Grants the department of agriculture and markets the exclusive authority to regulate cervid (deer and elk) farms; eliminates the authority of the department of environmental conservation to regulate such farms.
BILL NUMBER:S2798 REVISED 5/15/14
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to granting the department of agriculture and markets the sole authority to regulate cervid farms
PURPOSE: This legislation will improve annual reporting, by removing duplicative reporting requirements and provide cost savings while reducing the work load on cervid farmers and the Department of Environmental Conservation.
SUMMARY OF PROVISIONS:
Section One - amends Section 16 of the agriculture and markets law by adding a new subdivision 47 to grant the authority regulate and oversee all cervid farms in the state of New York to the Department of Agriculture and Markets.
JUSTIFICATION: Currently, cervid farmers are regulated by two state agencies, the New York State Department of Environmental Conservation and the New York State Department of Agriculture and Markets. Both agencies require annual reports from cervid farmers for the purpose of regulating the control and spread of disease.
This legislation will reduce redundancy and decrease the cost of doing business for farmers by allowing the Department of Agriculture and Markets to solely collect reports and test cervid animals. This legislation will save the State money by eliminating the administrative cost of the DEC collecting duplicate reports and tests on cervids that have already been regulated by the Department of Agriculture and Markets.
The Department of Agriculture and Markets is better suited to regulate farm cervids, as their agency is the lead agency for disease prevention and control. The DEC serves more as a tool for law enforcement regulation of wild animals, which does not pertain to domestic cervid farmers.
LEGISLATIVE HISTORY: 06/15/11- S.5767, Referred to Rules 06/21/12S.5767, Committed to Rules/ 03/29/12- A.9746, Referred to Agriculture 06/21/13- S.2798, Committed to Rules/ 04/19/13- A.6805, Referred to Agriculture
FISCAL IMPLICATIONS: Savings to the State of New York.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2798 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to granting the department of agriculture and markets the sole authority to regu- late cervid farms THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 16 of the agriculture and markets law is amended by adding a new subdivision 47 to read as follows: 47. NOTWITHSTANDING ANY PROVISION OF ARTICLE ELEVEN OF THE ENVIRON- MENTAL CONSERVATION LAW, REGULATE AND OVERSEE ALL CERVID FARMS IN THE STATE. THE AUTHORITY GRANTED PURSUANT TO THIS SUBDIVISION SHALL BE DEEMED TO GRANT THE DEPARTMENT EXCLUSIVE AUTHORITY OVER CERVID FARMING. WITH REGARD THERETO THE PROVISIONS OF THIS CHAPTER AND THE RULES AND REGULATIONS PROMULGATED PURSUANT THERETO, SHALL SUPERSEDE THE PROVISIONS OF THE ENVIRONMENTAL CONSERVATION LAW AND ITS IMPLEMENTING RULES AND REGULATIONS. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04770-01-3