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 :

None.

 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.