senate Bill S771

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO AGRICULTURE
  • 23 / Mar / 2011
    • 1ST REPORT CAL.258
  • 24 / Mar / 2011
    • 2ND REPORT CAL.
  • 28 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 04 / Apr / 2011
    • PASSED SENATE
  • 04 / Apr / 2011
    • DELIVERED TO ASSEMBLY
  • 04 / Apr / 2011
    • REFERRED TO AGRICULTURE
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO AGRICULTURE
  • 06 / Mar / 2012
    • 1ST REPORT CAL.286
  • 07 / Mar / 2012
    • 2ND REPORT CAL.
  • 12 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 26 / Mar / 2012
    • PASSED SENATE
  • 26 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 26 / Mar / 2012
    • REFERRED TO AGRICULTURE

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A6281
Versions:
S771
Legislative Cycle:
2011-2012
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง95-a, Ag & Mkts L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2420, A7886
2007-2008: A8149

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   771

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (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.

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