S T A T E   O F   N E W   Y O R K
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                                  7629

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 17, 2009
                               ___________

Introduced  by  M.  of  A. ORTIZ, MAYERSOHN, NOLAN, PERRY, TOWNS -- read
  once and referred to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation  to  animal
  diseases, quarantines and garbage restrictions; to amend the executive
  law,  in  relation  to  state  of disaster emergency; and to amend the
  state finance law, in relation to creating the animal disease  control
  fund

  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 72-b to read as follows:
  S  72-B.   REGISTRATION AS GARBAGE FEEDING OPERATOR; FEES; CERTIFICATE
OF REGISTRATION, EXPIRATION AND REVOCATION; DISPOSITION  OF  MONEYS.  1.
EXCEPT  AS  OTHERWISE  PROVIDED IN LAW, ANY PERSON, FIRM, PARTNERSHIP OR
CORPORATION SHALL BE ALLOWED TO REGISTER AS A GARBAGE FEEDING OPERATOR.
  2. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM,  PARTNERSHIP  OR  CORPO-
RATION  TO FEED COOKED GARBAGE TO ANIMALS, OTHER THAN DOGS, AS PERMITTED
IN THIS CHAPTER, UNLESS THE OPERATOR OF SUCH GARBAGE FEEDING  ESTABLISH-
MENT  SHALL HAVE FIRST REGISTERED AS A GARBAGE FEEDING OPERATOR WITH THE
COMMISSIONER AND SHALL HAVE PAID THE ANNUAL REGISTRATION FEE UNDER  THIS
SECTION FOR EACH PLACE WHERE GARBAGE IS TO BE FED.
  3. THE COMMISSIONER MAY ACCEPT APPLICATIONS FOR REGISTRATION ON A FORM
TO BE SUPPLIED BY THE COMMISSIONER'S OFFICE. UPON THE ACCEPTANCE OF SUCH
APPLICATION  FOR REGISTRATION AND THE RECEIPT OF THE ANNUAL REGISTRATION
FEE UNDER THIS SECTION FOR EACH PLACE WHERE GARBAGE IS TO  BE  FED,  THE
COMMISSIONER SHALL ISSUE TO SUCH APPLICANT AND OPERATOR A CERTIFICATE OF
REGISTRATION  FOR  THE  CURRENT OPERATION PERIOD. SUCH CERTIFICATE SHALL
EXPIRE ON JUNE THIRTIETH EACH YEAR FOLLOWING THE DATE OF ISSUANCE OF THE
CERTIFICATE OF REGISTRATION. THE APPLICATION  FOR  REGISTRATION  MAY  BE
REJECTED AND DENIED IF THE APPLICANT DOES NOT SUPPLY ALL THE INFORMATION
DEEMED  ESSENTIAL  BY  THE  COMMISSIONER  AND IF THE APPLICANT'S GARBAGE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10945-01-9
              

