Bill Text: NY A04489 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes the commissioner to cause appropriate testing by veterinarians for ascertaining the presence or absence of bovine spongiform encephalopathy, commonly known as mad cow disease; provides for the immediate disposal of such animals as the commissioner may prescribe; further entitles the owner of such animal to indemnity if slaughtered.
Sponsorship: Moderate Partisan Bill (Democrat 8-2)
Status: (Introduced - Dead) 2012-01-04 - referred to agriculture [A04489 Detail]
Download: New_York-2011-A04489-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4489
2011-2012 Regular Sessions
I N A S S E M B L Y
February 3, 2011
___________
Introduced by M. of A. MARKEY -- read once and referred to the Committee
on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the
examination of cattle for bovine spongiform encephalopathy or mad cow
disease
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 89-a to read as follows:
3 S 89-A. EXAMINATION OF CATTLE FOR BOVINE SPONGIFORM ENCEPHALOPATHY
4 DISEASE. 1. THE COMMISSIONER, WITHIN THE AMOUNTS APPROPRIATED FOR SUCH
5 PURPOSE, MAY CAUSE AN APPROPRIATE TEST FOR ASCERTAINING THE PRESENCE OR
6 ABSENCE OF BOVINE SPONGIFORM ENCEPHALOPATHY, COMMONLY KNOWN AS AND HERE-
7 AFTER TERMED "MAD COW DISEASE," TO BE MADE BY COMPETENT AND AUTHORIZED
8 VETERINARIANS. IF, FROM SUCH EXAMINATION OR TEST, ANY ANIMAL BE DEEMED
9 BY THE COMMISSIONER TO BE INFECTED WITH MAD COW DISEASE SUCH ANIMAL
10 SHALL BE DISPOSED OF AS THE COMMISSIONER MAY PRESCRIBE.
11 2. NO ANIMAL SHOWING EVIDENCE OF MAD COW DISEASE AS A RESULT OF THE
12 OFFICIAL TEST SHALL BE SOLD. NO SUCH ANIMAL SHALL BE REMOVED FROM THE
13 PREMISES WHERE EXAMINED, OR FROM ANY OTHER PREMISES, EXCEPT UPON THE
14 WRITTEN PERMISSION OF THE COMMISSIONER. NO SUCH ANIMAL SHALL BE SLAUGH-
15 TERED EXCEPT UNDER THE SUPERVISION OF A VETERINARIAN DESIGNATED BY THE
16 COMMISSIONER AS PROVIDED IN SECTION EIGHTY-SIX OF THIS ARTICLE.
17 3. IN THE CASE OF A BOVINE ANIMAL KILLED ON ACCOUNT OF POSITIVE
18 REACTION TO MAD COW DISEASE, THE OWNER SHALL, IN THE DISCRETION OF THE
19 COMMISSIONER, AND WITHIN THE AMOUNT APPROPRIATED FOR SUCH PURPOSE, BE
20 ENTITLED TO RECEIVE INDEMNITY IN A SUM EQUAL TO SEVENTY-FIVE PERCENT OF
21 THE DIFFERENCE BETWEEN THE FULL APPRAISED VALUE OF THE ANIMAL AND THE
22 TOTAL OF THE AMOUNTS RECEIVED BY THE OWNER FROM THE FEDERAL GOVERNMENT
23 AS INDEMNITY AND FROM THE SALE OF THE ANIMAL AS SALVAGE, BUT NOT EXCEED-
24 ING THE SUM OF ONE THOUSAND FIVE HUNDRED DOLLARS FOR A REGISTERED PURE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08488-01-1
