Bill Text: NY A10110 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that it shall be unlawful for any person to purchase, deal in, sell or rescue cattle, swine, horses, cervids, camelids, sheep, goats or poultry or to operate an auction where such animals are sold unless a valid domestic animal health permit is held.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-22 - ordered to third reading rules cal.123 [A10110 Detail]

Download: New_York-2023-A10110-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10110

                   IN ASSEMBLY

                                       May 6, 2024
                                       ___________

        Introduced by M. of A. LUPARDO -- (at request of the Department of Agri-
          culture  and  Markets)  --  read once and referred 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:

     1    Section  1.  Section 90-a of the agriculture and markets law, as added
     2  by chapter 852 of the laws of 1960, is amended to read as follows:
     3    § 90-a. Declaration of policy and purposes.  Infectious and communica-
     4  ble disease affecting domestic animals continues to exist in this state,
     5  and the existence thereof endangers the health and welfare of the people
     6  of the state. Despite the moneys spent to control, suppress  and  eradi-
     7  cate  such  infection  and  disease  its incidence is the concern of the
     8  legislature. The powers of quarantine and condemnation  held  and  exer-
     9  cised  by the department of agriculture and markets tend to suppress but
    10  do not constitute an adequate control. It is hereby  declared  to  be  a
    11  matter  of legislative determination that a more exacting supervision of
    12  those who, as a business, whether for profit or not-for-profit, deal in,
    13  handle [and], transport, and rescue domestic animals is  needed  in  the
    14  public  interest  and  that  in  the  exercise  of the police power such
    15  persons be required to hold a permit before engaging in such activities.
    16    § 2. Section 90-b of the agriculture and markets law,  as  amended  by
    17  chapter  91 of the laws of 1996, subdivisions 16, 17, 18 and 19 as added
    18  by chapter 328 of the laws of 1998 and subdivisions 20, 21, 22 and 23 as
    19  added by chapter 271 of the laws of 2001, is amended to read as follows:
    20    § 90-b. Definitions. As used in this article unless otherwise express-
    21  ly stated:
    22    1. [The term "wholesale cattle dealer" means any person  who  buys  or
    23  sells  cattle  as  a  business  enterprise. The term shall not include a
    24  person who buys or sells cattle as part of his  or  her  own  bona  fide
    25  breeding,  feeding  or  dairy  operation,  nor  to a person who receives
    26  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
        A. 10110                            2

     1    2.] The term "auctioneer" means a person who sells, or makes  a  busi-
     2  ness  of  selling  cattle,  swine,  sheep, goats, camelids or horses, at
     3  auction.
     4    [3.]  2.  The  term  "auction"  means  a public sale of cattle, swine,
     5  sheep, goats, camelids or horses [to the highest bidder].
     6    [4. The term "horse" means the entire family of equidae.
     7    5. The term "horse dealer" means any person who buys or  sells  horses
     8  as  a business enterprise. This term shall not include a person who buys
     9  or sells horses as part of a bona fide breeding, farming or racing oper-
    10  ation or for personal use by his or her own family nor to a  person  who
    11  receives horses exclusively for slaughter on his or her own premises.
    12    6. The term "swine dealer" means any person who buys or sells swine as
    13  a  business  enterprise. The term shall not include a person who buys or
    14  sells swine as part of a bona fide breeding, feeding or  farming  opera-
    15  tion,  nor  to  a person who receives swine exclusively for slaughter on
    16  his or her own premises.
    17    7. The term "swine" means the entire super family of  suidoidae,  both
    18  feral and domestic.
    19    8.] 3. The term "cattle" means the entire family of bovidae.
    20    [9. The term "deer" means any member of the family of cervidae.
    21    10. The term "deer dealer" means any person who buys and sells deer as
    22  a  business enterprise. The term shall not include a person who buys and
    23  sells deer as part of a bona fide breeding, feeding  or  farming  opera-
    24  tion, nor to a person who receives deer exclusively for slaughter on his
    25  or her own premises.
    26    11.] 4. The term "camelid" means the entire family of camelidae.
    27    [12.] 5. The term "cervid" means any member of the family of cervidae.
    28    6.  The  term  "[camelid]  dealer" means any person who buys and sells
    29  cattle, horses, swine, cervids, camelids, poultry, goats, or sheep as  a
    30  business  enterprise.  The term shall not include [a person] persons who
    31  [buys] buy and [sells camelids] sell such animals as part of a bona fide
    32  breeding, feeding or farming operation, [nor to a  person  who  receives
    33  camelids]  or  receive such animals exclusively for slaughter on [his or
    34  her] their own premises, or purchase or sell horses either as part of  a
    35  bona fide riding or racing operation or for their own personal use.
    36    [13. The term "ear tag" means a unique, tamper-resistant device which,
    37  when  affixed  to the ears of cattle, deer, swine or camelid, identifies
    38  and distinguishes such animals.
    39    14. The term "registration number" means the number  assigned  to  and
    40  that identifies a particular domestic animal, which number and the iden-
    41  tifying  characteristics  of  such  domestic  animal  are set forth in a
    42  registry maintained by a breed association recognized by the department.
    43    15.] 7. The term "goat" means any member of the genus capra.
    44    8. The term "horse" means the entire family of equidae.
    45    9. The term "live poultry market" means any premises where poultry are
    46  assembled and held for sale and slaughter.   It does not  include  live-
    47  stock auction buildings.
    48    10. The term "official backtag" means a unique [device], tamper-resis-
    49  tant  device  approved  by  the United States department of agriculture,
    50  which, when affixed to cattle, [deer,] cervid, swine or camelid, identi-
    51  fies and distinguishes [such] animals that shall be  moved  directly  to
    52  slaughter.
    53    [16.] 11. The term "official ear tag" means a unique, tamper-resistant
    54  device  approved  by the United States department of agriculture, which,
    55  when affixed to the ears of  cattle,  cervid,  swine,  sheep,  goat,  or
    56  camelid, identifies and distinguishes such animals.
        A. 10110                            3

