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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2054
SPONSOR: Simon (MS) TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
Prohibits certain wildlife and fish from being imported into the state;
relates to live animal markets.
SUMMARY OF PROVISIONS:
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.
JUSTIFICATION:
Thousands of viruses reside in animals and 75% of recently emerged
infectious diseases that affect humans have wildlife origins. Exploita-
tion of wildlife through hunting and the live animal trade has made
these human-animal-interactions the perfect epidemiologic setting for a
spillover. The zoonotic jumps of viruses from wildlife to humans has
become a serious health issue. Improving management, sanitation, along
with disease surveillance of live animal markets, it is possible to
strengthen our state's capacity for coordinating outbreak preparedness,
prevention, and attain early detection and response to future virus
outbreaks from wildlife sources.
PRIOR LEGISLATIVE HISTORY:
2020: A.11144 (Simon) -referred to rules
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
to be determined.
EFFECTIVE DATE:
the act shall take effect on the ninetieth day after it shall become
law.
STATE OF NEW YORK
________________________________________________________________________
2054
2021-2022 Regular Sessions
IN ASSEMBLY
January 14, 2021
___________
Introduced by M. of A. SIMON -- Multi-Sponsored by -- M. of A. MAGNAREL-
LI, McDONOUGH, TAYLOR -- 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-two, 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01202-01-1
A. 2054 2
1 (d) The department shall publish the list created pursuant to para-
2 graph (a) of this subdivision on its website.
3 2. (a) The department shall immediately suspend any existing license
4 or authorization, and shall not issue any new license or authorization,
5 for the import of a species of wildlife or fish into the state if any
6 state agency makes a written finding that scientific evidence suggests
7 that zoonotic transmission from such species, or a closely related
8 species within the same family, could be responsible for a novel, or not
9 previously reported, readily transmissible human disease.
10 (b) The department shall take any additional measures pursuant to its
11 authority under this chapter related to wildlife and fish it shall deem
12 necessary to protect the public health from the transmission of a
13 zoonotic disease that has the potential to cause a human disease
14 outbreak or epidemic.
15 (c) The department shall not authorize the importation of any individ-
16 ual wildlife or fish species that could be responsible for zoonotic
17 transmission of a readily transmissible human disease until a protocol
18 for robust testing, effective treatment, or quarantine, as appropriate
19 and subject to paragraph (d) of this subdivision, is implemented to
20 ensure that all individual animal species subject to a license or
21 authorization are not carriers.
22 (d) In implementing this section, the department shall consult with
23 the department of health and the department of agriculture and markets,
24 and any other experts the department shall deem necessary, to ensure
25 that such implementation is informed by the best available science.
26 3. (a) Any university, college, governmental research agency, or other
27 bona fide scientific institution located in this state may submit a
28 written application to the department for exemption from any prohibited
29 import or transport of wildlife or fish under this section or from any
30 rule or regulation promulgated pursuant to this section. The department
31 shall review such applications and may grant such exemptions in its
32 discretion on a case-by-case basis. For any wildlife or fish that could
33 be responsible for zoonotic transmission of a readily transmissible
34 human disease, as determined pursuant to subdivision two of this
35 section, the department shall require the applicant to demonstrate
36 biosafety equipment and protocols necessary to safely handle such wild-
37 life or fish.
38 (b) Any zoo or other facility located in this state may submit a writ-
39 ten application to the department for exemption from any prohibited
40 import or transport of wildlife or fish under this section or from any
41 rule or regulation promulgated pursuant to this section. The department
42 shall review such applications and may grant such exemptions in its
43 discretion on a case-by-case basis. For any wildlife or fish that could
44 be responsible for zoonotic transmission of a readily transmissible
45 human disease, as determined pursuant to subdivision two of this
46 section, the department shall require the applicant to demonstrate
47 biosafety equipment and protocols necessary to safely handle such wild-
48 life or fish.
49 (c) The department shall create and make available on its website
50 application forms to be used for submission by applicants consistent
51 with paragraphs (a) and (b) of this subdivision.
52 (d) The department shall be permitted to require any further informa-
53 tion to be submitted by applicants under this subdivision that it shall
54 deem necessary to fulfill the purposes of this section. The department
55 shall be permitted to conduct any inspections as part of the application
A. 2054 3
1 process that it shall deem necessary to fulfill the purposes of this
2 section.
3 (e) The department shall be permitted to establish fees for the
4 acceptance and processing of applications pursuant to this subdivision.
5 § 2. The agriculture and markets law is amended by adding a new arti-
6 cle 22-A to read as follows:
7 ARTICLE 22-A
8 LIVE ANIMAL MARKETS
9 Section 270. Definitions.
10 271. Regulations.
11 272. Operation of live animal markets.
12 § 270. Definitions. For the purposes of this section, the following
13 terms shall have the following meanings:
14 1. "Animal" means any living creature except a human being;
15 2. "Live animal market" means a retail food market where, in the regu-
16 lar course of business, animals are stored alive and sold to consumers
17 for the purpose of human consumption.
18 3. "Taxon" means a taxonomic group, such as a species, family, or
19 class.
20 § 271. Regulations. 1. The department shall promulgate regulations
21 governing the storing and sale of animals for live animal markets.
22 2. Regulations promulgated pursuant to subdivision one of this section
23 shall identify a list of prohibited animals known or likely to be an
24 invasive species or of a taxon known or likely to be responsible for
25 zoonotic transmission of disease.
26 § 272. Operation of live animal markets. 1. Every person or business
27 that operates a live animal market shall ensure that:
28 (a) no animal shall be dismembered, flayed, cut open, or have its
29 skin, scales, feathers, or shell removed while such animal is still
30 alive;
31 (b) no live animal shall be confined, held, or displayed in a manner
32 that results, or is likely to result, in injury, starvation, dehy-
33 dration, or suffocation of such animal;
34 (c) no animal at such live animal market is an invasive species or of
35 a taxon known or likely to be responsible for zoonotic transmission of a
36 disease, as determined by the department of environmental conservation
37 pursuant to section 11-1710 of the environmental conservation law;
38 (d) wildlife species shall not be caged, handled, or transported with
39 livestock or domestic animals, and shall not be sold in spaces near
40 livestock or domestic animals;
41 (e) wildlife species showing signs of illness shall not be permitted
42 to be sold in live animal markets; and
43 (f) no bat, rodent or primate species shall be sold in live animal
44 markets.
45 2. Any person who violates a provision of this section:
46 (a) for a first violation, shall be issued a written warning in a
47 language that is understood by the person receiving such warning; and
48 (b) for any subsequent violation, such person shall be guilty of a
49 class A misdemeanor, punishable by a fine of at least two hundred fifty
50 dollars, but not exceeding one thousand dollars.
51 § 3. This act shall take effect on the ninetieth day after it shall
52 have become a law. Effective immediately, the addition, amendment
53 and/or repeal of any rule or regulation necessary for the implementation
54 of this act on its effective date are authorized to be made and
55 completed on or before such effective date.
