NY State Senate Bill S7099

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 15, 2010	signed chap.211
Jul 09, 2010	delivered to governor
Jun 23, 2010	returned to senate passed assembly ordered to third reading rules cal.302 substituted for a10557
Jun 17, 2010	referred to codes delivered to assembly passed senate
Jun 07, 2010	advanced to third reading
Jun 03, 2010	2nd report cal.
Jun 02, 2010	1st report cal.716
May 11, 2010	reported and committed to codes
Mar 12, 2010	referred to agriculture

Votes

view votes

Jun 17, 2010 - floor Vote

S7099

floor

Aye

Nay

Absent

Excused

Abstained

Jun 2, 2010 - Codes committee Vote

S7099

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 11, 2010 - Agriculture committee Vote

S7099

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S7099 (ACTIVE) - Details

See Assembly Version of this Bill:: A10557
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §96-b & 96-f, Ag & Mkts L

S7099 (ACTIVE) - Summary

Relates to the licensing of slaughterhouses.

S7099 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S7099

 TITLE OF BILL :
An act to amend the agriculture and markets law, in relation to the
licensing of slaughterhouses


 PURPOSE OF THE BILL :

The bill would conform the qualifications for obtaining a
slaughterhouse license, and the conditions under which such a license
may be declined, suspended or revoked, to the qualifications and
conditions applicable to licensed food processing establishments.

 SUMMARY OF PROVISIONS :

Sections 1 of the bill would amend Agriculture and Markets Law (AML) §
96-b to add a new subdivision 3 requiring that, in addition to any
other requirements established by the AML, an applicant for a
slaughterhouse license must furnish evidence of (a) good character,
experience and competency; (b) adequate facilities and equipment; (c)
that the cleanliness of the premises can be maintained; and (d) that
the product produced will not become adulterated.

Section 2 of the bill would add the same language to AML § 96-b as
added by Section 1 of the bill but would not designate that language

as subdivision 3. This would allow the substance of the amendment to
continue after AML § 96-b reverts to an earlier version, without
numbered subdivisions, in accordance with L. 2008, c. 395, § 3.

Section 3 of the bill would amend AML § 96-f by adding a new
subdivision 4 to establish additional grounds upon which the
Commissioner may decline to grant a new slaughterhouse license,
decline to renew such a license, and suspend or revoke such a license
after due notice and opportunity for a hearing. The additional grounds
are that: any statement contained in an application is or was false or
misleading; the establishment does not have facilities or equipment
sufficient to maintain adequate sanitation for the activities
conducted; the establishment is not maintained in a clean and sanitary
condition or is not operated in a sanitary or proper manner; the
maintenance and operation of the establishment is such that the
product produced therein is or may be adulterated; the establishment
has failed or refused to produce any records or provide any
information demanded by the Commissioner reasonably related to the
enforcement of Article 5A of the AML; the applicant or licensee, or an
officer, director, partner, holder often percent of the voting stock,
or any other person exercising any position of management or control
has failed to comply with any of the provisions of the AML or rules
and regulations promulgated pursuant thereto; an d any person
including the applicant or licensee, or an officer, director, partner
or any stockholder, exercising any position of management or control
has been convicted of a felony in any court of the United States or
any State or Territory and there is a direct relationship between that
felony and the license sought or held by the individual.

Section 4 of the bill would provide that the act takes effect 120 days
after it becomes law, and would provide that Section 2 of the act
takes effect upon the reversion of AML § 96-b in accordance with L.
2008, c. 395, § 3.

 EXISTING LAW :

AML § 96-b(2) prohibits the licensing of any person to operate any
place or establishment where animals or fowls are slaughtered for food
within a fifteen hundred foot radius of a residential dwelling.  The
prohibition does not apply to any premises upon which a person, firm,
partnership or corporation has been continuously conducting business
as described in AML § 96-b(2) from a date prior to the effective date
of the subdivision.

