Bill Text: NY A08425 | 2015-2016 | General Assembly | Introduced
Bill Title: Provides for quarantines and declaration of state of emergency in certain instances of disease affecting domestic animals; provides for the establishment of an animal disease control fund.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2016-01-06 - referred to agriculture [A08425 Detail]
Download: New_York-2015-A08425-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8425
2015-2016 Regular Sessions
I N A S S E M B L Y
October 9, 2015
___________
Introduced by M. of A. ORTIZ, NOLAN, PERRY -- read once and referred to
the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to animal
diseases, quarantines and garbage restrictions; to amend the executive
law, in relation to state of disaster emergency; and to amend the
state finance law, in relation to creating the animal disease control
fund
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 72-b to read as follows:
3 S 72-B. REGISTRATION AS GARBAGE FEEDING OPERATOR; FEES; CERTIFICATE
4 OF REGISTRATION, EXPIRATION AND REVOCATION; DISPOSITION OF MONEYS. 1.
5 EXCEPT AS OTHERWISE PROVIDED IN LAW, ANY PERSON, FIRM, PARTNERSHIP OR
6 CORPORATION SHALL BE ALLOWED TO REGISTER AS A GARBAGE FEEDING OPERATOR.
7 2. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP OR CORPO-
8 RATION TO FEED COOKED GARBAGE TO ANIMALS, OTHER THAN DOGS, AS PERMITTED
9 IN THIS CHAPTER, UNLESS THE OPERATOR OF SUCH GARBAGE FEEDING ESTABLISH-
10 MENT SHALL HAVE FIRST REGISTERED AS A GARBAGE FEEDING OPERATOR WITH THE
11 COMMISSIONER AND SHALL HAVE PAID THE ANNUAL REGISTRATION FEE UNDER THIS
12 SECTION FOR EACH PLACE WHERE GARBAGE IS TO BE FED.
13 3. THE COMMISSIONER MAY ACCEPT APPLICATIONS FOR REGISTRATION ON A FORM
14 TO BE SUPPLIED BY THE COMMISSIONER'S OFFICE. UPON THE ACCEPTANCE OF SUCH
15 APPLICATION FOR REGISTRATION AND THE RECEIPT OF THE ANNUAL REGISTRATION
16 FEE UNDER THIS SECTION FOR EACH PLACE WHERE GARBAGE IS TO BE FED, THE
17 COMMISSIONER SHALL ISSUE TO SUCH APPLICANT AND OPERATOR A CERTIFICATE OF
18 REGISTRATION FOR THE CURRENT OPERATION PERIOD. SUCH CERTIFICATE SHALL
19 EXPIRE ON JUNE THIRTIETH EACH YEAR FOLLOWING THE DATE OF ISSUANCE OF THE
20 CERTIFICATE OF REGISTRATION. THE APPLICATION FOR REGISTRATION MAY BE
21 REJECTED AND DENIED IF THE APPLICANT DOES NOT SUPPLY ALL THE INFORMATION
22 DEEMED ESSENTIAL BY THE COMMISSIONER AND IF THE APPLICANT'S GARBAGE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04668-01-5