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FEEDING ESTABLISHMENT DOES NOT MEET THE REQUIREMENTS  OF  THIS  CHAPTER,
AND THE RULES AND REGULATIONS ADOPTED THEREUNDER.
  4.  THE  COMMISSIONER  SHALL  FIX  THE ANNUAL REGISTRATION FEE IN SUCH
AMOUNT AS THE  COMMISSIONER  DEEMS  DESIRABLE  IN  INTERESTS  OF  PUBLIC
SERVICE, BUT NOT IN AN AMOUNT OF MORE THAN FIFTEEN DOLLARS PER REGISTRA-
TION FOR EACH GARBAGE FEEDING ESTABLISHMENT.
  5.  THE  CERTIFICATE OF REGISTRATION FOR GARBAGE FEEDING OPERATORS MAY
BE REVOKED BY THE COMMISSIONER WHENEVER THE OPERATOR OF A GARBAGE  FEED-
ING ESTABLISHMENT IS FOUND TO BE OPERATING IN VIOLATION OF LAW, OR RULES
AND REGULATIONS ADOPTED THEREUNDER, OR IN AN UNSANITARY MANNER. ANY SUCH
OPERATOR  SHALL  FIRST  BE GIVEN NOTICE OF HEARING AND AN OPPORTUNITY TO
APPEAR AND BE HEARD IN DEFENSE OF ANY PROCEEDING FOR THE  REVOCATION  OF
ANY CERTIFICATE OF REGISTRATION IN ACCORDANCE WITH THE PROVISIONS OF THE
STATE ADMINISTRATIVE PROCEDURE ACT.
  6.  THE  COMMISSIONER  SHALL  REMIT  ALL MONEYS RECEIVED BY OR FOR THE
COMMISSIONER UNDER THIS ARTICLE TO THE  COMPTROLLER  AT  LEAST  MONTHLY.
UPON  RECEIPT  OF ANY SUCH REMITTANCE, THE COMPTROLLER SHALL DEPOSIT THE
ENTIRE AMOUNT THEREOF IN THE STATE TREASURY AND THE SAME SHALL BE  CRED-
ITED  TO THE ANIMAL DISEASE CONTROL FUND ESTABLISHED PURSUANT TO SECTION
NINETY-NINE-T OF THE STATE FINANCE LAW.
  S 2. Section 76 of the agriculture and  markets  law,  is  amended  by
adding  five  new  subdivisions  1-a,  1-b,  1-c, 1-d and 1-e to read as
follows:
  1-A. WHEN THE COMMISSIONER DETERMINES  THAT  A  QUARANTINE  AND  OTHER
REGULATIONS  ARE  NECESSARY TO PREVENT THE SPREAD AMONG DOMESTIC ANIMALS
OF ANY CONTAGIOUS OR INFECTIOUS DISEASE, THE COMMISSIONER  SHALL  NOTIFY
THE  GOVERNOR  OF  SUCH  DETERMINATION,  AND THE GOVERNOR SHALL ISSUE AN
