senate Bill S80

2011-2012 Legislative Session

Relates to the non-therapeutic use of antimicrobial agents in animals

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to agriculture
Apr 05, 2011 notice of committee consideration - requested
Jan 05, 2011 referred to agriculture

Co-Sponsors

S80 - Bill Details

See Assembly Version of this Bill:
A5582
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง84, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
S7949, A11272

S80 - Bill Texts

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Relates to restrictions on non-therapeutic use of antimicrobial agents in animals in the absence of any clinical sign of disease in the animals.

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BILL NUMBER:S80

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to non-therapeutic
use of antimicrobial agents in animals

PURPOSE:
To prohibit the nontherapeutic use of antimicrobial agents in animals
raised for human consumption.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new section 84 to the agriculture and
markets law to prohibit the nontherapeutic use of antimicrobial
agents in animals raised for human consumption, including animals
that provide non-meat food products such as eggs and milk. The new
section 84 defines antimicrobial agent and the nontherapeutic use of
antimicrobial agents, prohibits the sale and transport of such animal
products, and allows the commissioner of the department of
agriculture and markets to promulgate and adopt rules and regulations
to give effect to the law. The legislation provides that violation of
this section will constitute a class A misdemeanor.

Section 2 of the bill sets forth the effective date.

JUSTIFICATION:
The purpose of the bill is to address concerns about antibiotic
resistant infections in humans and other potentially adverse effects
of routine exposure to antimicrobial agents in the food supply, as
well as the resulting increase in health care costs. This legislation
would ban the nontherapeutic use of antimicrobial agents in cattle,
poultry, sheep, swine, and any other animal raised for human
consumption, including animals that provide non-meat food products.
Banning the use of antimicrobial agents in healthy animals is
important, as excessive use may result in stronger and more
drug-resistant strains of bacteria, viruses, parasites, and other
microorganisms that endanger human health.

European Union regulation 1831/2003/EC bans antibiotics in livestock
outright, while a federal bill, the "Preservation of Antibiotics for
Medical Treatment Act," (HR 1549) exemplifies the momentum behind
this movement in the United States. Well-known organizations
concerned about antibiotic resistance include the Centers for Disease
Control, the World Health Organization, and the American Medical
Association.

LEGISLATIVE HISTORY:
2010: S.7949/A.11272

FISCAL IMPACT ON THE STATE:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or


regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed
on or before such effective date.

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

                                   80

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. SQUADRON -- 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  non-
  therapeutic use of antimicrobial agents in animals

  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 84 to read as follows:
  S  84. NON-THERAPEUTIC USE OF ANTIMICROBIAL AGENTS. 1. AS USED IN THIS
SECTION:
  (A) "ANTIMICROBIAL AGENT" SHALL MEAN ANY DRUG OR DERIVATIVE OF A  DRUG
THAT IS USED IN HUMANS OR INTENDED FOR USE IN HUMANS TO TREAT OR PREVENT
DISEASE  OR  INFECTION, OR ANY SUBSTANCE, WHETHER PRODUCED SYNTHETICALLY
OR NATURALLY, USED TO KILL OR INHIBIT THE GROWTH OF  BACTERIA,  VIRUSES,
FUNGI, PARASITES, OR OTHER MICROORGANISMS.
  (B)"NON-THERAPEUTIC USE OF ANTIMICROBIAL AGENTS" SHALL MEAN ANY USE OF
ANTIMICROBIAL  AGENTS,  INCLUDING  WITHOUT LIMITATION AS A FEED OR WATER
ADDITIVE, FOR AN ANIMAL FOR GROWTH PROMOTION,  FEED  EFFICIENCY,  WEIGHT
GAIN,  ROUTINE  DISEASE  PREVENTION,  OR  OTHER  ROUTINE PURPOSE, IN THE
ABSENCE OF ANY CLINICAL SIGN OF DISEASE IN THE ANIMAL.
  2. (A) NO PERSON SHALL ENGAGE IN THE NON-THERAPEUTIC USE OF ANTIMICRO-
BIAL AGENTS IN CATTLE, POULTRY, SHEEP, SWINE, OR ANY ANIMAL  RAISED  FOR
THE  PURPOSE  OF PROVIDING FOOD FOR HUMAN CONSUMPTION, INCLUDING ANIMALS
THAT PROVIDE NON-MEAT FOOD PRODUCTS SUCH AS EGGS AND MILK.
  (B) NO PERSON SHALL SELL, EXPOSE FOR SALE, OR TRANSPORT FOR SALE WITH-
IN THIS STATE, REGARDLESS OF PLACE OF ORIGIN, ANY FOOD  PRODUCT  DERIVED
FROM  AN  ANIMAL THAT HAS BEEN SUBJECT TO NON-THERAPEUTIC USE OF ANTIMI-
CROBIAL AGENTS.
  3. VIOLATION OF THIS SECTION SHALL CONSTITUTE A CLASS A MISDEMEANOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00442-01-1

S. 80                               2

  4. THE COMMISSIONER SHALL PROMULGATE AND ADOPT RULES  AND  REGULATIONS
TO GIVE FULL EFFECT TO THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

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