Relates to the licensing of slaughterhouses.
Ayes (9): Aubertine, Stachowski, Montgomery, Breslin, Valesky, Young, Seward, Winner, Ranzenhofer
Ayes (61): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
BILL NUMBER: S7099
TITLE OF BILL : An act to amend the agriculture and markets law, in relation to the licensing of slaughterhouses
PURPOSE OF THE BILL :
The bill would conform the qualifications for obtaining a slaughterhouse license, and the conditions under which such a license may be declined, suspended or revoked, to the qualifications and conditions applicable to licensed food processing establishments.
SUMMARY OF PROVISIONS :
Sections 1 of the bill would amend Agriculture and Markets Law (AML) § 96-b to add a new subdivision 3 requiring that, in addition to any other requirements established by the AML, an applicant for a slaughterhouse license must furnish evidence of (a) good character, experience and competency; (b) adequate facilities and equipment; (c) that the cleanliness of the premises can be maintained; and (d) that the product produced will not become adulterated.
Section 2 of the bill would add the same language to AML § 96-b as added by Section 1 of the bill but would not designate that language as subdivision 3. This would allow the substance of the amendment to continue after AML § 96-b reverts to an earlier version, without numbered subdivisions, in accordance with L. 2008, c. 395, § 3.
Section 3 of the bill would amend AML § 96-f by adding a new subdivision 4 to establish additional grounds upon which the Commissioner may decline to grant a new slaughterhouse license, decline to renew such a license, and suspend or revoke such a license after due notice and opportunity for a hearing. The additional grounds are that: any statement contained in an application is or was false or misleading; the establishment does not have facilities or equipment sufficient to maintain adequate sanitation for the activities conducted; the establishment is not maintained in a clean and sanitary condition or is not operated in a sanitary or proper manner; the maintenance and operation of the establishment is such that the product produced therein is or may be adulterated; the establishment has failed or refused to produce any records or provide any information demanded by the Commissioner reasonably related to the enforcement of Article 5A of the AML; the applicant or licensee, or an officer, director, partner, holder often percent of the voting stock, or any other person exercising any position of management or control has failed to comply with any of the provisions of the AML or rules and regulations promulgated pursuant thereto; an d any person including the applicant or licensee, or an officer, director, partner or any stockholder, exercising any position of management or control has been convicted of a felony in any court of the United States or any State or Territory and there is a direct relationship between that felony and the license sought or held by the individual.
Section 4 of the bill would provide that the act takes effect 120 days after it becomes law, and would provide that Section 2 of the act takes effect upon the reversion of AML § 96-b in accordance with L. 2008, c. 395, § 3.
EXISTING LAW :
AML § 96-b(2) prohibits the licensing of any person to operate any place or establishment where animals or fowls are slaughtered for food within a fifteen hundred foot radius of a residential dwelling. The prohibition does not apply to any premises upon which a person, firm, partnership or corporation has been continuously conducting business as described in AML § 96-b(2) from a date prior to the effective date of the subdivision.
AML §96-f(1) establishes as cause for the denial of an application for license, or the revocation or suspension of a license already granted: the exposure of meat, fowl or meat food product to insects, live animals or injurious contamination; or the slaughter, possession or sale of unwholesome meat; or the slaughtering, butchering, possession or sale of the fur, hair, skin or flesh of a domesticated dog (canis familiaris) or domesticated cat (felis catus or domesticus).
AML § 96-f(2) provides that after due notice and opportunity to be heard, a license issued to operate any place or establishment where animals or fowls are slaughtered or butchered for food pursuant to AML § 96-f(l) shall be revoked upon establishing the failure of three consecutive inspections.
PRIOR LEGISLATIVE HISTORY :
This is a new proposal.
STATEMENT IN SUPPORT :
Slaughterhouses licensed pursuant to AML Article 5-A slaughter animals and fowls for food. As noted in the declaration of policy and purpose in AML § 96-a, insanitary conditions in the slaughtering of animals and fowl have been found to exist in this State, and such conditions endanger the health and welfare of the People of the State. It was therefore declared to be a matter of legislative determination that the supervision of the slaughtering of animals and fowl is in the public interest. AML Article 5-A was enacted in the exercise of the police power of the State with its purpose as the protection of the public health.
The additional requirements for granting, denying, revoking and suspending AML Article 5-A slaughterhouses licenses will help to prevent the operation of slaughterhouses in New York State under insanitary conditions. The addition of these requirements and conditions to those already in AML Article 5-A will subject those persons operating slaughterhouses to the licensing requirements already established in AML Article 20-C for operators of food processing establishments. In so doing, this bill will help to ensure that only qualified applicants are licensed and that a failure to comply with appropriate sanitary and other standards will provide grounds for the denial, revocation and suspension of their slaughterhouse license. This bill implements the policy and purpose of AML § 96-a and will serve to prevent the public health from being endangered by the operation of slaughterhouses by unqualified persons or under insanitary conditions.
BUDGET IMPLICATIONS :
EFFECTIVE DATE : The bill would provide that the act takes effect 120 days after it becomes law, and that Section 2 of the act takes effect upon the reversion of AML § 96-b in accordance with L. 2008, c. 395, § 3.