EXECUTIVE ORDER ANNOUNCING THE  BOUNDARY  OF  SUCH  QUARANTINE  AND  THE
ORDERS  AND RULES AND REGULATIONS PRESCRIBED BY THE COMMISSIONER, EXCEPT
THAT THE COMMISSIONER, IF THE AREA AFFECTED BY QUARANTINE IS LIMITED  IN
EXTENT,  MAY  DISPENSE WITH THE EXECUTIVE ORDER OF THE GOVERNOR AND GIVE
SUCH NOTICE AS THE COMMISSIONER SHALL DEEM SUFFICIENT TO MAKE THE  QUAR-
ANTINE EFFECTIVE.
  1-B.  UPON  A DETERMINATION BY THE GOVERNOR THAT A QUARANTINE OR OTHER
REGULATIONS ARE NECESSARY TO PREVENT THE SPREAD AMONG  DOMESTIC  ANIMALS
OF  ANY  CONTAGIOUS OR INFECTIOUS DISEASE, THE GOVERNOR SHALL DIRECT THE
COMMISSIONER TO ESTABLISH A QUARANTINE PURSUANT TO THIS SECTION.
  1-C. THE GOVERNOR MAY REQUIRE AND DIRECT THE COOPERATION  AND  ASSIST-
ANCE  OF  ANY  STATE  AGENCY IN ENFORCING SUCH QUARANTINE OR OTHER REGU-
LATIONS PRESCRIBED PURSUANT TO SUBDIVISIONS  ONE-A  AND  ONE-B  OF  THIS
SECTION.
  1-D.  THE COMMISSIONER SHALL ESTABLISH SUCH QUARANTINE IMMEDIATELY AND
SHALL GIVE AND ENFORCE SUCH DIRECTIONS,  RULES  AND  REGULATIONS  AS  TO
SEPARATING,  ISOLATING,  HANDLING  AND  TREATING, FEEDING AND CARING FOR
SUCH DISEASED ANIMALS, ANIMALS EXPOSED TO THE DISEASE AND ANIMALS WITHIN
THE QUARANTINE WHICH HAVE NOT BEEN IMMEDIATELY EXPOSED, AS  THE  COMMIS-
SIONER  DEEMS  NECESSARY TO PREVENT THOSE CLASSES OF ANIMALS FROM COMING
INTO CONTACT WITH ONE ANOTHER.
  1-E. THE COMMISSIONER  OR  HIS  OR  HER  DESIGNEE  IS  AUTHORIZED  AND
EMPOWERED  TO ENTER ANY GROUNDS AND PREMISES TO CARRY OUT THE PROVISIONS
OF THIS SECTION.
  S 3. Section 85 of the agriculture and markets law is amended to  read
as follows:
  S 85. Destruction  of  animals;  disposition  of  carcasses.    1. The
commissioner may prescribe rules for the destruction of animals affected
with infectious or communicable disease, and for the proper disposal  of

