Bill Text: NY A05619 | 2011-2012 | General Assembly | Introduced
Bill Title: Directs the commissioner of agriculture and markets to assign inspectors to perform ongoing oversight of slaughterhouses, rendering plants, and commercial feed plants; they shall enforce all applicable federal, state, and local laws and regulations pertaining to sanitation and health.
Spectrum: Strong Partisan Bill (Democrat 18-1)
Status: (Introduced - Dead) 2012-01-04 - referred to agriculture [A05619 Detail]
Download: New_York-2011-A05619-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5619 2011-2012 Regular Sessions I N A S S E M B L Y February 24, 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 provid- ing for the ongoing inspection of slaughterhouses, rendering plants, and commercial feed plants and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Article 5-A of the agriculture and markets law is amended 2 by adding a new section 96-f-1 to read as follows: 3 S 96-F-1. INSPECTION OF SLAUGHTERHOUSES. THE COMMISSIONER SHALL 4 ASSIGN QUALIFIED PERSONNEL TO INSPECT CONTINUOUSLY, AT ALL TIMES DURING 5 ITS OPERATION, EVERY PLACE OR ESTABLISHMENT WHERE ANIMALS OR FOWLS ARE 6 SLAUGHTERED OR BUTCHERED FOR FOOD, WHETHER SUCH PLACE OR ESTABLISHMENT 7 IS GRANTED INSPECTION PURSUANT TO THE FEDERAL MEAT INSPECTION ACT, THE 8 FEDERAL POULTRY PRODUCTS INSPECTION ACT, ARTICLE FIVE-B OR ARTICLE 9 FIVE-D OF THIS CHAPTER, OR SUBJECT TO LICENSURE UNDER THIS ARTICLE. SUCH 10 PERSONNEL SHALL ENFORCE ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS 11 AND REGULATIONS PERTAINING TO SANITATION AND HEALTH. IN ADDITION, THE 12 COMMISSIONER MAY, IN HIS OR HER DISCRETION, NOTWITHSTANDING THE 13 PROVISIONS OF SECTION NINETY-SIX-C OF THIS ARTICLE, ASSIGN INSPECTORS TO 14 PLACES OR ESTABLISHMENTS OTHERWISE EXEMPT FROM THE APPLICABILITY OF THIS 15 ARTICLE PURSUANT TO SECTION NINETY-SIX-C OF THIS ARTICLE. 16 S 2. Section 96-z-8 of the agriculture and markets law, as added by 17 chapter 391 of the laws of 1968, is amended to read as follows: 18 S 96-z-8. Access to premises; records. 1. The commissioner may 19 inspect as often as he OR SHE deems necessary, each disposal plant or 20 vehicle licensed under the provisions of this article. For the purpose 21 of making such inspection, the commissioner and his OR HER authorized 22 agents shall have free access to all disposal plants licensed hereunder 23 and to all premises where vehicles used in a transportation service are EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08492-01-1 A. 5619 2 1 located. Licensees shall maintain such records as the commissioner may 2 require pertaining to the origin, movement, storage, distribution or 3 other disposition of inedible meat and such records shall be open to 4 inspection by the commissioner or his OR HER authorized agents at any 5 time during normal working hours. 6 2. IN ADDITION TO THE INSPECTIONS AUTHORIZED BY SUBDIVISION ONE OF 7 THIS SECTION, THE COMMISSIONER SHALL ASSIGN QUALIFIED PERSONNEL TO 8 INSPECT CONTINUOUSLY, AT ALL TIMES DURING ITS OPERATION, ANY PLANT IN 9 WHICH THERE TAKES PLACE THE RENDERING OR PROCESSING OF ANY MEAT OR MEAT 10 PRODUCTS THAT MAY BE USED FOR HUMAN OR ANIMAL CONSUMPTION OR MAY BE USED 11 AS, OR AS A COMPONENT OF, ANY COMMERCIAL FEED, AS DEFINED IN SECTION ONE 12 HUNDRED TWENTY-EIGHT OF THIS CHAPTER. SUCH PERSONNEL SHALL ENFORCE ALL 13 APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS PERTAINING TO 14 SANITATION AND HEALTH. 15 S 3. Section 135-a of the agriculture and markets law, as added by 16 chapter 816 of the laws of 1974, is amended to read as follows: 17 S 135-a. Inspection, sampling and analysis: ASSIGNED INSPECTORS. 1. 18 For the purpose of enforcing this article, and in order to determine 19 whether its provisions have been complied with, including whether or not 20 any operations may be subject to such provisions, officers or employees 21 of the department, upon presenting appropriate credentials and, if 22 feasible, a written notice to the owner, operator, or other person in 23 charge, are authorized (a) to enter, at all reasonable times, any facto- 24 ry, warehouse, or establishment within the state in which commercial 25 feed or feed ingredients may be manufactured, processed, packed, or held 26 for distribution, or to enter any vehicle which may be used to transport 27 or hold such feed or ingredients; and (b) to inspect, at all reasonable 28 times, such factory, warehouse, establishment or vehicle and all perti- 29 nent equipment, finished and unfinished materials, containers, and 30 labeling therein, and to obtain samples thereat. 31 1-A. IN ADDITION TO THE FOREGOING INSPECTIONS AUTHORIZED BY SUBDIVI- 32 SION ONE OF THIS SECTION, THE COMMISSIONER SHALL ASSIGN QUALIFIED 33 PERSONNEL TO INSPECT CONTINUOUSLY, AT ALL TIMES DURING ITS OPERATION, 34 ANY PLANT, FACTORY, WAREHOUSE, OR ESTABLISHMENT WITHIN THE STATE IN 35 WHICH COMMERCIAL FEED OR FEED INGREDIENTS MAY BE MANUFACTURED, PROC- 36 ESSED, PACKED, OR HELD FOR DISTRIBUTION. SUCH PERSONNEL SHALL ENFORCE 37 ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS PERTAINING 38 TO SANITATION AND HEALTH. 39 2. If the officer or employee making such inspection of a factory, 40 warehouse, establishment or vehicle has obtained a sample in the course 41 of the inspection, if feasible, upon completion of the inspection and 42 prior to leaving the premises, he OR SHE shall give to the owner, opera- 43 tor or other person in charge a receipt describing the sample obtained. 44 3. Sampling and analysis shall be conducted in accordance with methods 45 published by the Association of Official Analytical Chemists, or in 46 accordance with other generally recognized methods as approved by the 47 commissioner. 48 4. The results of all analyses of official samples shall be forwarded 49 by the commissioner to the person in whose name the brand of such feed 50 is registered under section one hundred twenty-nine of this article, or 51 if there be no such registrant for the same, then to the person named on 52 the label or invoice, delivery slip or other document for such feed, or 53 if the commissioner deems it appropriate, to the person from whom the 54 sample was obtained. When the analysis of an official sample indicates 55 a commercial feed has been adulterated or misbranded, upon request by 56 the person receiving such results within fifteen days following the A. 5619 3 1 receipt thereof, the commissioner or his OR HER authorized agent shall 2 furnish such person a portion of the sample concerned. 3 S 4. This act shall take effect on the one hundred twentieth day after 4 it shall have become a law; provided that the commissioner of agricul- 5 ture and markets is authorized to, on or before such date, promulgate 6 any and all rules and regulations and take any other measures necessary 7 to implement this act on its effective date; and provided that this act 8 shall expire ten years after such effective date when upon such date the 9 provisions of this act shall be deemed repealed and the provisions of 10 law amended by this act shall revert to their text as it existed imme- 11 diately prior to the effective date of this act.