A. 8425 2
1 FEEDING ESTABLISHMENT DOES NOT MEET THE REQUIREMENTS OF THIS CHAPTER,
2 AND THE RULES AND REGULATIONS ADOPTED THEREUNDER.
3 4. THE COMMISSIONER SHALL FIX THE ANNUAL REGISTRATION FEE IN SUCH
4 AMOUNT AS THE COMMISSIONER DEEMS DESIRABLE IN INTERESTS OF PUBLIC
5 SERVICE, BUT NOT IN AN AMOUNT OF MORE THAN FIFTEEN DOLLARS PER REGISTRA-
6 TION FOR EACH GARBAGE FEEDING ESTABLISHMENT.
7 5. THE CERTIFICATE OF REGISTRATION FOR GARBAGE FEEDING OPERATORS MAY
8 BE REVOKED BY THE COMMISSIONER WHENEVER THE OPERATOR OF A GARBAGE FEED-
9 ING ESTABLISHMENT IS FOUND TO BE OPERATING IN VIOLATION OF LAW, OR RULES
10 AND REGULATIONS ADOPTED THEREUNDER, OR IN AN UNSANITARY MANNER. ANY SUCH
11 OPERATOR SHALL FIRST BE GIVEN NOTICE OF HEARING AND AN OPPORTUNITY TO
12 APPEAR AND BE HEARD IN DEFENSE OF ANY PROCEEDING FOR THE REVOCATION OF
13 ANY CERTIFICATE OF REGISTRATION IN ACCORDANCE WITH THE PROVISIONS OF THE
14 STATE ADMINISTRATIVE PROCEDURE ACT.
15 6. THE COMMISSIONER SHALL REMIT ALL MONEYS RECEIVED BY OR FOR THE
16 COMMISSIONER UNDER THIS ARTICLE TO THE COMPTROLLER AT LEAST MONTHLY.
17 UPON RECEIPT OF ANY SUCH REMITTANCE, THE COMPTROLLER SHALL DEPOSIT THE
18 ENTIRE AMOUNT THEREOF IN THE STATE TREASURY AND THE SAME SHALL BE CRED-
19 ITED TO THE ANIMAL DISEASE CONTROL FUND ESTABLISHED PURSUANT TO SECTION
20 NINETY-NINE-Y OF THE STATE FINANCE LAW.
21 S 2. Section 76 of the agriculture and markets law, is amended by
22 adding five new subdivisions 1-a, 1-b, 1-c, 1-d and 1-e to read as
23 follows:
