S T A T E O F N E W Y O R K
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2901
2013-2014 Regular Sessions
I N A S S E M B L Y
January 22, 2013
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Introduced by M. of A. CLARK, TITUS, ORTIZ, COOK, SCARBOROUGH -- read
once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to live
poultry markets
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 96-f-1 to read as follows:
S 96-F-1. NOTIFICATION OF MUNICIPALITIES IN CERTAIN INSTANCES. 1. UPON
INSPECTION OF A LIVE POULTRY MARKET PURSUANT TO THIS ARTICLE, THE
COMMISSIONER OR HIS OR HER AUTHORIZED AGENT SHALL NOTIFY THE ZONING OR
PLANNING BOARD OF THE MUNICIPALITY IN WHICH SUCH MARKET IS LOCATED IF,
FOLLOWING THE INITIAL ISSUANCE OF A LICENSE PURSUANT TO THIS ARTICLE,
THE MARKET COMMENCES ADDITIONAL SLAUGHTERING OPERATIONS OVER WHICH THE
DEPARTMENT HAS NO STATUTORY JURISDICTION ON THE SAME PREMISES. THE
COMMISSIONER OR HIS OR HER AUTHORIZED AGENT MAY ALSO NOTIFY ANY ADDI-
TIONAL MUNICIPAL ENTITY AS NECESSARY TO ENSURE THE HEALTH AND SAFETY OF
THE PUBLIC.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THIS SECTION SHALL
APPLY WHETHER OR NOT THE DEPARTMENT HAS ENTERED INTO A CONTRACTUAL
AGREEMENT TO INSPECT SUCH ADDITIONAL SLAUGHTERING OPERATIONS FOR THE
USDA FOOD SAFETY AND INSPECTION SERVICE, PROVIDED FURTHER, HOWEVER, THAT
THE DEPARTMENT SHALL NOT ENTER INTO SUCH CONTRACTUAL AGREEMENTS IF SUCH
OPERATIONS ARE FOUND TO BE IN VIOLATION OF ANY LOCAL ZONING LAW OR REGU-
LATION.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06667-01-3