A. 4489 2
1 BRED ANIMAL AND NOT EXCEEDING THE SUM OF FIVE HUNDRED DOLLARS FOR ANY
2 OTHER BOVINE ANIMAL.
3 THE COMMISSIONER MAY, IN HIS OR HER DISCRETION AT THE REQUEST OF THE
4 OWNER, ORDER THE SLAUGHTER OF NON-REACTOR ANIMALS IF SUCH COMMISSIONER
5 FINDS THAT THEY HAVE BEEN EXPOSED TO MAD COW DISEASE AS A MEMBER OF AN
6 INFECTED HERD AND THAT THE ENTIRE HERD SHOULD BE DEPOPULATED TO CONTROL
7 THE SPREAD OF THE DISEASE. IN SUCH CASE, THE OWNER SHALL BE ENTITLED TO
8 RECEIVE, WITHIN THE AMOUNT APPROPRIATED FOR SUCH PURPOSE, INDEMNITY IN
9 AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE FULL APPRAISED VALUE OF
10 THE ANIMAL AND THE TOTAL OF THE AMOUNTS RECEIVED BY THE OWNER FROM THE
11 FEDERAL GOVERNMENT AS INDEMNITY AND FROM THE SALE OF THE ANIMAL AS
12 SALVAGE, BUT NOT EXCEEDING THE SUM OF THREE HUNDRED DOLLARS FOR A REGIS-
13 TERED PURE BRED ANIMAL OR ONE HUNDRED SEVENTY-FIVE DOLLARS FOR ANY OTHER
14 BOVINE ANIMAL.
15 THE COMMISSIONER MAY, IN HIS OR HER DISCRETION, ORDER THE SLAUGHTER OF
16 ANY ANIMAL, OR OF ALL OR PART OF ANY HERD, WHICH SUCH COMMISSIONER FINDS
17 HAS BEEN EXPOSED TO MAD COW DISEASE BY ASSOCIATION WITH A POSITIVE REAC-
18 TOR OR BY ANY OTHER MANNER OF EXPOSURE WHICH SUCH COMMISSIONER FINDS MAY
19 MAKE THE ANIMAL OR HERD LIABLE TO CONTRACT OR COMMUNICATE THE DISEASE.
20 IN SUCH CASE, THE OWNER SHALL BE ENTITLED TO RECEIVE, WITHIN THE AMOUNT
21 APPROPRIATED FOR SUCH PURPOSE, INDEMNITY FOR EACH REACTOR ANIMAL AND FOR
22 EACH NON-REACTOR ANIMAL AS SET FORTH IN THIS SUBDIVISION UNLESS THE
23 COMMISSIONER FINDS THAT SUCH OWNER HAS FAILED TO COMPLY WITH ANY LAWS,
24 RULES OR REGULATIONS.
25 FINAL PAYMENT OF STATE MONEYS DUE THE OWNER OF ANIMALS SLAUGHTERED AS
26 SET FORTH IN THIS SUBDIVISION SHALL BE MADE WITHIN SIXTY CALENDAR DAYS
27 AFTER THE ORDER IS SIGNED BY THE COMMISSIONER. IN THE EVENT PAYMENT IS
28 NOT MADE WITHIN SUCH PERIOD, INTEREST THEREAFTER AT THE RATE OF EIGHT
29 PER CENTUM PER ANNUM ON THE AMOUNT OF THE SAID MONEYS OWED SHALL BE PAID
30 TO THE OWNER IN A SINGLE LUMP SUM CALCULATED FROM THE END OF THE SIXTY
31 DAY PERIOD UNTIL THE FINAL PAYMENT IS MADE.
32 FOR PURPOSES OF THIS SECTION, THE TERM "REGISTERED PURE BRED ANIMAL"
33 SHALL INCLUDE A PURE BRED ANIMAL LESS THAN THREE YEARS OF AGE, NOT
34 REGISTERED BUT ELIGIBLE FOR REGISTRY, FOR WHICH APPLICATION FOR REGISTRY
35 HAS BEEN DULY MADE PRIOR TO THE APPRAISAL. PURE BRED ANIMALS THREE YEARS
36 OF AGE OR OVER, NOT REGISTERED AT THE TIME OF APPRAISAL, SHALL BE
37 APPRAISED AT GRADE VALUE.
38 4. NO INDEMNITY SHALL BE PAID UNLESS THE ANIMAL SHALL, AT THE TIME
39 ORDERED DESTROYED, HAVE BEEN WITHIN THE STATE FOR AT LEAST THREE MONTHS.
40 S 2. This act shall take effect on the one hundred twentieth day after
41 it shall have become a law; provided, however, that effective immediate-
42 ly, the addition, amendment and/or repeal of any rule or regulation
43 necessary for the implementation of this act on its effective date are
44 authorized and directed to be made and completed on or before such date.