24 1-A. WHEN THE COMMISSIONER DETERMINES THAT A QUARANTINE AND OTHER
25 REGULATIONS ARE NECESSARY TO PREVENT THE SPREAD AMONG DOMESTIC ANIMALS
26 OF ANY CONTAGIOUS OR INFECTIOUS DISEASE, THE COMMISSIONER SHALL NOTIFY
27 THE GOVERNOR OF SUCH DETERMINATION, AND THE GOVERNOR SHALL ISSUE AN
28 EXECUTIVE ORDER ANNOUNCING THE BOUNDARY OF SUCH QUARANTINE AND THE
29 ORDERS AND RULES AND REGULATIONS PRESCRIBED BY THE COMMISSIONER, EXCEPT
30 THAT THE COMMISSIONER, IF THE AREA AFFECTED BY QUARANTINE IS LIMITED IN
31 EXTENT, MAY DISPENSE WITH THE EXECUTIVE ORDER OF THE GOVERNOR AND GIVE
32 SUCH NOTICE AS THE COMMISSIONER SHALL DEEM SUFFICIENT TO MAKE THE QUAR-
33 ANTINE EFFECTIVE.
34 1-B. UPON A DETERMINATION BY THE GOVERNOR THAT A QUARANTINE OR OTHER
35 REGULATIONS ARE NECESSARY TO PREVENT THE SPREAD AMONG DOMESTIC ANIMALS
36 OF ANY CONTAGIOUS OR INFECTIOUS DISEASE, THE GOVERNOR SHALL DIRECT THE
37 COMMISSIONER TO ESTABLISH A QUARANTINE PURSUANT TO THIS SECTION.
38 1-C. THE GOVERNOR MAY REQUIRE AND DIRECT THE COOPERATION AND ASSIST-
39 ANCE OF ANY STATE AGENCY IN ENFORCING SUCH QUARANTINE OR OTHER REGU-
40 LATIONS PRESCRIBED PURSUANT TO SUBDIVISIONS ONE-A AND ONE-B OF THIS
41 SECTION.
42 1-D. THE COMMISSIONER SHALL ESTABLISH SUCH QUARANTINE IMMEDIATELY AND
43 SHALL GIVE AND ENFORCE SUCH DIRECTIONS, RULES AND REGULATIONS AS TO
44 SEPARATING, ISOLATING, HANDLING AND TREATING, FEEDING AND CARING FOR
45 SUCH DISEASED ANIMALS, ANIMALS EXPOSED TO THE DISEASE AND ANIMALS WITHIN
46 THE QUARANTINE WHICH HAVE NOT BEEN IMMEDIATELY EXPOSED, AS THE COMMIS-
47 SIONER DEEMS NECESSARY TO PREVENT THOSE CLASSES OF ANIMALS FROM COMING
48 INTO CONTACT WITH ONE ANOTHER.
49 1-E. THE COMMISSIONER OR HIS OR HER DESIGNEE IS AUTHORIZED AND
50 EMPOWERED TO ENTER ANY GROUNDS AND PREMISES TO CARRY OUT THE PROVISIONS
51 OF THIS SECTION.
52 S 3. Section 85 of the agriculture and markets law is amended to read
53 as follows:
54 S 85. Destruction of animals; disposition of carcasses. 1. The
55 commissioner may prescribe rules for the destruction of animals affected
56 with infectious or communicable disease, and for the proper disposal of
A. 8425 3
1 their hides and carcasses and all objects which might carry infection or
2 contagion. Whenever in his judgment necessary for the more speedy and
3 economical suppression or prevention of the spread of any such disease
4 he may cause to be slaughtered and afterward disposed of, in such manner
5 as he may deem expedient, any animal or animals which by contact or
6 association with diseased animals or other exposure to infection or
7 contagion may be considered or suspected to be liable to contract or
8 communicate the disease sought to be suppressed or prevented. The
9 commissioner may seize and cause to be destroyed a carcass or any
10 portion thereof affected with any communicable disease.
