S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9249
 
                             I N  S E N A T E
 
                                May 7, 2024
                                ___________
 
 Introduced  by Sen. HINCHEY -- (at request of the Department of Agricul-
   ture and Markets) -- read twice and ordered printed, and when  printed
   to be committed to the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to domestic
   animal health permits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 90-a of the agriculture and markets law,  as  added
 by chapter 852 of the laws of 1960, is amended to read as follows:
   § 90-a. Declaration of policy and purposes.  Infectious and communica-
 ble disease affecting domestic animals continues to exist in this state,
 and the existence thereof endangers the health and welfare of the people
 of  the  state. Despite the moneys spent to control, suppress and eradi-
 cate such infection and disease its incidence  is  the  concern  of  the
 legislature.  The  powers  of quarantine and condemnation held and exer-
 cised by the department of agriculture and markets tend to suppress  but
 do  not  constitute  an  adequate control. It is hereby declared to be a
 matter of legislative determination that a more exacting supervision  of
 those who, as a business, WHETHER FOR PROFIT OR NOT-FOR-PROFIT, deal in,
 handle  [and],  transport,  AND RESCUE domestic animals is needed in the
 public interest and that in  the  exercise  of  the  police  power  such
 persons be required to hold a permit before engaging in such activities.
   §  2.  Section  90-b of the agriculture and markets law, as amended by
 chapter 91 of the laws of 1996, subdivisions 16, 17, 18 and 19 as  added
 by chapter 328 of the laws of 1998 and subdivisions 20, 21, 22 and 23 as
 added by chapter 271 of the laws of 2001, is amended to read as follows:
   § 90-b. Definitions. As used in this article unless otherwise express-
 ly stated:
   1.  [The  term  "wholesale cattle dealer" means any person who buys or
 sells cattle as a business enterprise. The  term  shall  not  include  a
 person  who  buys  or  sells  cattle as part of his or her own bona fide
 breeding, feeding or dairy operation,  nor  to  a  person  who  receives
 cattle exclusively for slaughter on his or her own premises.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14204-02-4
              

 S. 9249                             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.
 S. 9249                             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
 S. 9249                             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.