Bill S771-2011

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.

Details

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

Votes

VOTE: COMMITTEE VOTE: - Agriculture - Mar 23, 2011
Ayes (9): Ritchie, Gallivan, O'Mara, Ranzenhofer, Seward, Young, Kennedy, Montgomery, Valesky
Nays (1): Avella
VOTE: COMMITTEE VOTE: - Agriculture - Mar 6, 2012
Ayes (9): Ritchie, Gallivan, O'Mara, Ranzenhofer, Seward, Young, Kennedy, Huntley, Valesky
Nays (1): Avella

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 771 2011-2012 Regular Sessions IN 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
(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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus