Add 11-1710, En Con L; add Art 22-A 270 - 272, Ag & Mkts L
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.
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.
LBD15909-01-4
A. 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.