11 2. (A) THE OPERATOR OF A LICENSED DISPOSAL PLANT SHALL DISPOSE OF THE
12 CARCASSES OF DOMESTIC ANIMALS OR PACKINGHOUSE REFUSE BY COMPLYING WITH
13 THE FOLLOWING STANDARDS AND REQUIREMENTS:
14 (I) THE SKINNING AND DISMEMBERING OF CARCASSES OF DOMESTIC ANIMALS
15 SHALL BE PERFORMED WITHIN THE BUILDING WHERE THE CARCASSES ARE PROC-
16 ESSED;
17 (II) THE COOKING VATS OR TANKS SHALL BE AIRTIGHT, EXCEPT PROPER ESCAPE
18 FOR LIVE STEAM;
19 (III) STEAM SHALL BE SO DISPOSED OF AS NOT TO BE DETRIMENTAL TO PUBLIC
20 HEALTH OR SAFETY;
21 (IV) THE MATERIALS NOT COOKED OR ENTIRELY CONSUMED BY BURNING WITHIN
22 THE PLANT SHALL BE DISPOSED OF:
23 (A) BY BURYING TO SUCH A DEPTH THAT NO PART OF SUCH CARCASS SHALL BE
24 NEARER THAN THREE FEET TO THE SURFACE OF THE GROUND, AND SHALL BE
25 COVERED WITH QUICK-LIME AND WITH AT LEAST THREE FEET OF EARTH; OR
26 (B) IN SUCH MANNER AS MAY BE PRESCRIBED BY RULES AND REGULATIONS
27 ADOPTED BY THE COMMISSIONER;
28 (V) ALL CARCASSES OF DOMESTIC ANIMALS OR PACKINGHOUSE REFUSE SHALL BE
29 DISPOSED OF WITHIN FORTY-EIGHT HOURS AFTER DELIVERY TO THE DISPOSAL
30 PLANT;
31 (VI) ALL CARCASSES, PARTS THEREOF, OR REFUSE UNDER PROCESS FOR MARKET-
32 ING SHALL NOT BE PERMITTED TO COME IN CONTACT WITH ANY PART OF THE
33 BUILDING OR EQUIPMENT USED IN CONNECTION WITH THE UNLOADING, SKINNING,
34 DISMEMBERING AND GRINDING OF CARCASSES OR REFUSE AS ORIGINALLY RECEIVED
35 AT THE DISPOSAL PLANT; AND
36 (VII) THE COOKING OF MATERIALS SHALL BE AT A TEMPERATURE OF 212 F FOR
37 A PERIOD OF THIRTY MINUTES.
38 (B) THE COMMISSIONER MAY ISSUE A RELEASE FOR PORTIONS OF CARCASSES OF
39 DEAD ANIMALS WHICH ARE UNCOOKED, OR WHICH ARE COOKED FOR A PERIOD SHORT-
40 ER THAN THIRTY MINUTES OR AT A TEMPERATURE LESS THAN 212 F, OR BOTH.
41 SUCH RELEASE REQUIRES THAT THE PRODUCTS SO RELEASED SHALL BE IDENTIFIED
42 BY FREELY SLASHING AND COVERING ALL EXPOSED SURFACES OF SUCH PRODUCTS
43 WITH AN EDIBLE GREEN DYE OR OTHER SUITABLE SUBSTANCE AS MAY BE APPROVED
44 BY THE COMMISSIONER. SUCH PRODUCTS SHALL OTHERWISE MEET THE REQUIREMENTS
45 OF THIS CHAPTER.
46 S 4. The agriculture and markets law is amended by adding a new
47 section 85-a to read as follows:
48 S 85-A. UNLAWFUL TO CONTRACT FOR DISPOSAL OF UNPROCESSED GARBAGE. 1.
49 IT SHALL BE UNLAWFUL FOR THE GOVERNING BODY OF ANY CITY, OR ANY OFFICIAL
50 OR EMPLOYEE OF A CITY, TO ENTER INTO ANY CONTRACT OR AGREEMENT FOR THE
51 COLLECTION OR DISPOSAL OF GARBAGE UNLESS SUCH CONTRACT OR AGREEMENT
52 REQUIRES DISPOSAL OF GARBAGE IN ACCORDANCE WITH RULES AND REGULATIONS
53 PROMULGATED BY THE COMMISSIONER, WHEN DISPOSED OF BY OTHER MEANS.
54 2. IT SHALL BE UNLAWFUL FOR ANY PERSON TO GIVE, SELL OR TRANSFER
55 GARBAGE TO ANOTHER PERSON, IF SUCH PERSON KNOWS THAT SUCH OTHER PERSON
56 IS COMMERCIALLY FEEDING THE GARBAGE TO A CLOVEN HOOFED ANIMAL.
A. 8425 4
1 S 5. Section 90-b of the agriculture and markets law is amended by
2 adding four new subdivisions 24, 25, 26 and 27 to read as follows:
