A04160 Summary:

BILL NO    A04160 

SAME AS    No same as

SPONSOR    Clark (MS)

COSPNSR    Brennan, Pheffer, Jacobs, Carrozza, Scarborough, Millman, Rivera P,
           Lancman, Titus, Boyland, Benjamin

MLTSPNSR   Cook, Gabryszak, Gianaris, Gottfried, Hikind, Lentol, Maisel, Markey,
           Robinson, Titone, Weisenberg

Add Art 5-E SS97 & 98, Ag & Mkts L

Establishes task force to study public health and safety concerns of
establishments that slaughter and process fowls, the proper location and siting
of same.

A04160 Actions:

BILL NO    A04160 

01/30/2009 referred to agriculture
01/06/2010 referred to agriculture

A04160 Votes:

A04160 Memo:

 BILL NUMBER:  A4160

 TITLE OF BILL :  An act to amend the agriculture and markets law, in
relation to establishing a task force on public health and safety
concerns associated with establishments that slaughter and process
fowls; and providing for the repeal of such provisions upon expiration
thereof

 PURPOSE OR GENERAL IDEA OF BILL : The bill establishes a task force
to study public health and safety concerns for live poultry markets
that slaughter and process fowls on-site.

 SUMMARY OF PROVISIONS : This legislation adds a new article 5-E to
the agriculture and markets law as follows:

Section 97 creates a task force on public health and safety concerns
associated with establishments that slaughter and process fowls
on-site in the city of New York. It is created to examine, evaluate
and determine the effects on public health and safety, and whether
heavily populated areas with residences are suitable location for such
businesses.

The task force will have 13 members, with 11 appointed as follows:
three appointed by the governor, three by the temporary president of
the senate, three by the speaker of the assembly, and two by the mayor
of the city of New York. All appointees shall have expertise in
related fields or disciplines. Additional members shall be the
commissioner of Agriculture and Markets and the commissioner of Health
or his or her designee. The task force will be chaired by the
commissioner or his or her designee and will meet at least quarterly.

Section 98 lists the powers and duties of the task force. The task
force is authorized to:

A) Identify, study and determine public health and safety concerns
associated with poultry slaughterhouses and the suitability of
locations for these slaughterhouses

B) Evaluate whether state law sufficiently resolves issues of public
health, safety and proper siting of poultry slaughterhouses

C) Prepare a report identifying policy options and recommendations
regarding legislation required to resolve public health and safety
concerns and concerns about proper location of poultry slaughterhouses

The task force is also authorized to establish advisory committees;
request studies, surveys, or analyses; submit a request for necessary
appropriations in relation to the performance of its functions and
duties to the governor; hold public hearings and make investigations;
and make a preliminary report to the governor and legislature of its
findings.

 JUSTIFICATION :  Of over 100 live poultry slaughterhouses currently
licensed in New York State, more than 70 operate in New York City
alone, mostly in Brooklyn, Queens, and the Bronx. These establishments
present numerous quality of life problems for residents who work and
live in the neighborhoods in which they operate. Residents are
subjected to unbearable odors from birds' blood, waste, and fecal
matter; feathers clog sewer drains and enter air conditioning ducts;
and improperly disposed of entrails prevent residents from comfortably
living and doing business near these establishments.

Additionally and more importantly, live poultry slaughterhouses
present numerous and serious public health problems and are breeding
grounds for salmonella, E. coli, and avian influenza. According to the
USDA, a low-pathogenic avian influenza strain has been endemic in New
York City area poultry markets for several years. In 2006, some USDA
bird samples tested positive for the North American H5N1 strain of the
virus.  Low-pathogenic avian influenza strains can and do mutate into
deadly ones and the likelihood of mutation rises sharply when numerous
birds are confined in very small spaces, as they are in most of these
establishments. Millions of New York City residents live and work in
extremely close proximity to these slaughterhouses. Should a viral
mutation occur, as has already happened in numerous other places, the
resulting public health crisis would be devastating.

World Health Organization data show that in less than four years, the
avian influenza virus has expanded its geographical range from
Mid-Asia to the rest of Asia, Africa, Europe, and the Middle East to
include over 50 countries. In 12 of these countries, over 291 humans
have been infected with the virus. According to the New York State
Department of Agriculture and Markets, avian influenza is easily
spread by infected birds, poultry manure, improperly processed poultry
byproducts, equipment, insects, rodents, other animals, and people via
contaminated clothing, shoes, hair, and hands. In addition, the virus
can survive in the environment for long periods of time in cool, wet
conditions and almost indefinitely in frozen material.

There are two ways to reduce opportunities for human infection: 1) by
controlling the disease in animals and 2) by preventing behaviors that
expose humans to the virus. According to the WHO, controlling the
disease in animals has failed so far and is likely to remain
unsuccessful for several reasons including the fact that domestic
ducks now excrete large quantities of highly pathogenic avian
influenza virus in their feces without showing clinical signs, mammals
like pigs and cats previously thought unsusceptible to infection have
recently developed the disease, and the presence of the virus in
certain wild Asian bird flocks precludes its eradication or control in
wild bird populations.

Since controlling the virus in animals is not a feasible option,
preventing further human exposure and infection is essential and
urgent.  WHO recommendations for avian influenza prevention include
implementation of preventative measures. These measures are necessary
in places such as slaughterhouses where exposure to potentially
infected poultry exists. This bill would provide a measure of
protection to the public by examining the public health and safety
concerns associated with establishments that process and slaughter
fowls.

The task force will examine the suitability of locations for live
poultry markets and examine whether state law sufficiently regulates
these establishment. Additionally, the task force will be authorized
to hold public hearings, request studies and shall submit a report to
the Governor and Legislature with its findings and recommendations.

 LEGISLATIVE HISTORY :  5/18/07 - A.8541, referred to Assembly
Agriculture Committee 1/9/08 - A.8541, referred to Assembly
Agriculture Committee

 FISCAL IMPLICATIONS : To be determined.

 EFFECTIVE DATE : This act shall take effect immediately and expire on
May 1, 2011.