S771-2011 - NY Senate Open Legislation - Provides that the information collected and maintained by the department of agriculture and markets relating to animals shall be confidential

Provides that the information collected and maintained by the department of agriculture and markets relating to the registration and identification of premises and animals shall be confidential.

Sponsor: YOUNG / Committee: AGRICULTURE
Law Section: Agriculture and Markets Law / Law: Amd S95-a, Ag & Mkts L

S771-2011 Actions

Mar 26, 2012: referred to agriculture
Mar 26, 2012: DELIVERED TO ASSEMBLY
Mar 26, 2012: PASSED SENATE
Mar 12, 2012: ADVANCED TO THIRD READING
Mar 7, 2012: 2ND REPORT CAL.
Mar 6, 2012: 1ST REPORT CAL.286
Jan 4, 2012: REFERRED TO AGRICULTURE
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Apr 4, 2011: referred to agriculture
Apr 4, 2011: DELIVERED TO ASSEMBLY
Apr 4, 2011: PASSED SENATE
Mar 28, 2011: ADVANCED TO THIRD READING
Mar 24, 2011: 2ND REPORT CAL.
Mar 23, 2011: 1ST REPORT CAL.258
Jan 5, 2011: REFERRED TO AGRICULTURE

S771-2011 Meetings

Agriculture: Mar 6, 2012, Agriculture: Mar 23, 2011

S771-2011 Calendars

S771-2011 Votes

VOTE: COMMITTEE VOTE: - Agriculture - Mar 23, 2011

Ayes (9): Ritchie, Gallivan, O'Mara, Ranzenhofer, Seward, Young, Kennedy, Montgomery, Valesky
Nays (1): Avella

VOTE: FLOOR VOTE: - Apr 4, 2011

Ayes (48): Addabbo, Alesi, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Peralta, Perkins, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Seward, Skelos, Valesky, Young, Zeldin
Nays (9): Adams, Avella, Krueger, Montgomery, Oppenheimer, Rivera, Serrano, Stavisky, Stewart-Cousin
Absent (1): Smith
Excused (4): Huntley, Kruger, Parker, Squadron

VOTE: COMMITTEE VOTE: - Agriculture - Mar 6, 2012

Ayes (9): Ritchie, Gallivan, O'Mara, Ranzenhofer, Seward, Young, Kennedy, Huntley, Valesky
Nays (1): Avella

VOTE: FLOOR VOTE: - Mar 26, 2012

Ayes (41): Addabbo, Alesi, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Ranzenhofer, Ritchie, Robach, Saland, Savino, Seward, Skelos, Valesky, Young, Zeldin
Nays (17): Adams, Avella, Duane, Espaillat, Hassell-Thomps, Huntley, Krueger, Montgomery, Parker, Peralta, Perkins, Rivera, Sampson, Serrano, Squadron, Stavisky, Stewart-Cousin
Absent (2): Little, Smith
Excused (1): Oppenheimer

S771-2011 Memo

BILL NUMBER:S771

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to the
confidentiality of certain information submitted to the department of
agriculture and markets

PURPOSE:
Provides that certain information pertaining to registration and
identification of premises and animals which is collected and
maintained by the Department of Agriculture and Markets is to remain
confidential.

SUMMARY OF PROVISIONS:
Section 95-a of the Agriculture and Markets Law is amended to require
certain information pertaining to registration and identification of
premises and animals which is collected and maintained by the
Department of Agriculture and Markets remain confidential. The
Department of Agriculture and Markets may disclose such data provided
that the Department determines disclosure is needed for protection of
public or animal health and safety.

JUSTIFICATION:
Currently, information collected by the Department of Agriculture and
Markets with regard to their ongoing premises/animal identification
program is available to the public following a FOIL request. This
information includes location of animal production premises and
individual animal identification including production and health
data. This information should be viewed as proprietary as it supports
producer participation and disclosure and, potentially, provides data
to persons looking to cause biosecurity difficulties on farms.

LEGISLATIVE HISTORY:
2009-2010:  S.2420/A.7886 Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S771-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                           771
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen.  YOUNG  -- 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
 confidentiality  of certain information submitted to the department of
 agriculture and markets
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 95-a of the agriculture and markets law, as amended
 by chapter 271 of the laws of 2001, is amended to read as follows:

 

S 95-a. Animal ear tags or other identification. 1. A person who with
 out  authorization  by the commissioner, (a) cuts out, removes, obliter
 ates or destroys a New York state department of agriculture and  markets
 official  ear  tag  or other official New York state identification tag,
 device or mark on any cattle, camelid, deer, sheep, goats or  swine,  as
 defined  in  this  article,  other than such identification which may be
 used for the owner's own records in  the  state  of  New  York,  or  (b)
 inserts  or  attaches  to  the  ear of any cattle, camelid, deer, sheep,
 goats or swine, as defined in this article, in the state of New  York  a
 New York state department of agriculture and markets official ear tag or
 inserts  in  or  attaches to any such animal any other official New York
 state identification tag, device or mark other than such  identification
 which  may  be  used  for the owner's own records that has not been duly
 issued for said animal by the department is guilty of a misdemeanor.
 2. (A) THE FOLLOWING INFORMATION AND DATA COLLECTED AND MAINTAINED  BY
 THE  DEPARTMENT  RELATED TO THE REGISTRATION AND IDENTIFICATION OF PREM
 ISES AND ANIMALS IS CONFIDENTIAL AND NOT SUBJECT TO PUBLIC DISCLOSURE:

 (I) THE NAMES AND ADDRESSES OF OWNERS AND PREMISES CONTACTS;
 (II) THE LOCATION OF PREMISES WHERE ANIMALS ARE KEPT;
 (III) THE IDENTIFICATION NUMBER OF A PREMISES OR AN ANIMAL; AND
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03437-01-1
        S. 771                              2
 (IV) ALL BUSINESS, PRODUCTION AND INVENTORY DATA FOR ANIMAL PRODUCTION
 UNITS.
 (B)  THE DEPARTMENT MAY DISCLOSE THE DATA REFERRED TO IN PARAGRAPH (A)
 OF THIS SUBDIVISION TO ANY AGENCY OR THE PUBLIC IF  IT  DETERMINES  THAT
 SUCH  DISCLOSURE  WILL  AID  IN  THE  LAW  ENFORCEMENT  PROCESS  OR  THE
 PROTECTION OF PUBLIC OR ANIMAL HEALTH AND SAFETY.
 (C) THE DEPARTMENT MAY DISCLOSE SUMMARY DATA ON THE  STATE  OF  ANIMAL
 HEALTH  ON  FARMS  IN  THE STATE. SUCH SUMMARY DATA MAY DESCRIBE CURRENT
 ANIMAL HEALTH STATUS AND TRENDS, BUT SHALL NOT PUBLICLY  IDENTIFY  INDI
 VIDUAL FARMS OR PRODUCERS.
 

S 2. This act shall take effect immediately.

S771-2011: Provides that the information collected and maintained by the department of agriculture and markets relating to animals shall be confidential