STATE OF NEW YORK ________________________________________________________________________ 7099 IN SENATE March 12, 2010 ___________Introduced by Sen. AUBERTINE -- (at request of the Department of Agri- culture and Markets) -- 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 the licensing of slaughterhouses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 96-b of the agriculture and markets law is amended by adding a new subdivision 3 to read as follows: 3. IN ADDITION TO ANY OTHER REQUIREMENTS ESTABLISHED BY THIS CHAPTER, AN APPLICANT FOR A LICENSE PURSUANT TO THIS ARTICLE SHALL FURNISH EVIDENCE: (A) OF HIS OR HER GOOD CHARACTER, EXPERIENCE AND COMPETENCY, (B) THAT THE ESTABLISHMENT HAS ADEQUATE FACILITIES AND EQUIPMENT FOR THE BUSINESS TO BE CONDUCTED, (C) THAT THE ESTABLISHMENT IS SUCH THAT THE CLEANLINESS OF THE PREMISES CAN BE MAINTAINED AND (D) THAT THE PRODUCT PRODUCED THEREIN WILL NOT BECOME ADULTERATED. S 2. Section 96-b of the agriculture and markets law is amended by adding a new closing paragraph to read as follows: IN ADDITION TO ANY OTHER REQUIREMENTS ESTABLISHED BY THIS CHAPTER, AN APPLICANT FOR A LICENSE PURSUANT TO THIS ARTICLE SHALL FURNISH EVIDENCE: (A) OF HIS OR HER GOOD CHARACTER, EXPERIENCE AND COMPETENCY, (B) THAT THE ESTABLISHMENT HAS ADEQUATE FACILITIES AND EQUIPMENT FOR THE BUSINESS TO BE CONDUCTED, (C) THAT THE ESTABLISHMENT IS SUCH THAT THE CLEANLINESS OF THE PREMISES CAN BE MAINTAINED AND (D) THAT THE PRODUCT PRODUCED THEREIN WILL NOT BECOME ADULTERATED. S 3. Section 96-f of the agriculture and markets law is amended by adding a new subdivision 4 to read as follows: 4. IN ADDITION TO ANY OTHER GROUNDS ESTABLISHED BY THIS ARTICLE FOR THE DENIAL, REVOCATION AND SUSPENSION OF LICENSES, THE COMMISSIONER MAY DECLINE TO GRANT A NEW LICENSE, MAY DECLINE TO RENEW A LICENSE, OR MAY SUSPEND OR REVOKE A LICENSE AFTER DUE NOTICE AND OPPORTUNITY FOR HEARING WHENEVER HE OR SHE FINDS THAT: (A) ANY STATEMENT CONTAINED IN AN APPLICATION FOR LICENSE IS OR WAS FALSE OR MISLEADING;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15909-02-0 S. 7099 2
(B) THE ESTABLISHMENT DOES NOT HAVE FACILITIES OR EQUIPMENT SUFFICIENT TO MAINTAIN ADEQUATE SANITATION FOR THE ACTIVITIES CONDUCTED; (C) THE ESTABLISHMENT IS NOT MAINTAINED IN A CLEAN AND SANITARY CONDI- TION OR IS NOT OPERATED IN A SANITARY OR PROPER MANNER; (D) THE MAINTENANCE AND OPERATION OF THE ESTABLISHMENT IS SUCH THAT THE PRODUCT PRODUCED THEREIN IS OR MAY BE ADULTERATED; (E) THE ESTABLISHMENT HAS FAILED OR REFUSED TO PRODUCE ANY RECORDS OR PROVIDE ANY INFORMATION DEMANDED BY THE COMMISSIONER REASONABLY RELATED TO THE ADMINISTRATION AND ENFORCEMENT OF THIS ARTICLE; (F) THE APPLICANT OR LICENSEE, OR AN OFFICER, DIRECTOR, PARTNER, HOLD- ER OF TEN PERCENT OF THE VOTING STOCK, OR ANY OTHER PERSON EXERCISING ANY POSITION OF MANAGEMENT OR CONTROL HAS FAILED TO COMPLY WITH ANY OF THE PROVISIONS OF THIS CHAPTER OR RULES AND REGULATIONS PROMULGATED PURSUANT THERETO; OR (G) ANY PERSON INCLUDING THE APPLICANT OR LICENSEE, OR AN OFFICER, DIRECTOR, PARTNER OR ANY STOCKHOLDER, EXERCISING ANY POSITION OF MANAGE- MENT OR CONTROL HAS BEEN CONVICTED OF A FELONY IN ANY COURT OF THE UNITED STATES OR ANY STATE OR TERRITORY AND THAT THERE IS A DIRECT RELATIONSHIP BETWEEN THAT FELONY AND THE LICENSE SOUGHT OR HELD BY THE INDIVIDUAL. S 4. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided that the amendments to section 96-b of the agriculture and markets law made by section one of this act shall be subject to the expiration and reversion of such section pursuant to section 3 of chapter 395 of the laws of 2008, as amended, when upon such date the provisions of section two of this act shall take effect.