Relates to vaccination of egg-laying hens against salmonella.
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.
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.
STATE OF NEW YORK ________________________________________________________________________ 85 2011-2012 Regular Sessions IN 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