senate Bill S591

Prohibits the manufacture, distribution, sale and use of commercial feed for poultry containing roxarsone or any substance containing arsenic

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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

  • 09 / Jan / 2013
    • REFERRED TO AGRICULTURE
  • 08 / Jan / 2014
    • REFERRED TO AGRICULTURE

Summary

Prohibits the manufacture, distribution, sale and use of commercial feed for poultry containing roxarsone or any substance containing arsenic; violation of such provisions shall constitute a class A misdemeanor.

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Bill Details

See Assembly Version of this Bill:
A8734
Versions:
S591
Legislative Cycle:
2013-2014
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §131-a, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Cycle:
S7450, S7450

Sponsor Memo

BILL NUMBER:S591

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to the
manufacture, distribution, sale and use of commercial feed for poultry
containing roxarsone or any other substance that contains arsenic

PURPOSE:
This legislation prohibits a person from manufacturing, selling, or
distributing within the State any commercial feed intended for use as
poultry feed that contains roxarsone or any other additive that
contains arsenic.

SUMMARY OF PROVISIONS:
Section one amends the agriculture and markets law by adding a new
section 131-a. The proposed legislation prohibits a person from
manufacturing, selling, or distributing within the State any
commercial feed intended for use as poultry feed that contains
roxarsone or any other additive that contains arsenic. Moreover, it
provides that any person that violates the subdivision shall be
guilty of a class A misdemeanor.

Section two establishes that this law shall take effect on the
thirtieth day after it shall have become law.

JUSTIFICATION:
Most major poultry producers in this country were adding an arsenic
compound called roxarsone to their chicken feed, purportedly to fight
parasites and increase growth in chickens. Inorganic arsenic is a
Class A carcinogen that has been linked to heart disease, diabetes
and a reduction in brain functionality. Recent studies show that most
Americans are routinely exposed to between three and eleven times the
Environmental Protection Agency's recommended safety limit of the
additive. Roxarsone is proven to promote the growth of blood vessels
in chicken, making the meat appear pinker and more attractive in its
packaging, but does little else. The additive does the same in human
cells, fueling a growth process known as angiogenesis, a critical
first step in many human diseases such as cancer.

Roxarsone also presents health risks to farmers who work with the
chemical or with fertilizers. Poultry farmers have reported illness
from contact with roxarsone while preparing feed. Additionally, many
smaller poultry farms rely on contracts with larger poultry producers
that mandate the use of arsenic in chicken feed, making the health
risks associated with roxarsone unavoidable for smaller farms. While
several large poultry producers have discontinued the use of
roxarsone for their animals, as recently as 2006, 705,T of the more
than 9 billion broiler chickens produced annually in this country
were fed roxarsone.

In addition to the toxins consumed at the dinner table, American
broiler chickens generate billions of pounds of animal waste each
year, causing significant arsenic runoff into soil and surrounding
waterways. The dangerous levels of arsenic in chicken manure
ultimately contaminate crops, nearby bodies of water, fertilized
lawns and may even reach drinking water.


In 2011, the Food and Drug Administration (FDA) found higher levels of
inorganic arsenic in the livers of chickens treated with the drug
than in the livers of untreated chickens. This was the first study to
demonstrate that raising chickens with roxarsone leads to the
accumulation of inorganic arsenic in poultry tissues, rendering them
toxic. The FDA concluded that using roxarsone leads to a "completely
avoidable exposure to a carcinogen."

Sales of roxarsone were recently voluntarily suspended by Alpharma, a
subsidiary of Pfizer Inc., in response to the FDA study. Pfizer
announced in June 2011 that the suspension would go into effect in
July 2011, allowing poultry producers a month to adjust to the
suspension.

I applauded the FDA for persuading roxarsone's manufacturer,
Alpharma/Pfizer, to voluntarily suspend sales of the drug, however
more must be done to ensure we are not exposed to such dangerous
levels of arsenic. I therefore respectfully requested that the FDA
completely ban the use of roxarsone and other arsenic-based drugs
from being used in chicken feed.

The decision remains with Pfizer whether to continue its self-imposed
moratorium. As a result, I am advocating that New York State prohibit
a person from manufacturing, selling, or distributing within the
State any commercial feed intended for use as poultry feed that
contains roxarsone or any other additive that contains arsenic.

LEGISLATIVE HISTORY:
2012: Senate Bill
7450 (Gianaris) - Died in Senate Agriculture
Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The thirtieth day after it shall have become law.

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

                                   591

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  GIANARIS,  ADAMS, AVELLA, DILAN, KRUEGER, PARKER,
  SERRANO, STAVISKY, STEWART-COUSINS -- 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
  manufacture, distribution, sale and use of commercial feed for poultry
  containing roxarsone or any other substance that contains arsenic

  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 131-a to read as follows:
  S 131-A. COMMERCIAL FEED FOR  POULTRY;  ROXARSONE  PROHIBITED.  1.  NO
PERSON  IN  THIS  STATE  SHALL  MANUFACTURE, DISTRIBUTE, SELL OR USE ANY
COMMERCIAL FEED FOR  POULTRY,  AS  DEFINED  IN  SUBDIVISION  SIXTEEN  OF
SECTION  NINETY-B OF THIS CHAPTER, WHICH CONTAINS ROXARSONE OR ANY OTHER
SUBSTANCE THAT CONTAINS ARSENIC.
  2. ANY PERSON THAT VIOLATES SUBDIVISION ONE OF THIS SECTION  SHALL  BE
GUILTY OF A CLASS A MISDEMEANOR AS DEFINED IN THE PENAL LAW.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01838-01-3

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