     1    12.  The  term "poultry" means a domesticated fowl including chickens,
     2  turkeys, waterfowl, guinea fowl and game birds  commonly  used  for  the
     3  production of meat and eggs. It does not include pigeons.
     4    [17.  The  term  "poultry  dealer"  means any person who buys or sells
     5  poultry as a business enterprise. The term shall not  include  a  person
     6  who  buys  or  sells poultry as part of a bona fide breeding, feeding or
     7  farming operation, or a person  who  receives  poultry  exclusively  for
     8  slaughter on his or her own premises.
     9    18.]  13.  The  term "poultry transporter" or "transporter of poultry"
    10  means any person who transports poultry [as a business  enterprise.  The
    11  term shall not include a person who transports poultry as part of a bona
    12  fide  breeding,  feeding  or farming operation, or a person who receives
    13  poultry exclusively for slaughter on his or her own premises,  provided,
    14  however,  that  the term shall include any person who transports poultry
    15  to a live poultry market] or otherwise moves poultry to a live market.
    16    [19. The term "live poultry market" means any premises  where  poultry
    17  are assembled and held for sale and slaughter. It does not include live-
    18  stock auction buildings.
    19    20. The term "goat" means any member of the genus capra.
    20    21. The term "goat dealer" means any person who buys or sells goats as
    21  a  business  enterprise. The term shall not include a person who buys or
    22  sells goats as part of a bona fide breeding, feeding or  farming  opera-
    23  tion, or a person who receives goats exclusively for slaughter on his or
    24  her own premises.
    25    22.]  14.  The term "registration number" means the number assigned to
    26  and that identifies a particular domestic animal, where such number  and
    27  the identifying characteristics of such domestic animal are set forth in
    28  a  registry  maintained by a breed association recognized by the depart-
    29  ment.
    30    15. The term "rescue" means  the  action  by  a  person  that  accepts
    31  cattle,  swine,  horses,  sheep,  goats,  cervids,  or camelids from any
    32  source and attempts to find permanent homes through adoption,  transfer,
    33  sale, lease, sponsorship, or gift of such livestock.
    34    16. The term "sheep" means any member of the genus ovis.
    35    [23.  The term "sheep dealer" means any person who buys or sells sheep
    36  as a business enterprise. The term shall not include a person  who  buys
    37  or sells sheep as part of a bona fide breeding, feeding or farming oper-
    38  ation,  or  a person who receives sheep exclusively for slaughter on his
    39  or her own premises]
    40    17. The term "swine" means the entire super family of suidoidae.
    41    § 3. Section 90-c of the agriculture and markets law,  as  amended  by
    42  chapter 91 of the laws of 1996, subdivisions 1 and 2 as amended by chap-
    43  ter 271 of the laws of 2001, is amended to read as follows:
    44    § 90-c. Prohibitions.    1.  It  shall  be  unlawful for any person to
    45  purchase, [or] deal in, [or] sell,  or  rescue  cattle,  swine,  horses,
    46  [deer]  cervids, camelids, sheep, goats or poultry [at wholesale, or for
    47  any person]; to operate or conduct an auction where cattle, swine, hors-
    48  es, [deer] cervids, camelids, sheep, goats or poultry  are  sold[,];  or
    49  [for  any  person]  to transport poultry, unless such [wholesale cattle,
    50  swine, horse, deer, camelids, sheep,  goats  or  poultry]  dealer  [or],
    51  auctioneer  [or], poultry transporter, or rescue holds a domestic animal
    52  health permit granted by the commissioner.
    53    2. No person who holds or is required to hold a domestic animal health
    54  permit shall purchase, sell, rescue, or otherwise deal in cattle, [deer]
    55  cervids, swine, camelids, sheep or goats unless and until an ear tag  is
    56  securely  affixed  to the ear of such animal [or], unless such animal is
        A. 10110                            4

