Bill Text: NY A10645 | 2023-2024 | 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) 2024-07-22 - referred to environmental conservation [A10645 Detail]
Download: New_York-2023-A10645-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10645 IN ASSEMBLY July 22, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Simon) -- read once and referred 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-five, 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. 24 2. (a) The department shall immediately suspend any existing license 25 or authorization, and shall not issue any new license or authorization, 26 for the import of a species of wildlife or fish into the state if any EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15909-01-4A. 10645 2 1 state agency makes a written finding that scientific evidence suggests 2 that zoonotic transmission from such species, or a closely related 3 species within the same family, could be responsible for a novel, or not 4 previously reported, readily transmissible human disease. 5 (b) The department shall take any additional measures pursuant to its 6 authority under this chapter related to wildlife and fish it shall deem 7 necessary to protect the public health from the transmission of a 8 zoonotic disease that has the potential to cause a human disease 9 outbreak or epidemic. 10 (c) The department shall not authorize the importation of any individ- 11 ual wildlife or fish species that could be responsible for zoonotic 12 transmission of a readily transmissible human disease until a protocol 13 for robust testing, effective treatment, or quarantine, as appropriate 14 and subject to paragraph (d) of this subdivision, is implemented to 15 ensure that all individual animal species subject to a license or 16 authorization are not carriers. 17 (d) In implementing this section, the department shall consult with 18 the department of health and the department of agriculture and markets, 19 and any other experts the department shall deem necessary, to ensure 20 that such implementation is informed by the best available science. 21 3. (a) Any university, college, governmental research agency, or other 22 bona fide scientific institution located in this state may submit a 23 written application to the department for exemption from any prohibited 24 import or transport of wildlife or fish under this section or from any 25 rule or regulation promulgated pursuant to this section. The department 26 shall review such applications and may grant such exemptions in its 27 discretion on a case-by-case basis. For any wildlife or fish that could 28 be responsible for zoonotic transmission of a readily transmissible 29 human disease, as determined pursuant to subdivision two of this 30 section, the department shall require the applicant to demonstrate 31 biosafety equipment and protocols necessary to safely handle such wild- 32 life or fish. 33 (b) Any zoo or other facility located in this state may submit a writ- 34 ten application to the department for exemption from any prohibited 35 import or transport of wildlife or fish under this section or from any 36 rule or regulation promulgated pursuant to this section. The department 37 shall review such applications and may grant such exemptions in its 38 discretion on a case-by-case basis. For any wildlife or fish that could 39 be responsible for zoonotic transmission of a readily transmissible 40 human disease, as determined pursuant to subdivision two of this 41 section, the department shall require the applicant to demonstrate 42 biosafety equipment and protocols necessary to safely handle such wild- 43 life or fish. 44 (c) The department shall create and make available on its website 45 application forms to be used for submission by applicants consistent 46 with paragraphs (a) and (b) of this subdivision. 47 (d) The department shall be permitted to require any further informa- 48 tion to be submitted by applicants under this subdivision that it shall 49 deem necessary to fulfill the purposes of this section. The department 50 shall be permitted to conduct any inspections as part of the application 51 process that it shall deem necessary to fulfill the purposes of this 52 section. 53 (e) The department shall be permitted to establish fees for the 54 acceptance and processing of applications pursuant to this subdivision. 55 § 2. The agriculture and markets law is amended by adding a new arti- 56 cle 22-A to read as follows:A. 10645 3 1 ARTICLE 22-A 2 LIVE ANIMAL MARKETS 3 Section 270. Definitions. 4 271. Regulations. 5 272. Operation of live animal markets. 6 § 270. Definitions. For the purposes of this section, the following 7 terms shall have the following meanings: 8 1. "Animal" means any living creature except a human being. 9 2. "Live animal market" means a retail food market where, in the regu- 10 lar course of business, animals are stored alive and sold to consumers 11 for the purpose of human consumption. 12 3. "Taxon" means a taxonomic group, such as a species, family, or 13 class. 14 § 271. Regulations. 1. The department shall promulgate regulations 15 governing the storing and sale of animals for live animal markets. 16 2. Regulations promulgated pursuant to subdivision one of this section 17 shall identify a list of prohibited animals known or likely to be an 18 invasive species or of a taxon known or likely to be responsible for 19 zoonotic transmission of disease. 20 § 272. Operation of live animal markets. 1. Every person or business 21 that operates a live animal market shall ensure that: 22 (a) no animal shall be dismembered, flayed, cut open, or have its 23 skin, scales, feathers, or shell removed while such animal is still 24 alive; 25 (b) no live animal shall be confined, held, or displayed in a manner 26 that results, or is likely to result, in injury, starvation, dehy- 27 dration, or suffocation of such animal; 28 (c) no animal at such live animal market is an invasive species or of 29 a taxon known or likely to be responsible for zoonotic transmission of a 30 disease, as determined by the department of environmental conservation 31 pursuant to section 11-1710 of the environmental conservation law; 32 (d) wildlife species shall not be caged, handled, or transported with 33 livestock or domestic animals, and shall not be sold in spaces near 34 livestock or domestic animals; 35 (e) wildlife species showing signs of illness shall not be permitted 36 to be sold in live animal markets; and 37 (f) no bat, rodent or primate species shall be sold in live animal 38 markets. 39 2. Any person who violates a provision of this section: 40 (a) for a first violation, shall be issued a written warning in a 41 language that is understood by the person receiving such warning; and 42 (b) for any subsequent violation, such person shall be guilty of a 43 class A misdemeanor, punishable by a fine of at least two hundred fifty 44 dollars, but not exceeding one thousand dollars. 45 § 3. This act shall take effect on the ninetieth day after it shall 46 have become a law. Effective immediately, the addition, amendment 47 and/or repeal of any rule or regulation necessary for the implementation 48 of this act on its effective date are authorized to be made and 49 completed on or before such effective date.