A. 7629                             3

their hides and carcasses and all objects which might carry infection or
contagion.  Whenever  in  his judgment necessary for the more speedy and
economical suppression or prevention of the spread of any  such  disease
he may cause to be slaughtered and afterward disposed of, in such manner
as  he  may  deem  expedient,  any animal or animals which by contact or
association with diseased animals or  other  exposure  to  infection  or
contagion  may  be  considered  or suspected to be liable to contract or
communicate the disease sought to  be  suppressed  or  prevented.    The
commissioner  may  seize  and  cause  to  be  destroyed a carcass or any
portion thereof affected with any communicable disease.
  2. (A) THE OPERATOR OF A LICENSED DISPOSAL PLANT SHALL DISPOSE OF  THE
CARCASSES  OF  DOMESTIC ANIMALS OR PACKINGHOUSE REFUSE BY COMPLYING WITH
THE FOLLOWING STANDARDS AND REQUIREMENTS:
  (I) THE SKINNING AND DISMEMBERING OF  CARCASSES  OF  DOMESTIC  ANIMALS
SHALL  BE  PERFORMED  WITHIN  THE BUILDING WHERE THE CARCASSES ARE PROC-
ESSED;
  (II) THE COOKING VATS OR TANKS SHALL BE AIRTIGHT, EXCEPT PROPER ESCAPE
FOR LIVE STEAM;
  (III) STEAM SHALL BE SO DISPOSED OF AS NOT TO BE DETRIMENTAL TO PUBLIC
HEALTH OR SAFETY;
  (IV) THE MATERIALS NOT COOKED OR ENTIRELY CONSUMED BY  BURNING  WITHIN
THE PLANT SHALL BE DISPOSED OF:
  (A)  BY  BURYING TO SUCH A DEPTH THAT NO PART OF SUCH CARCASS SHALL BE
NEARER THAN THREE FEET TO THE  SURFACE  OF  THE  GROUND,  AND  SHALL  BE
COVERED WITH QUICK-LIME AND WITH AT LEAST THREE FEET OF EARTH; OR
  (B)  IN  SUCH  MANNER  AS  MAY  BE PRESCRIBED BY RULES AND REGULATIONS
ADOPTED BY THE COMMISSIONER;
  (V) ALL CARCASSES OF DOMESTIC ANIMALS OR PACKINGHOUSE REFUSE SHALL  BE
DISPOSED  OF  WITHIN  FORTY-EIGHT  HOURS  AFTER DELIVERY TO THE DISPOSAL
PLANT;
  (VI) ALL CARCASSES, PARTS THEREOF, OR REFUSE UNDER PROCESS FOR MARKET-
ING SHALL NOT BE PERMITTED TO COME IN  CONTACT  WITH  ANY  PART  OF  THE
BUILDING  OR  EQUIPMENT USED IN CONNECTION WITH THE UNLOADING, SKINNING,
DISMEMBERING AND GRINDING OF CARCASSES OR REFUSE AS ORIGINALLY  RECEIVED
AT THE DISPOSAL PLANT; AND
  (VII)  THE COOKING OF MATERIALS SHALL BE AT A TEMPERATURE OF 212°F FOR
A PERIOD OF THIRTY MINUTES.
  (B) THE COMMISSIONER MAY ISSUE A RELEASE FOR PORTIONS OF CARCASSES  OF
DEAD ANIMALS WHICH ARE UNCOOKED, OR WHICH ARE COOKED FOR A PERIOD SHORT-
ER  THAN  THIRTY  MINUTES  OR AT A TEMPERATURE LESS THAN 212°F, OR BOTH.
SUCH RELEASE REQUIRES THAT THE PRODUCTS SO RELEASED SHALL BE  IDENTIFIED
BY  FREELY  SLASHING  AND COVERING ALL EXPOSED SURFACES OF SUCH PRODUCTS
WITH AN EDIBLE GREEN DYE OR OTHER SUITABLE SUBSTANCE AS MAY BE  APPROVED
BY THE COMMISSIONER. SUCH PRODUCTS SHALL OTHERWISE MEET THE REQUIREMENTS
OF THIS CHAPTER.
  S  4.  The  agriculture  and  markets  law  is amended by adding a new
section 85-a to read as follows:
  S 85-A. UNLAWFUL TO CONTRACT FOR DISPOSAL OF UNPROCESSED  GARBAGE.  1.
IT SHALL BE UNLAWFUL FOR THE GOVERNING BODY OF ANY CITY, OR ANY OFFICIAL
OR  EMPLOYEE  OF A CITY, TO ENTER INTO ANY CONTRACT OR AGREEMENT FOR THE
COLLECTION OR DISPOSAL OF GARBAGE  UNLESS  SUCH  CONTRACT  OR  AGREEMENT
REQUIRES  DISPOSAL  OF  GARBAGE IN ACCORDANCE WITH RULES AND REGULATIONS
PROMULGATED BY THE COMMISSIONER, WHEN DISPOSED OF BY OTHER MEANS.
  2. IT SHALL BE UNLAWFUL FOR ANY  PERSON  TO  GIVE,  SELL  OR  TRANSFER
GARBAGE  TO  ANOTHER PERSON, IF SUCH PERSON KNOWS THAT SUCH OTHER PERSON
IS COMMERCIALLY FEEDING THE GARBAGE TO A CLOVEN HOOFED ANIMAL.

