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A03693 Summary:

BILL NOA03693
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Amd §§96-a & 96-b, add §96-f-1, Ag & Mkts L
 
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.
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A03693 Actions:

BILL NOA03693
 
01/28/2021referred to agriculture
01/05/2022referred to agriculture
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A03693 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3693
 
SPONSOR: Rosenthal L
  TITLE OF BILL: 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   PURPOSE: This bill relates to requiring licensed slaughterhouses to have a closed-circuit camera and television system in all areas with live animals.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 96-1 of the agriculture and markets law. Section 2 amends subdivision 1 of section 96-b of the agriculture and markets law. Section 3 amends the opening paragraph of section 96-b of the agriculture and markets law. Section 4 amends the agriculture and markets law by adding a new section 96-f-1. Section 5 establishes the effective date.   JUSTIFICATION: Under current law, inspectors from the Department of Agriculture and Markets physically inspect slaughterhouses a few times a year. These inspectors though do not inspect for the humane treatment of animals, they merely inspect for conditions that may have adverse public health implications for consumers, after the animals have been slaughtered. In short, slaughterhouses not only operate in relative secrecy, they are not held to a basic standard of care for animals. Increased transparency of slaughterhouse operations will bring increased accountability and will encourage better treatment of animals. In coun- tries across the world, including Israel, England and Scotland, slaught- erhouses are required to install cameras that monitor all live animals around the clock, helping shed light on their treatment before slaugh- ter. This legislation requires that any person or entity that operates a licensed slaughterhouse or butchery in New York State to install and operate a closed-circuit camera and television system in all areas where animals are present. Such cameras must ensure a complete and unob- structed view of all live animals, with footage to be provided without restriction to the agriculture and markets commissioner.. Further it requires those reviewing footage to report to police when they observe animal cruelty. This legislation will bring accountability and offer authorized enforcement officers new tools to determine whether cruelty and other laws have been violated.   LEGISLATIVE HISTORY: 2019-20: A.9708 - Referred to Agriculture   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect two years after it shall have become a law.
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A03693 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3693
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2021
                                       ___________
 
        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00971-01-1

        A. 3693                             2
 
     1  products for human or animal consumption.   Such license  shall  require
     2  any  person, firm, partnership, or corporation that has a license pursu-
     3  ant to this article to install and operate a closed circuit  camera  and
     4  television  system  in  all  areas  where live animals are present. Such
     5  cameras shall be placed to ensure there is a complete and clear view  of
     6  all  areas  containing  live  animals.  The  commissioner and his or her
     7  designees, the police and other law enforcement officers  authorized  to
     8  enforce  article  twenty-six of this chapter or other laws pertaining to
     9  the humane treatment of animals, cruelty to animals, or endangering  the
    10  life or health of animals, shall have unrestricted access to the footage
    11  from  such closed circuit camera and television systems.  Recordings for
    12  each day shall be retained by the  licensee  for  at  least  six  months
    13  before  it can be deleted. An application for license shall be made upon
    14  a form prescribed by the commissioner on or before the first day of  May
    15  in  every  other year, for a two year license period commencing upon the
    16  following first day of June. With the application there shall be paid  a
    17  license fee of two hundred dollars.
    18    §  3.  The  opening  paragraph  of section 96-b of the agriculture and
    19  markets law, as amended by section 2 of part I-1 of chapter  62  of  the
    20  laws of 2003, is amended to read as follows:
    21    No  person,  firm,  partnership  or corporation not granted inspection
    22  pursuant to  the  federal  meat  inspection  act,  the  federal  poultry
    23  products  inspection act, article five-B or article five-D of this chap-
    24  ter shall operate any place or establishment where animals or fowls  are
    25  slaughtered  or butchered for food unless such person, firm, partnership
    26  or corporation be licensed by the commissioner. In addition to any other
    27  requirements established by the commissioner, such license shall prohib-
    28  it the slaughter or butchering by slaughterhouses  of  domesticated  dog
    29  and domesticated cat to create food, meat, meat by-products or meat food
    30  products  for  human  or animal consumption.  Such license shall require
    31  any person, firm, partnership, or corporation that has a license  pursu-
    32  ant  to  this article to install and operate a closed circuit camera and
    33  television system in all areas where  live  animals  are  present.  Such
    34  cameras  shall be placed to ensure there is a complete and clear view of
    35  all areas containing live animals.  The  commissioner  and  his  or  her
    36  designees,  the  police and other law enforcement officers authorized to
    37  enforce article twenty-six of this chapter or other laws  pertaining  to
    38  the  humane treatment of animals, cruelty to animals, or endangering the
    39  life or health of animals, shall have unrestricted access to the footage
    40  from such closed circuit camera and television systems.  Recordings  for
    41  each  day  shall  be  retained  by  the licensee for at least six months
    42  before it can be deleted. An application for license shall be made  upon
    43  a  form prescribed by the commissioner on or before the first day of May
    44  in every other year, for a two year license period commencing  upon  the
    45  following  first day of June. With the application there shall be paid a
    46  license fee of two hundred dollars.
    47    § 4. The agriculture and markets  law  is  amended  by  adding  a  new
    48  section 96-f-1 to read as follows:
    49    §  96-f-1.  Mandatory reporting pursuant to inspection. Any authorized
    50  person conducting an inspection of a slaughterhouse or reviewing  closed
    51  circuit  camera  footage  as  specified  in section ninety-six-b of this
    52  article shall, upon belief that article twenty-six of  this  chapter  or
    53  any  other law pertaining to the humane treatment of animals, cruelty to
    54  animals, or  endangering  the  life  or  health  of  animals  have  been
    55  violated,  report the suspected violation to the local police department
    56  and local society for the prevention of cruelty to animals or other  law

        A. 3693                             3
 
     1  enforcement officers authorized to enforce such laws. Oral reports shall
     2  be  followed  by  a written report within forty-eight hours of such oral
     3  report, or as soon as is reasonably possible.
     4    § 5. This act shall take effect two years after it shall have become a
     5  law,  provided  that  the amendments to subdivision 1 of section 96-b of
     6  the agriculture and markets law made by section two of this act shall be
     7  subject to the expiration and reversion of such subdivision pursuant  to
     8  section 3 of chapter 395 of the laws of 2008, as amended, when upon such
     9  date  the  provisions  of  section  three of this act shall take effect.
    10  Effective immediately, the addition, amendment and/or repeal of any rule
    11  or regulation necessary for the implementation of this act on its effec-
    12  tive date are authorized to be made and  completed  on  or  before  such
    13  effective date.
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