Bill Text: NY S06047 | 2021-2022 | General Assembly | Introduced
Bill Title: Prohibits certain wildlife and fish from being imported into the state in order to protect public health and safety, native wildlife and fish, and the agricultural interests of the state; relates to the operation of live animal markets.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ENVIRONMENTAL CONSERVATION [S06047 Detail]
Download: New_York-2021-S06047-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6047 2021-2022 Regular Sessions IN SENATE March 31, 2021 ___________ Introduced by Sen. RYAN -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to prohibiting certain wildlife and fish from being imported into the state; and to amend the agriculture and markets law, in relation to live animal markets The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The environmental conservation law is amended by adding a 2 new section 11-1710 to read as follows: 3 § 11-1710. Prohibited import of wildlife and fish. 4 1. (a) The department shall promulgate a list by rule or regulation, 5 no later than December thirty-first, two thousand twenty-two, of wild- 6 life and fish that shall not be imported or transported into this state. 7 The list established pursuant to this subdivision shall include all bat, 8 rodent and primate species, unless and until a finding is made pursuant 9 to paragraph (c) of this subdivision that the importation restriction on 10 a species is not necessary. 11 (b) The department shall add a wildlife animal or fish to the list 12 created pursuant to paragraph (a) of this subdivision if it determines 13 that prohibiting the importation or transportation of such wildlife or 14 fish into the state is necessary to protect public health and safety, 15 native wildlife or fish, or agricultural interests of the state. 16 (c) The department shall remove a wildlife animal or fish from the 17 list created pursuant to paragraph (a) of this subdivision if it deter- 18 mines that prohibiting the importation or transportation of such wild- 19 life or fish into the state is not necessary to protect public health 20 and safety, native wildlife or fish, or agricultural interests of the 21 state. 22 (d) The department shall publish the list created pursuant to para- 23 graph (a) of this subdivision on its website. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01202-01-1S. 6047 2 1 2. (a) The department shall immediately suspend any existing license 2 or authorization, and shall not issue any new license or authorization, 3 for the import of a species of wildlife or fish into the state if any 4 state agency makes a written finding that scientific evidence suggests 5 that zoonotic transmission from such species, or a closely related 6 species within the same family, could be responsible for a novel, or not 7 previously reported, readily transmissible human disease. 8 (b) The department shall take any additional measures pursuant to its 9 authority under this chapter related to wildlife and fish it shall deem 10 necessary to protect the public health from the transmission of a 11 zoonotic disease that has the potential to cause a human disease 12 outbreak or epidemic. 13 (c) The department shall not authorize the importation of any individ- 14 ual wildlife or fish species that could be responsible for zoonotic 15 transmission of a readily transmissible human disease until a protocol 16 for robust testing, effective treatment, or quarantine, as appropriate 17 and subject to paragraph (d) of this subdivision, is implemented to 18 ensure that all individual animal species subject to a license or 19 authorization are not carriers. 20 (d) In implementing this section, the department shall consult with 21 the department of health and the department of agriculture and markets, 22 and any other experts the department shall deem necessary, to ensure 23 that such implementation is informed by the best available science. 24 3. (a) Any university, college, governmental research agency, or other 25 bona fide scientific institution located in this state may submit a 26 written application to the department for exemption from any prohibited 27 import or transport of wildlife or fish under this section or from any 28 rule or regulation promulgated pursuant to this section. The department 29 shall review such applications and may grant such exemptions in its 30 discretion on a case-by-case basis. For any wildlife or fish that could 31 be responsible for zoonotic transmission of a readily transmissible 32 human disease, as determined pursuant to subdivision two of this 33 section, the department shall require the applicant to demonstrate 34 biosafety equipment and protocols necessary to safely handle such wild- 35 life or fish. 36 (b) Any zoo or other facility located in this state may submit a writ- 37 ten application to the department for exemption from any prohibited 38 import or transport of wildlife or fish under this section or from any 39 rule or regulation promulgated pursuant to this section. The department 40 shall review such applications and may grant such exemptions in its 41 discretion on a case-by-case basis. For any wildlife or fish that could 42 be responsible for zoonotic transmission of a readily transmissible 43 human disease, as determined pursuant to subdivision two of this 44 section, the department shall require the applicant to demonstrate 45 biosafety equipment and protocols necessary to safely handle such wild- 46 life or fish. 47 (c) The department shall create and make available on its website 48 application forms to be used for submission by applicants consistent 49 with paragraphs (a) and (b) of this subdivision. 50 (d) The department shall be permitted to require any further informa- 51 tion to be submitted by applicants under this subdivision that it shall 52 deem necessary to fulfill the purposes of this section. The department 53 shall be permitted to conduct any inspections as part of the application 54 process that it shall deem necessary to fulfill the purposes of this 55 section.S. 6047 3 1 (e) The department shall be permitted to establish fees for the 2 acceptance and processing of applications pursuant to this subdivision. 3 § 2. The agriculture and markets law is amended by adding a new arti- 4 cle 22-A to read as follows: 5 ARTICLE 22-A 6 LIVE ANIMAL MARKETS 7 Section 270. Definitions. 8 271. Regulations. 9 272. Operation of live animal markets. 10 § 270. Definitions. For the purposes of this section, the following 11 terms shall have the following meanings: 12 1. "Animal" means any living creature except a human being; 13 2. "Live animal market" means a retail food market where, in the regu- 14 lar course of business, animals are stored alive and sold to consumers 15 for the purpose of human consumption. 16 3. "Taxon" means a taxonomic group, such as a species, family, or 17 class. 18 § 271. Regulations. 1. The department shall promulgate regulations 19 governing the storing and sale of animals for live animal markets. 20 2. Regulations promulgated pursuant to subdivision one of this section 21 shall identify a list of prohibited animals known or likely to be an 22 invasive species or of a taxon known or likely to be responsible for 23 zoonotic transmission of disease. 24 § 272. Operation of live animal markets. 1. Every person or business 25 that operates a live animal market shall ensure that: 26 (a) no animal shall be dismembered, flayed, cut open, or have its 27 skin, scales, feathers, or shell removed while such animal is still 28 alive; 29 (b) no live animal shall be confined, held, or displayed in a manner 30 that results, or is likely to result, in injury, starvation, dehy- 31 dration, or suffocation of such animal; 32 (c) no animal at such live animal market is an invasive species or of 33 a taxon known or likely to be responsible for zoonotic transmission of a 34 disease, as determined by the department of environmental conservation 35 pursuant to section 11-1710 of the environmental conservation law; 36 (d) wildlife species shall not be caged, handled, or transported with 37 livestock or domestic animals, and shall not be sold in spaces near 38 livestock or domestic animals; 39 (e) wildlife species showing signs of illness shall not be permitted 40 to be sold in live animal markets; and 41 (f) no bat, rodent or primate species shall be sold in live animal 42 markets. 43 2. Any person who violates a provision of this section: 44 (a) for a first violation, shall be issued a written warning in a 45 language that is understood by the person receiving such warning; and 46 (b) for any subsequent violation, such person shall be guilty of a 47 class A misdemeanor, punishable by a fine of at least two hundred fifty 48 dollars, but not exceeding one thousand dollars. 49 § 3. This act shall take effect on the ninetieth day after it shall 50 have become a law. Effective immediately, the addition, amendment 51 and/or repeal of any rule or regulation necessary for the implementation 52 of this act on its effective date are authorized to be made and 53 completed on or before such effective date.
