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

                                  8639

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2009
                               ___________

Introduced  by  M. of A. MARKEY, CLARK, REILLY -- read once and referred
  to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to the task
  force on the slaughter of non-ambulatory animals; and to amend chapter
  164 of the laws of 2008  amending  the  agriculture  and  markets  law
  relating  to establishing a task force on preventing the slaughter for
  food of non-ambulatory animals in New York state, in relation  to  the
  effectiveness thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 96-n of the agriculture and markets law,  as  added
by chapter 164 of the laws of 2008, is amended to read as follows:
  S  96-n. Task force on the slaughter of non-ambulatory animals. 1. The
task force on the slaughter of non-ambulatory animals is hereby  created
to  examine,  evaluate, and [determine the most] MAKE RECOMMENDATIONS ON
effective [state] actions [to prevent] THAT CAN BE TAKEN  AT  THE  STATE
LEVEL  AND  RECOMMENDED  TO  THE  FEDERAL  GOVERNMENT FOR THE PURPOSE OF
PREVENTING the slaughter of non-ambulatory animals and the  entrance  of
the  meat of non-ambulatory animals to the food supply of New York state
AND PROTECTING PUBLIC HEALTH.
  2. Such task force shall consist of  eleven  members,  each  to  serve
until  January fifteenth, two thousand [ten] ELEVEN.  Such members shall
[be] INCLUDE EIGHT AT LARGE MEMBERS appointed [as follows: two shall  be
appointed  by  the  governor;  two  shall be appointed] by THE GOVERNOR,
INCLUDING TWO UPON THE RECOMMENDATION OF the temporary president of  the
senate;  two  [shall  be  appointed  by]  UPON THE RECOMMENDATION OF the
speaker of the assembly; one [shall be appointed by] UPON THE  RECOMMEN-
DATION OF the minority leader of the senate; and one [shall be appointed
by]  UPON  THE  RECOMMENDATION  OF  the minority leader of the assembly;
provided that at least one member appointed [above] represents an [agri-
cultural] organization based in New  York  state  that  represents  meat

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14039-01-9
              

A. 8639                             2

processors,  ONE MEMBER REPRESENTS AN ORGANIZATION THAT REPRESENTS LIVE-
STOCK PRODUCERS, one member represents New York  state  based  retailers
which  sell  meat  to  the public, one member represents an organization
based in New York state THAT IS dedicated to the humane treatment of and
prevention  of cruelty to animals, ONE MEMBER REPRESENTS AN ORGANIZATION
BASED IN NEW YORK THAT SPECIALIZES IN  CONSUMER  FOOD  SAFETY,  and  one
member   represents  an  organization  representing  veterinary  profes-
sionals[, including large animal veterinarians,] THAT IS active  in  New
York  state.  Additional  members  shall be the commissioner, the chair-
person of the consumer protection board and the commissioner  of  health
or  their designees. Appointments shall be made within sixty days of the
effective date of this section. Vacancies in the  task  force  shall  be
filled in the manner provided for original appointments.
  3.  The [task force shall be chaired by the commissioner or his or her
designee. The task force shall elect a vice-chair  and  other  necessary
officers  from  among all appointed] GOVERNOR SHALL SELECT A CHAIR AND A
VICE-CHAIR FROM AMONG THE  TASK  FORCE'S  members.  A  majority  of  the
members  of  the task force then in office shall constitute a quorum for
the transaction of business or the exercise of any power or function  of
the task force. An act, determination or decision of the majority of the
members  present during the presence of a quorum shall be held to be the
act, determination, or decision of the task force.
  4. The task force shall meet at least [quarterly] THREE TIMES PER YEAR
at the call of the chair. [Meetings may  be  held  via  teleconference.]
Special meetings may be called by the chair at the request of a majority
of  the  members  of  the  task  force.  Members of the task force shall
receive no compensation for their services but shall be  reimbursed  for
their actual expenses incurred in the performance of their duties in the
work of the task force.
  5. The task force established shall:
  (a)  identify,  study  and determine [the] CONCERNS RELATING TO public
health and safety [concerns] AND THE HUMANE TREATMENT OF  NON-AMBULATORY
ANIMALS associated with the [potential] HANDLING OF slaughter of non-am-
bulatory  animals  in the state of New York and the entry of the meat of
non-ambulatory animals into the food supply [in a manner consistent with
the humane treatment of such non-ambulatory animals], including but  not
limited  to  the  operation  and  inspection  BY THE STATE OR THE UNITED
STATES DEPARTMENT OF AGRICULTURE of slaughterhouses  within  the  state,
the  inspection BY THE STATE OR THE UNITED STATES DEPARTMENT OF AGRICUL-
TURE of meat processed out of state and transported into New York state,
the use of coercive techniques or mechanical devices to compel THE move-
ment [out] of [otherwise] non-ambulatory animals, [the]  AN  appropriate
definition  of  [a] non-ambulatory [animal in relation to the ability of
the animal to stand and/or  walk  unassisted  or  assisted,  the  public
auction  or  other  wholesale  or retail sale of meat in New York state]
ANIMALS, and the method and quality of veterinary treatment,  euthaniza-
tion  and  sequestration  of  non-ambulatory animals once they have been
identified and any potential infectious risk to nearby animals;
  (b) evaluate what [state] actions [shall be  taken,  whether  legisla-
tive, regulatory, or intergovernmental,] MAY BE TAKEN AT THE STATE LEVEL
AND  RECOMMENDED  TO  THE FEDERAL GOVERNMENT to ensure the public health
and safety of the people of New York in a  manner  consistent  with  the
humane  treatment  of  such  non-ambulatory  animals  in relation to the
concerns identified in paragraph (a) of this subdivision; and
  (c) prepare a report identifying policy  options  and  recommendations
regarding  legislation  or regulations required to resolve public health

A. 8639                             3

and safety concerns consistent with the humane treatment of  animals  as
identified by paragraphs (a) and (b) of this subdivision.
  6.  The  task force may establish such advisory committees as it deems
appropriate on matters relating to the task force's  [functions,  powers
and  duties]  RESPONSIBILITIES.    Such committees shall be chaired by a
task force member, but may be composed of task force members as well  as
other  individuals  selected  by  the task force to provide expertise of
interest specific to the charge of such committee.
  7. The department shall provide the task force with  such  facilities,
assistance  and  data  as  will  enable  the task force to carry out its
[powers and duties] RESPONSIBILITIES.  Additionally, all other  agencies
of  the state or subdivisions thereof shall, at the request of the chair
[provided] PROVIDE the task force with such facilities, assistance,  and
data as will enable the task force to carry out its powers and duties.
  8.  The  task force shall make a final report of its findings, conclu-
sions, recommendations and activities already  undertaken  by  the  task
force,  not  later than January fifteenth, two thousand [ten] ELEVEN and
shall submit with its reports legislative and regulatory proposals as it
deems necessary to implement its recommendations.
  S 2. Section 2 of chapter 164 of the laws of 2008 amending  the  agri-
culture  and  markets  law  relating  to  establishing  a  task force on
preventing the slaughter for food of non-ambulatory animals in New  York
state, is amended to read as follows:
  S  2.  This act shall take effect immediately and shall expire January
15, [2010] 2011 when upon such date the provisions of this act shall  be
deemed repealed.
  S  3.  This act shall take effect immediately; provided, however, that
the amendments to section 96-n of the agriculture and markets  law  made
by  section  one of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.