AML §96-f(1) establishes as cause for the denial of an application for
license, or the revocation or suspension of a license already granted:
the exposure of meat, fowl or meat food product to insects, live
animals or injurious contamination; or the slaughter, possession or
sale of unwholesome meat; or the slaughtering, butchering, possession
or sale of the fur, hair, skin or flesh of a domesticated dog (canis
familiaris) or domesticated cat (felis catus or domesticus).

AML § 96-f(2) provides that after due notice and opportunity to be
heard, a license issued to operate any place or establishment where
animals or fowls are slaughtered or butchered for food pursuant to AML
§ 96-f(l) shall be revoked upon establishing the failure of three
consecutive inspections.

 PRIOR LEGISLATIVE HISTORY :

This is a new proposal.

 STATEMENT IN SUPPORT :

Slaughterhouses licensed pursuant to AML Article 5-A slaughter animals
and fowls for food. As noted in the declaration of policy and purpose
in AML § 96-a, insanitary conditions in the slaughtering of animals
and fowl have been found to exist in this State, and such conditions
endanger the health and welfare of the People of the State.  It was
therefore declared to be a matter of legislative determination that
the supervision of the slaughtering of animals and fowl is in the
public interest. AML Article 5-A was enacted in the exercise of the
police power of the State with its purpose as the protection of the
public health.

The additional requirements for granting, denying, revoking and
suspending AML Article 5-A slaughterhouses licenses will help to
prevent the operation of slaughterhouses in New York State under
insanitary conditions. The addition of these requirements and
conditions to those already in AML Article 5-A will subject those
persons operating slaughterhouses to the licensing requirements
already established in AML Article 20-C for operators of food
processing establishments. In so doing, this bill will help to ensure
that only qualified applicants are licensed and that a failure to
comply with appropriate sanitary and other standards will provide
grounds for the denial, revocation and suspension of their
slaughterhouse license. This bill implements the policy and purpose of
AML § 96-a and will serve to prevent the public health from being
endangered by the operation of slaughterhouses by unqualified persons
or under insanitary conditions.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
The bill would provide that the act takes effect 120 days after it
becomes law, and that Section 2 of the act takes effect upon the
reversion of AML § 96-b in accordance with L. 2008, c. 395, § 3.

S7099 (ACTIVE) - Bill Text download pdf

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

                                  7099

                            I N  S E N A T E

                             March 12, 2010
                               ___________

Introduced  by  Sen. AUBERTINE -- (at request of the Department of Agri-
  culture and Markets) -- 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
  licensing of slaughterhouses

  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 ADDITION TO ANY OTHER REQUIREMENTS ESTABLISHED BY THIS  CHAPTER,
AN  APPLICANT  FOR  A  LICENSE  PURSUANT  TO  THIS ARTICLE SHALL FURNISH
EVIDENCE: (A) OF HIS OR HER GOOD CHARACTER, EXPERIENCE  AND  COMPETENCY,
(B) THAT THE ESTABLISHMENT HAS ADEQUATE FACILITIES AND EQUIPMENT FOR THE
BUSINESS  TO  BE  CONDUCTED, (C) THAT THE ESTABLISHMENT IS SUCH THAT THE
CLEANLINESS OF THE PREMISES CAN BE MAINTAINED AND (D) THAT  THE  PRODUCT
PRODUCED THEREIN WILL NOT BECOME ADULTERATED.
  S  2.  Section  96-b  of the agriculture and markets law is amended by
adding a new closing paragraph to read as follows:
  IN ADDITION TO ANY OTHER REQUIREMENTS ESTABLISHED BY THIS CHAPTER,  AN
APPLICANT FOR A LICENSE PURSUANT TO THIS ARTICLE SHALL FURNISH EVIDENCE:
(A)  OF  HIS  OR HER GOOD CHARACTER, EXPERIENCE AND COMPETENCY, (B) THAT
THE ESTABLISHMENT HAS ADEQUATE FACILITIES AND EQUIPMENT FOR THE BUSINESS
TO BE CONDUCTED, (C) THAT THE ESTABLISHMENT IS SUCH THAT THE CLEANLINESS
OF THE PREMISES CAN BE MAINTAINED AND  (D)  THAT  THE  PRODUCT  PRODUCED
THEREIN WILL NOT BECOME ADULTERATED.
  S  3.  Section  96-f  of the agriculture and markets law is amended by
adding a new subdivision 4 to read as follows:
  4. IN ADDITION TO ANY OTHER GROUNDS ESTABLISHED BY  THIS  ARTICLE  FOR
THE  DENIAL, REVOCATION AND SUSPENSION OF LICENSES, THE COMMISSIONER MAY
DECLINE TO GRANT A NEW LICENSE, MAY DECLINE TO RENEW A LICENSE,  OR  MAY
SUSPEND OR REVOKE A LICENSE AFTER DUE NOTICE AND OPPORTUNITY FOR HEARING
WHENEVER HE OR SHE FINDS THAT:
  (A)  ANY  STATEMENT  CONTAINED IN AN APPLICATION FOR LICENSE IS OR WAS
FALSE OR MISLEADING;