     1  otherwise identified by a registration number, distinctive tattoo, elec-
     2  tronic identification device or some other unique permanent mark or, for
     3  an animal that is moved directly to slaughter, an official backtag.
     4    3. No person shall deface, obliterate or remove an official ear tag or
     5  other  identification mark affixed to an animal under [his or her] their
     6  control, or shall affix an official ear tag to the ear of an animal that
     7  has previously been affixed to the ear of another animal.
     8    § 4. Section 90-d of the agriculture and markets law,  as  amended  by
     9  chapter 104 of the laws of 1989, is amended to read as follows:
    10    § 90-d. Application and permit fees.  Application for an animal health
    11  permit  shall be made to the commissioner. The application shall be on a
    12  form prescribed by the commissioner  and  shall  be  accompanied  by  an
    13  animal  health  permit fee of fifty dollars. The applicant shall satisfy
    14  the commissioner of [his] their character and responsibility  and  shall
    15  set  forth  such information as the commissioner shall require regarding
    16  the past record of infection or contagion among domestic  animals  dealt
    17  in,  or  handled,  or sold, or rescued by [him] the applicant during the
    18  past five years. A permit shall be issued for a two year  period  and  a
    19  renewal  application shall be submitted to the commissioner on or before
    20  the thirtieth day prior to the expiration of the permit.
    21    § 5. Section 90-e of the agriculture and markets law,  as  amended  by
    22  chapter 91 of the laws of 1996, subdivisions 1, 2, 3 and 4 as amended by
    23  chapter 271 of the laws of 2001, is amended to read as follows:
    24    § 90-e. Refusing  and  revoking  permits.  The commissioner, after due
    25  notice and opportunity of hearing to the  applicant  or  permittee,  may
    26  deny  an  application for or revoke or refuse to renew a permit when [he
    27  or she] the commissioner is satisfied that the  applicant  or  permittee
    28  has:
    29    1.  violated  the  statutes  of the state of New York or of the United
    30  States or the official regulations of  the  commissioner  governing  the
    31  interstate  or intrastate movement, shipment or transportation of cattle
    32  or horses, swine, camelids, [deer] cervids, sheep, goats or poultry;
    33    2. made false or misleading statements in [his or her] their  applica-
    34  tion  for an animal health permit or has made false or misleading state-
    35  ments as to the health or physical condition of cattle,  horses,  swine,
    36  camelids,  [deer]  cervids,  sheep, goats or poultry; regarding official
    37  tests;
    38    3. knowingly sold for purposes other than  slaughter  cattle,  horses,
    39  swine,  camelids,  [deer]  cervids,  sheep,  goats or poultry which were
    40  affected with a communicable disease;
    41    4. failed to observe sanitary measures in barning,  stabling  premises
    42  or  vehicles used for the stabling, holding or transportation of cattle,
    43  horses, swine, camelids, [deer] cervids, sheep, goats or poultry;
    44    5. engaged in a course of dealing of such a nature as to  satisfy  the
    45  commissioner  of  [his or her] their inability or unwillingness properly
    46  to conduct the business for which  an  animal  health  permit  has  been
    47  issued;
    48    6. been convicted of a felony;
    49    7. had [his or her] their animal health permit terminated or revoked;
    50    8.  ceased  to operate the business for which the animal health permit
    51  was issued; or
    52    9. failed to comply with any of the provisions of this chapter or  the
    53  rules and regulations promulgated pursuant thereto.
    54    § 6. This act shall take effect immediately.