Add Art 5-A S96-f-1, amd SS96-z-8 & 135-a, Ag & Mkts L
Directs the commissioner of agriculture and markets to assign inspectors to perform ongoing oversight of slaughterhouses, rendering plants, and commercial feed plants; they shall enforce all applicable federal, state, and local laws and regulations pertaining to sanitation and health.
STATE OF NEW YORK
________________________________________________________________________
5619
2011-2012 Regular Sessions
IN ASSEMBLY
February 24, 2011
___________
Introduced by M. of A. MARKEY -- read once and referred to the Committee
on Agriculture
AN ACT to amend the agriculture and markets law, in relation to provid-
ing for the ongoing inspection of slaughterhouses, rendering plants,
and commercial feed plants and providing for the repeal of such
provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 5-A of the agriculture and markets law is amended
2 by adding a new section 96-f-1 to read as follows:
3 § 96-f-1. Inspection of slaughterhouses. The commissioner shall
4 assign qualified personnel to inspect continuously, at all times during
5 its operation, every place or establishment where animals or fowls are
6 slaughtered or butchered for food, whether such place or establishment
7 is granted inspection pursuant to the federal meat inspection act, the
8 federal poultry products inspection act, article five-B or article
9 five-D of this chapter, or subject to licensure under this article. Such
10 personnel shall enforce all applicable federal, state, and local laws
11 and regulations pertaining to sanitation and health. In addition, the
12 commissioner may, in his or her discretion, notwithstanding the
13 provisions of section ninety-six-c of this article, assign inspectors to
14 places or establishments otherwise exempt from the applicability of this
15 article pursuant to section ninety-six-c of this article.
16 § 2. Section 96-z-8 of the agriculture and markets law, as added by
17 chapter 391 of the laws of 1968, is amended to read as follows:
18 § 96-z-8. Access to premises; records. 1. The commissioner may
19 inspect as often as he or she deems necessary, each disposal plant or
20 vehicle licensed under the provisions of this article. For the purpose
21 of making such inspection, the commissioner and his or her authorized
22 agents shall have free access to all disposal plants licensed hereunder
23 and to all premises where vehicles used in a transportation service are
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08492-01-1
A. 5619 2
1 located. Licensees shall maintain such records as the commissioner may
2 require pertaining to the origin, movement, storage, distribution or
3 other disposition of inedible meat and such records shall be open to
4 inspection by the commissioner or his or her authorized agents at any
5 time during normal working hours.
6 2. In addition to the inspections authorized by subdivision one of
7 this section, the commissioner shall assign qualified personnel to
8 inspect continuously, at all times during its operation, any plant in
9 which there takes place the rendering or processing of any meat or meat
10 products that may be used for human or animal consumption or may be used
11 as, or as a component of, any commercial feed, as defined in section one
12 hundred twenty-eight of this chapter. Such personnel shall enforce all
13 applicable federal, state, and local laws and regulations pertaining to
14 sanitation and health.
15 § 3. Section 135-a of the agriculture and markets law, as added by
16 chapter 816 of the laws of 1974, is amended to read as follows:
17 § 135-a. Inspection, sampling and analysis: assigned inspectors. 1.
18 For the purpose of enforcing this article, and in order to determine
19 whether its provisions have been complied with, including whether or not
20 any operations may be subject to such provisions, officers or employees
21 of the department, upon presenting appropriate credentials and, if
22 feasible, a written notice to the owner, operator, or other person in
23 charge, are authorized (a) to enter, at all reasonable times, any facto-
24 ry, warehouse, or establishment within the state in which commercial
25 feed or feed ingredients may be manufactured, processed, packed, or held
26 for distribution, or to enter any vehicle which may be used to transport
27 or hold such feed or ingredients; and (b) to inspect, at all reasonable
28 times, such factory, warehouse, establishment or vehicle and all perti-
29 nent equipment, finished and unfinished materials, containers, and
30 labeling therein, and to obtain samples thereat.
31 1-a. In addition to the foregoing inspections authorized by subdivi-
32 sion one of this section, the commissioner shall assign qualified
33 personnel to inspect continuously, at all times during its operation,
34 any plant, factory, warehouse, or establishment within the state in
35 which commercial feed or feed ingredients may be manufactured, proc-
36 essed, packed, or held for distribution. Such personnel shall enforce
37 all applicable federal, state, and local laws and regulations pertaining
38 to sanitation and health.
39 2. If the officer or employee making such inspection of a factory,
40 warehouse, establishment or vehicle has obtained a sample in the course
41 of the inspection, if feasible, upon completion of the inspection and
42 prior to leaving the premises, he or she shall give to the owner, opera-
43 tor or other person in charge a receipt describing the sample obtained.
44 3. Sampling and analysis shall be conducted in accordance with methods
45 published by the Association of Official Analytical Chemists, or in
46 accordance with other generally recognized methods as approved by the
47 commissioner.
48 4. The results of all analyses of official samples shall be forwarded
49 by the commissioner to the person in whose name the brand of such feed
50 is registered under section one hundred twenty-nine of this article, or
51 if there be no such registrant for the same, then to the person named on
52 the label or invoice, delivery slip or other document for such feed, or
53 if the commissioner deems it appropriate, to the person from whom the
54 sample was obtained. When the analysis of an official sample indicates
55 a commercial feed has been adulterated or misbranded, upon request by
56 the person receiving such results within fifteen days following the
A. 5619 3
1 receipt thereof, the commissioner or his or her authorized agent shall
2 furnish such person a portion of the sample concerned.
3 § 4. This act shall take effect on the one hundred twentieth day after
4 it shall have become a law; provided that the commissioner of agricul-
5 ture and markets is authorized to, on or before such date, promulgate
6 any and all rules and regulations and take any other measures necessary
7 to implement this act on its effective date; and provided that this act
8 shall expire ten years after such effective date when upon such date the
9 provisions of this act shall be deemed repealed and the provisions of
10 law amended by this act shall revert to their text as it existed imme-
11 diately prior to the effective date of this act.
