Bill Text: NY A10110 | 2023-2024 | General Assembly | Introduced
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: (Passed) 2024-08-28 - signed chap.256 [A10110 Detail]
Download: New_York-2023-A10110-Introduced.html
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 or23sells cattle as a business enterprise. The term shall not include a24person who buys or sells cattle as part of his or her own bona fide25breeding, feeding or dairy operation, nor to a person who receives26cattle 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. LBD14204-02-4A. 10110 2 12.] 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.75. The term "horse dealer" means any person who buys or sells horses8as a business enterprise. This term shall not include a person who buys9or sells horses as part of a bona fide breeding, farming or racing oper-10ation or for personal use by his or her own family nor to a person who11receives horses exclusively for slaughter on his or her own premises.126. The term "swine dealer" means any person who buys or sells swine as13a business enterprise. The term shall not include a person who buys or14sells swine as part of a bona fide breeding, feeding or farming opera-15tion, nor to a person who receives swine exclusively for slaughter on16his or her own premises.177. The term "swine" means the entire super family of suidoidae, both18feral and domestic.198.] 3. The term "cattle" means the entire family of bovidae. 20 [9. The term "deer" means any member of the family of cervidae.2110. The term "deer dealer" means any person who buys and sells deer as22a business enterprise. The term shall not include a person who buys and23sells deer as part of a bona fide breeding, feeding or farming opera-24tion, nor to a person who receives deer exclusively for slaughter on his25or her own premises.2611.] 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 receives33camelids] or receive such animals exclusively for slaughter on [his or34her] 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,37when affixed to the ears of cattle, deer, swine or camelid, identifies38and distinguishes such animals.3914. The term "registration number" means the number assigned to and40that identifies a particular domestic animal, which number and the iden-41tifying characteristics of such domestic animal are set forth in a42registry maintained by a breed association recognized by the department.4315.] 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 sells5poultry as a business enterprise. The term shall not include a person6who buys or sells poultry as part of a bona fide breeding, feeding or7farming operation, or a person who receives poultry exclusively for8slaughter on his or her own premises.918.] 13. The term "poultry transporter" or "transporter of poultry" 10 means any person who transports poultry [as a business enterprise. The11term shall not include a person who transports poultry as part of a bona12fide breeding, feeding or farming operation, or a person who receives13poultry exclusively for slaughter on his or her own premises, provided,14however, that the term shall include any person who transports poultry15to a live poultry market] or otherwise moves poultry to a live market. 16 [19. The term "live poultry market" means any premises where poultry17are assembled and held for sale and slaughter. It does not include live-18stock auction buildings.1920. The term "goat" means any member of the genus capra.2021. The term "goat dealer" means any person who buys or sells goats as21a business enterprise. The term shall not include a person who buys or22sells goats as part of a bona fide breeding, feeding or farming opera-23tion, or a person who receives goats exclusively for slaughter on his or24her own premises.2522.] 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 sheep36as a business enterprise. The term shall not include a person who buys37or sells sheep as part of a bona fide breeding, feeding or farming oper-38ation, or a person who receives sheep exclusively for slaughter on his39or 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 for47any 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,50swine, 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 isA. 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 [he27or 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.