3 24. THE TERM "DISPOSAL PLANT" MEANS A PLACE OF BUSINESS OR A LOCATION
4 WHERE THE CARCASSES OF DOMESTIC ANIMALS OR PACKINGHOUSE REFUSE IS
5 PURCHASED, RECEIVED OR UNLOADED WHERE SUCH CARCASSES OR REFUSE ARE PROC-
6 ESSED FOR THE PURPOSE OF OBTAINING HIDE, SKIN, GREASE, RESIDUE, OR ANY
7 OTHER BYPRODUCT FROM THE ANIMAL OR REFUSE, IN ANY WAY WHATSOEVER.
8 25. THE TERM "SUBSTATION" MEANS A CONCENTRATION SITE EQUIPPED WITH AT
9 LEAST ONE STORAGE BUILDING AND OPERATED AND MAINTAINED FOR THE TEMPORARY
10 DEPOSIT OR STORAGE OF THE CARCASSES OF DOMESTIC ANIMALS PENDING FINAL
11 DELIVERY OF THE CARCASSES TO THE DISPOSAL PLANT.
12 26. THE TERM "PLACE OF TRANSFER" MEANS A RELOADING SITE, AUTHORIZED
13 FOR USE IN DIRECT TRANSFERRING OF CARCASSES OF DOMESTIC ANIMALS FROM
14 VEHICLES MAKING ORIGINAL PICKUP OR LOADING TO A LINE VEHICLE FOR THE
15 TRANSPORTATION OF THE CARCASSES TO THE DISPOSAL PLANT.
16 27. THE TERM "CARCASSES OF DOMESTIC ANIMALS" MEANS BODIES, OR ANY PART
17 OR PORTION THEREOF, OF DEAD DOMESTIC ANIMALS NOT SLAUGHTERED FOR HUMAN
18 FOOD.
19 S 6. Paragraph a of subdivision 2 of section 20 of the executive law,
20 as amended by section 1 of part B of chapter 56 of the laws of 2010, is
21 amended to read as follows:
22 a. "disaster" means occurrence or imminent threat of wide spread or
23 severe damage, injury, or loss of life or property resulting from any
24 natural or man-made causes, including, but not limited to, fire, flood,
25 earthquake, hurricane, tornado, high water, landslide, mudslide, wind,
26 storm, wave action, volcanic activity, epidemic, CONTAGIOUS OR INFEC-
27 TIOUS DISEASE, air contamination, terrorism, cyber event, blight,
28 drought, infestation, explosion, radiological accident, nuclear, chemi-
29 cal, biological, or bacteriological release, water contamination, bridge
30 failure or bridge collapse.
31 S 7. Section 28 of the executive law is amended by adding a new subdi-
32 vision 2-a to read as follows:
33 2-A. IN ADDITION TO THE OTHER POWERS AUTHORIZED BY THIS ARTICLE, THE
34 GOVERNOR, UPON FINDING THAT A DISASTER HAS OCCURRED PURSUANT TO ARTICLE
35 FIVE OF THE AGRICULTURE AND MARKETS LAW, AND THAT A QUARANTINE OR OTHER
36 REGULATIONS ARE NECESSARY TO PREVENT THE SPREAD AMONG DOMESTIC ANIMALS
37 OF ANY CONTAGIOUS OR INFECTIOUS DISEASE, MAY ISSUE AN EXECUTIVE ORDER
38 DECLARING A STATE OF EMERGENCY. IF THE GOVERNOR SHALL ISSUE SUCH EXECU-
39 TIVE ORDER DECLARING A STATE OF EMERGENCY, THE ORDER SHALL REMAIN IN
40 EFFECT FOR A PERIOD OF FIFTEEN DAYS BUT NOT TO EXCEED SIX MONTHS, UNLESS
41 OTHERWISE RESCINDED BY THE GOVERNOR.
42 S 8. The state finance law is amended by adding a new section 99-y to
43 read as follows:
44 S 99-Y. ANIMAL DISEASE CONTROL FUND. 1. THERE IS HEREBY ESTABLISHED IN
45 THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
46 TION AND FINANCE A FUND TO BE KNOWN AS THE "ANIMAL DISEASE CONTROL
47 FUND".
48 2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED PURSUANT TO SUBDI-
49 VISION SIX OF SECTION SEVENTY-TWO-B OF THE AGRICULTURE AND MARKETS LAW,
50 AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND
51 OR SOURCE PURSUANT TO LAW.
52 3. MONEYS OF THE FUND SHALL BE EXPENDED FOR THE PURPOSES OF CARRYING
53 OUT THE PROVISIONS OF SECTION SEVENTY-TWO-B OF THE AGRICULTURE AND
54 MARKETS LAW. MONEYS SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND
55 WARRANT OF THE STATE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSION-
56 ER OF AGRICULTURE AND MARKETS. ANY INTEREST RECEIVED BY THE COMPTROLLER
A. 8425 5
1 ON MONEYS ON DEPOSIT IN THE ANIMAL DISEASE CONTROL FUND SHALL BE
2 RETAINED IN AND BECOME PART OF SUCH FUND.
3 S 9. This act shall take effect on the one hundred twentieth day after
4 it shall have become a law.