A. 7629                             4

  S 5. Section 90-b of the agriculture and markets  law  is  amended  by
adding four new subdivisions 24, 25, 26 and 27 to read as follows:
  24.  THE TERM "DISPOSAL PLANT" MEANS A PLACE OF BUSINESS OR A LOCATION
WHERE THE CARCASSES  OF  DOMESTIC  ANIMALS  OR  PACKINGHOUSE  REFUSE  IS
PURCHASED, RECEIVED OR UNLOADED WHERE SUCH CARCASSES OR REFUSE ARE PROC-
ESSED  FOR  THE PURPOSE OF OBTAINING HIDE, SKIN, GREASE, RESIDUE, OR ANY
OTHER BYPRODUCT FROM THE ANIMAL OR REFUSE, IN ANY WAY WHATSOEVER.
  25. THE TERM "SUBSTATION" MEANS A CONCENTRATION SITE EQUIPPED WITH  AT
LEAST ONE STORAGE BUILDING AND OPERATED AND MAINTAINED FOR THE TEMPORARY
DEPOSIT  OR  STORAGE  OF THE CARCASSES OF DOMESTIC ANIMALS PENDING FINAL
DELIVERY OF THE CARCASSES TO THE DISPOSAL PLANT.
  26. THE TERM "PLACE OF TRANSFER" MEANS A  RELOADING  SITE,  AUTHORIZED
FOR  USE  IN  DIRECT  TRANSFERRING OF CARCASSES OF DOMESTIC ANIMALS FROM
VEHICLES MAKING ORIGINAL PICKUP OR LOADING TO A  LINE  VEHICLE  FOR  THE
TRANSPORTATION OF THE CARCASSES TO THE DISPOSAL PLANT.
  27. THE TERM "CARCASSES OF DOMESTIC ANIMALS" MEANS BODIES, OR ANY PART
OR  PORTION  THEREOF, OF DEAD DOMESTIC ANIMALS NOT SLAUGHTERED FOR HUMAN
FOOD.
  S 6. Paragraph a of subdivision 2 of section 20 of the executive  law,
as  amended  by  chapter  781 of the laws of 1988, is amended to read as
follows:
  a. "disaster" means occurrence or imminent threat of  wide  spread  or
severe  damage,  injury,  or loss of life or property resulting from any
natural or man-made causes, including, but not limited to, fire,  flood,
earthquake,  hurricane,  tornado, high water, landslide, mudslide, wind,
storm, wave action, volcanic activity, epidemic,  CONTAGIOUS  OR  INFEC-
TIOUS  DISEASES, air contamination, blight, drought, infestation, explo-
sion, radiological accident,  water  contamination,  bridge  failure  or
bridge collapse.
  S 7. Section 28 of the executive law is amended by adding a new subdi-
vision 2-a to read as follows:
  2-A.  IN  ADDITION TO THE OTHER POWERS AUTHORIZED BY THIS ARTICLE, THE
GOVERNOR, UPON FINDING THAT A DISASTER HAS OCCURRED PURSUANT TO  ARTICLE
FIVE  OF THE AGRICULTURE AND MARKETS LAW, AND THAT A QUARANTINE OR OTHER
REGULATIONS ARE NECESSARY TO PREVENT THE SPREAD AMONG  DOMESTIC  ANIMALS
OF  ANY  CONTAGIOUS  OR INFECTIOUS DISEASE, MAY ISSUE AN EXECUTIVE ORDER
DECLARING A STATE OF EMERGENCY. IF THE GOVERNOR SHALL ISSUE SUCH  EXECU-
TIVE  ORDER  DECLARING  A  STATE OF EMERGENCY, THE ORDER SHALL REMAIN IN
EFFECT FOR A PERIOD OF FIFTEEN DAYS BUT NOT TO EXCEED SIX MONTHS, UNLESS
OTHERWISE RESCINDED BY THE GOVERNOR.
  S 8. The state finance law is amended by adding a new section 99-t  to
read as follows:
  S 99-T. ANIMAL DISEASE CONTROL FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
TION  AND  FINANCE  A  FUND  TO  BE KNOWN AS THE "ANIMAL DISEASE CONTROL
FUND".
  2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED PURSUANT TO  SUBDI-
VISION  SIX OF SECTION SEVENTY-TWO-B OF THE AGRICULTURE AND MARKETS LAW,
AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND
OR SOURCE PURSUANT TO LAW.
  3. MONEYS OF THE FUND SHALL BE EXPENDED FOR THE PURPOSES  OF  CARRYING
OUT  THE  PROVISIONS  OF  SECTION  SEVENTY-TWO-B  OF THE AGRICULTURE AND
MARKETS LAW. MONEYS SHALL BE PAID OUT OF  THE  FUND  ON  THE  AUDIT  AND
WARRANT OF THE STATE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSION-
ER  OF AGRICULTURE AND MARKETS. ANY INTEREST RECEIVED BY THE COMPTROLLER

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ON MONEYS ON DEPOSIT  IN  THE  ANIMAL  DISEASE  CONTROL  FUND  SHALL  BE
RETAINED IN AND BECOME PART OF SUCH FUND.
  S 9. This act shall take effect on the one hundred twentieth day after
it shall have become a law.