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

                                                           LBD15909-02-0

S. 7099                             2

  (B) THE ESTABLISHMENT DOES NOT HAVE FACILITIES OR EQUIPMENT SUFFICIENT
TO MAINTAIN ADEQUATE SANITATION FOR THE ACTIVITIES CONDUCTED;
  (C) THE ESTABLISHMENT IS NOT MAINTAINED IN A CLEAN AND SANITARY CONDI-
TION OR IS NOT OPERATED IN A SANITARY OR PROPER MANNER;
  (D)  THE  MAINTENANCE  AND OPERATION OF THE ESTABLISHMENT IS SUCH THAT
THE PRODUCT PRODUCED THEREIN IS OR MAY BE ADULTERATED;
  (E) THE ESTABLISHMENT HAS FAILED OR REFUSED TO PRODUCE ANY RECORDS  OR
PROVIDE  ANY INFORMATION DEMANDED BY THE COMMISSIONER REASONABLY RELATED
TO THE ADMINISTRATION AND ENFORCEMENT OF THIS ARTICLE;
  (F) THE APPLICANT OR LICENSEE, OR AN OFFICER, DIRECTOR, PARTNER, HOLD-
ER OF TEN PERCENT OF THE VOTING STOCK, OR ANY  OTHER  PERSON  EXERCISING
ANY  POSITION  OF MANAGEMENT OR CONTROL HAS FAILED TO COMPLY WITH ANY OF
THE PROVISIONS OF THIS CHAPTER  OR  RULES  AND  REGULATIONS  PROMULGATED
PURSUANT THERETO; OR
  (G)  ANY  PERSON  INCLUDING  THE APPLICANT OR LICENSEE, OR AN OFFICER,
DIRECTOR, PARTNER OR ANY STOCKHOLDER, EXERCISING ANY POSITION OF MANAGE-
MENT OR CONTROL HAS BEEN CONVICTED OF A  FELONY  IN  ANY  COURT  OF  THE
UNITED  STATES  OR  ANY  STATE  OR  TERRITORY AND THAT THERE IS A DIRECT
RELATIONSHIP BETWEEN THAT FELONY AND THE LICENSE SOUGHT OR HELD  BY  THE
INDIVIDUAL.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the amendments 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.

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The New York State Senate

senate Bill S7099

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 17, 2010 - floor Vote

Floor Vote: Jun 17, 2010

Jun 2, 2010 - Codes committee Vote

Codes Committee Vote: Jun 2, 2010

May 11, 2010 - Agriculture committee Vote

Agriculture Committee Vote: May 11, 2010

S7099 (ACTIVE) - Details

S7099 (ACTIVE) - Summary

S7099 (ACTIVE) - Sponsor Memo

S7099 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7099

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Sponsored By

Darrel J. Aubertine

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 17, 2010 - floor Vote

Floor Vote: Jun 17, 2010

Jun 2, 2010 - Codes committee Vote

Codes Committee Vote: Jun 2, 2010

May 11, 2010 - Agriculture committee Vote

Agriculture Committee Vote: May 11, 2010

S7099 (ACTIVE) - Details

S7099 (ACTIVE) - Summary

S7099 (ACTIVE) - Sponsor Memo

S7099 (ACTIVE) - Bill Text download pdf

Comments