S T A T E O F N E W Y O R K
________________________________________________________________________
9197
2009-2010 Regular Sessions
I N A S S E M B L Y
October 21, 2009
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Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting the licensing of slaughterhouses within a fifteen hundred foot
radius of a residential dwelling
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 96-b of the agriculture and markets law is amended
by adding a new subdivision 3 to read as follows:
3. IN NEW YORK STATE, EXCEPT IN A CITY WITH A POPULATION OF ONE
MILLION OR MORE, THE COMMISSIONER SHALL NOT LICENSE ANY PERSON, FIRM,
PARTNERSHIP OR CORPORATION TO OPERATE ANY PLACE OR ESTABLISHMENT WHERE
ANIMALS AND/OR FOWLS ARE SLAUGHTERED OR BUTCHERED FOR FOOD WITHIN A
FIFTEEN HUNDRED FOOT RADIUS OF A RESIDENTIAL DWELLING. THIS SUBDIVISION
SHALL NOT APPLY TO ANY PREMISES UPON WHICH A PERSON, FIRM, PARTNERSHIP
OR CORPORATION HAS BEEN CONTINUOUSLY CONDUCTING BUSINESS AS DESCRIBED IN
THIS SUBDIVISION FROM A DATE PRIOR TO THE EFFECTIVE DATE OF THIS SUBDI-
VISION.
S 2. Section 96-b of the agriculture and markets law, as amended by
section 2 of part I1 of chapter 62 of the laws of 2003, is amended to
read as follows:
S 96-b. License required. 1. No person, firm, partnership or corpo-
ration not granted inspection pursuant to the federal meat inspection
act, the federal poultry products inspection act, article five-B or
article five-D of this chapter shall operate any place or establishment
where animals or fowls are slaughtered or butchered for food unless such
person, firm, partnership or corporation be licensed by the commission-
er. In addition to any other requirements established by the commission-
er, such license shall prohibit the slaughter or butchering by slaught-
erhouses of domesticated dog and domesticated cat to create food, meat,
meat by-products or meat food products for human or animal consumption.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14859-01-9
A. 9197 2
An application for license shall be made upon a form prescribed by the
commissioner on or before the first day of May in every other year, for
a two year license period commencing upon the following first day of
June. With the application there shall be paid a license fee of two
hundred dollars.
2. IN NEW YORK STATE, EXCEPT IN A CITY WITH A POPULATION OF ONE
MILLION OR MORE, THE COMMISSIONER SHALL NOT LICENSE ANY PERSON, FIRM,
PARTNERSHIP OR CORPORATION TO OPERATE ANY PLACE OR ESTABLISHMENT WHERE
ANIMALS AND/OR FOWLS ARE SLAUGHTERED OR BUTCHERED FOR FOOD WITHIN A
FIFTEEN HUNDRED FOOT RADIUS OF A RESIDENTIAL DWELLING. THIS SUBDIVISION
SHALL NOT APPLY TO ANY PREMISES UPON WHICH A PERSON, FIRM, PARTNERSHIP
OR CORPORATION HAS BEEN CONTINUOUSLY CONDUCTING BUSINESS AS DESCRIBED IN
THIS SUBDIVISION FROM A DATE PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER
OF THE LAWS OF 2009 WHICH ADDED THIS SUBDIVISION.
S 3. This act shall take effect immediately; provided that the amend-
ments to section 96-b of the agriculture and markets law made by section
one of this act shall be subject to the expiration and reversion of such
section pursuant to section 3 of chapter 395 of the laws of 2008, as
amended, when upon such date the provisions of section two of this act
shall take effect.