S85-2011 Actions

• Jan 4, 2012: REFERRED TO AGRICULTURE
• Jan 5, 2011: REFERRED TO AGRICULTURE

S85-2011 Memo

BILL NUMBER:S85

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to vaccination of
egg-laying hens against salmonella

PURPOSE:
To require that eggs may not be produced, transported or sold for
human consumption in New York State unless the hens producing them
are vaccinated against salmonella

SUMMARY OF PROVISIONS:
Section 1: Adds a new section 96-z-30 to the agriculture and markets
law. Establishes that no person, corporation, or other entity in New
York, shall transport, sell, or offer or expose for sale eggs for the
purpose of human consumption, unless such eggs originate from poultry
that has been vaccinated against salmonella enteritidis. Sets the
penalty of violation as a class A misdemeanor. Grants the
Commissioner permission to promulgate and adopt rules and regulations
to effectively enact provisions of this section.

Section 2: Sets the effective date.

JUSTIFICATION:
The U.S. Food and Drug Administration (FDA) estimates that each year
over 142,000 illnesses and 30 deaths are due to consumption of eggs
contaminated with salmonella enteritidis. Despite the fact that it is
a widely held view among experts that vaccines as part of a
comprehensive egg safety program would be effective in preventing
salmonella enteritidis, vaccinations of egg-laying hens have not been
mandated by the FDA or New York State. Salmonella vaccination by
British farmers has successfully reduced the number of salmonella
enteritidis cases by 96 percent in England and Wales over the past
decade.

The FDA regulations preempt states from issuing less stringent
regulations, but allow for New York and other states to adopt more
stringent measures, such as requiring vaccinations. Passing this bill
will ensure that all eggs sold in New York State come from vaccinated
hens, irrespective of where the eggs are produced, and will do more
to protect New Yorkers from this serious and sometimes deadly illness.

An exception to this provision would be made for eggs transported
within the state to an egg breaking plant for pasteurization, or for
research or experimentation purposes with written permission by the
Commissioner.

The mandates under the bill would be enforceable under regulations
similar to those currently promulgated by the State Department of
Agriculture and Markets (Section 57.7) governing salmonella
enteritidis, and could be incorporated into the certification process
that out-of-state producers of eggs are already required to comply
with.

LEGISLATIVE HISTORY:


2010: S.8490/A.11712

FISCAL IMPACT ON THE STATE:
Minimal.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that effective
immediately, the addition, amendment, or repeal of any rule or
regulation necessary for the implementation of this action on its
effective date is authorized and directed to be made and completed
before such effective date.

S85-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          85
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by Sen. SQUADRON -- 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 vaccina
 tion of egg-laying hens against salmonella
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. The agriculture and markets law is amended by adding a new
 section 96-z-30 to read as follows:

 

S 96-Z-30. VACCINATION OF EGG-LAYING POULTRY AGAINST SALMONELLA ENTER
 ITIDIS.  1. NO PERSON, CORPORATION, OR  OTHER  ENTITY  SHALL  TRANSPORT,
 SELL,  OFFER OR EXPOSE FOR SALE WITHIN THE STATE EGGS FOR THE PURPOSE OF
 HUMAN CONSUMPTION UNLESS SUCH EGGS ORIGINATE FROM POULTRY THAT HAS  BEEN
 VACCINATED AGAINST SALMONELLA ENTERITIDIS.
 2.  NOTWITHSTANDING  SUBDIVISION ONE OF THIS SECTION, EGGS THAT DO NOT
 ORIGINATE FROM POULTRY  THAT  HAS  BEEN  VACCINATED  AGAINST  SALMONELLA
 ENTERITIDIS  MAY, WITH THE WRITTEN PERMISSION OF THE COMMISSIONER OR THE
 COMMISSIONER'S  DESIGNEE,  BE  TRANSPORTED  WITHIN  THE  STATE   TO   AN
 EGG-BREAKING PLANT FOR PASTEURIZATION.
 3.  NOTWITHSTANDING  SUBDIVISION ONE OF THIS SECTION, EGGS THAT DO NOT
 ORIGINATE FROM POULTRY  THAT  HAS  BEEN  VACCINATED  AGAINST  SALMONELLA
 ENTERITIDIS  MAY, WITH THE WRITTEN PERMISSION OF THE COMMISSIONER OR THE
 COMMISSIONER'S DESIGNEE, BE TRANSPORTED AND POSSESSED WITHIN  THE  STATE
 FOR USE IN RESEARCH OR EXPERIMENTATION.
 4. VIOLATION OF THIS SECTION SHALL CONSTITUTE A CLASS A MISDEMEANOR.
 5.  THE  COMMISSIONER SHALL PROMULGATE AND ADOPT RULES AND REGULATIONS
 TO GIVE FULL EFFECT TO THE PROVISIONS OF THIS SECTION.
 

S 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate
 ly, the addition, amendment, or repeal of any rule or regulation  neces
 sary for the implementation of this act on its effective date is author
 ized  and  directed to be made and completed on or before such effective
 date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00448-01-1

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