or],
auctioneer [or], poultry transporter, OR RESCUE holds a domestic animal
health permit granted by the commissioner.
2. No person who holds or is required to hold a domestic animal health
permit shall purchase, sell, RESCUE, or otherwise deal in cattle, [deer]
CERVIDS, swine, camelids, sheep or goats unless and until an ear tag is
securely affixed to the ear of such animal [or], unless such animal is
A. 10110 4
otherwise identified by a registration number, distinctive tattoo, elec-
tronic identification device or SOME other unique permanent mark or, for
an animal that is moved directly to slaughter, an official backtag.
3. No person shall deface, obliterate or remove an OFFICIAL ear tag or
other identification mark affixed to an animal under [his or her] THEIR
control, or shall affix an OFFICIAL ear tag to the ear of an animal that
has previously been affixed to the ear of another animal.
§ 4. Section 90-d of the agriculture and markets law, as amended by
chapter 104 of the laws of 1989, is amended to read as follows:
§ 90-d. Application and permit fees. Application for an animal health
permit shall be made to the commissioner. The application shall be on a
form prescribed by the commissioner and shall be accompanied by an
animal health permit fee of fifty dollars. The applicant shall satisfy
the commissioner of [his] THEIR character and responsibility and shall
set forth such information as the commissioner shall require regarding
the past record of infection or contagion among domestic animals dealt
in, or handled, or sold, OR RESCUED by [him] THE APPLICANT during the
past five years. A permit shall be issued for a two year period and a
renewal application shall be submitted to the commissioner on or before
the thirtieth day prior to the expiration of the permit.
§ 5. Section 90-e of the agriculture and markets law, as amended by
chapter 91 of the laws of 1996, subdivisions 1, 2, 3 and 4 as amended by
chapter 271 of the laws of 2001, is amended to read as follows:
§ 90-e. Refusing and revoking permits. The commissioner, after due
notice and opportunity of hearing to the applicant or permittee, may
deny an application for or revoke or refuse to renew a permit when [he
or she] THE COMMISSIONER is satisfied that the applicant or permittee
has:
1. violated the statutes of the state of New York or of the United
States or the official regulations of the commissioner governing the
interstate or intrastate movement, shipment or transportation of cattle
or horses, swine, camelids, [deer] CERVIDS, sheep, goats or poultry;
2. made false or misleading statements in [his or her] THEIR applica-
tion for an animal health permit or has made false or misleading state-
ments as to the health or physical condition of cattle, horses, swine,
camelids, [deer] CERVIDS, sheep, goats or poultry; regarding official
tests;
3. knowingly sold for purposes other than slaughter cattle, horses,
swine, camelids, [deer] CERVIDS, sheep, goats or poultry which were
affected with a communicable disease;
4. failed to observe sanitary measures in barning, stabling premises
or vehicles used for the stabling, holding or transportation of cattle,
horses, swine, camelids, [deer] CERVIDS, sheep, goats or poultry;
5. engaged in a course of dealing of such a nature as to satisfy the
commissioner of [his or her] THEIR inability or unwillingness properly
to conduct the business for which an animal health permit has been
issued;
6. been convicted of a felony;
7. had [his or her] THEIR animal health permit terminated or revoked;
8. ceased to operate the business for which the animal health permit
was issued; or
9. failed to comply with any of the provisions of this chapter or the
rules and regulations promulgated pursuant thereto.
§ 6. This act shall take effect immediately.