Relates to requiring licensed slaughterhouses to have a closed circuit camera and television system in all areas with live animals; establishes a reporting requirement pursuant to inspections where a violation is found.
STATE OF NEW YORK
________________________________________________________________________
9708
IN ASSEMBLY
February 6, 2020
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to requir-
ing licensed slaughterhouses to have closed circuit camera and tele-
vision systems and establishing a reporting requirement pursuant to
inspections where a violation is found
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 96-a of the agriculture and markets law, as amended
2 by chapter 573 of the laws of 2002, is amended to read as follows:
3 § 96-a. Declaration of policy and purpose. Whereas unsanitary condi-
4 tions in the slaughtering of animals and fowl for food have been found
5 to exist in this state, and whereas such conditions endanger the health
6 and welfare of the people and animals and fowl of the state, it is here-
7 by declared to be a matter of legislative determination that the super-
8 vision of the slaughtering of animals and fowl is in the public inter-
9 est, and that this article is enacted in the exercise of the police
10 power of the state and its purposes are the protection of the public
11 health.
12 § 2. Subdivision 1 of section 96-b of the agriculture and markets law,
13 as amended by chapter 395 of the laws of 2008, is amended to read as
14 follows:
15 1. No person, firm, partnership or corporation not granted inspection
16 pursuant to the federal meat inspection act, the federal poultry
17 products inspection act, article five-B or article five-D of this chap-
18 ter shall operate any place or establishment where animals or fowls are
19 slaughtered or butchered for food unless such person, firm, partnership
20 or corporation be licensed by the commissioner. In addition to any other
21 requirements established by the commissioner, such license shall prohib-
22 it the slaughter or butchering by slaughterhouses of domesticated dog
23 and domesticated cat to create food, meat, meat by-products or meat food
24 products for human or animal consumption. Such license shall require
25 any person, firm, partnership, or corporation that has a license pursu-
26 ant to this article to install and operate a closed circuit camera and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10902-03-9
A. 9708 2
1 television system in all areas where live animals are present. Such
2 cameras shall be placed to ensure there is a complete and clear view of
3 all areas containing live animals. The commissioner and his or her
4 designees, the police and other law enforcement officers authorized to
5 enforce article twenty-six of this chapter or other laws pertaining to
6 the humane treatment of animals, cruelty to animals, or endangering the
7 life or health of animals, shall have unrestricted access to the footage
8 from such closed circuit camera and television systems. Recordings for
9 each day shall be retained by the licensee for at least six months
10 before it can be deleted. An application for license shall be made upon
11 a form prescribed by the commissioner on or before the first day of May
12 in every other year, for a two year license period commencing upon the
13 following first day of June. With the application there shall be paid a
14 license fee of two hundred dollars.
15 § 3. The opening paragraph of section 96-b of the agriculture and
16 markets law, as amended by section 2 of part I-1 of chapter 62 of the
17 laws of 2003, is amended to read as follows:
18 No person, firm, partnership or corporation not granted inspection
19 pursuant to the federal meat inspection act, the federal poultry
20 products inspection act, article five-B or article five-D of this chap-
21 ter shall operate any place or establishment where animals or fowls are
22 slaughtered or butchered for food unless such person, firm, partnership
23 or corporation be licensed by the commissioner. In addition to any other
24 requirements established by the commissioner, such license shall prohib-
25 it the slaughter or butchering by slaughterhouses of domesticated dog
26 and domesticated cat to create food, meat, meat by-products or meat food
27 products for human or animal consumption. Such license shall require
28 any person, firm, partnership, or corporation that has a license pursu-
29 ant to this article to install and operate a closed circuit camera and
30 television system in all areas where live animals are present. Such
31 cameras shall be placed to ensure there is a complete and clear view of
32 all areas containing live animals. The commissioner and his or her
33 designees, the police and other law enforcement officers authorized to
34 enforce article twenty-six of this chapter or other laws pertaining to
35 the humane treatment of animals, cruelty to animals, or endangering the
36 life or health of animals, shall have unrestricted access to the footage
37 from such closed circuit camera and television systems. Recordings for
38 each day shall be retained by the licensee for at least six months
39 before it can be deleted. An application for license shall be made upon
40 a form prescribed by the commissioner on or before the first day of May
41 in every other year, for a two year license period commencing upon the
42 following first day of June. With the application there shall be paid a
43 license fee of two hundred dollars.
44 § 4. The agriculture and markets law is amended by adding a new
45 section 96-f-1 to read as follows:
46 § 96-f-1. Mandatory reporting pursuant to inspection. Any authorized
47 person conducting an inspection of a slaughterhouse or reviewing closed
48 circuit camera footage as specified in section ninety-six-b of this
49 article shall, upon belief that article twenty-six of this chapter or
50 any other law pertaining to the humane treatment of animals, cruelty to
51 animals, or endangering the life or health of animals have been
52 violated, report the suspected violation to the local police department
53 and local society for the prevention of cruelty to animals or other law
54 enforcement officers authorized to enforce such laws. Oral reports shall
55 be followed by a written report within forty-eight hours of such oral
56 report, or as soon as is reasonably possible.
A. 9708 3
1 § 5. This act shall take effect two years after it shall have become a
2 law, provided that the amendments to subdivision 1 of section 96-b of
3 the agriculture and markets law made by section two of this act shall be
4 subject to the expiration and reversion of such subdivision pursuant to
5 section 3 of chapter 395 of the laws of 2008, as amended, when upon such
6 date the provisions of section three of this act shall take effect.
7 Effective immediately, the addition, amendment and/or repeal of any rule
8 or regulation necessary for the implementation of this act on its effec-
9 tive date are authorized and directed to be made and completed six
10 months prior to such effective date.
