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
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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.
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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
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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.