BILL NUMBER:  S7345

 TITLE OF BILL :  An act to amend chapter 395 of the laws of 2008,
amending the agriculture and markets law relating to licensing of
establishments where animals or fowls are slaughtered, in relation to
the effectiveness thereof

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to maintain a sanitary, healthy, and
comfortable living environment for the residents of New York City.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill would prohibit the commissioner of the department of
agriculture and markets from issuing a license to any establishment
that is located within a 1500 foot radius of a residential dwelling in
New York City where animals and/or fowls are slaughtered or butchered
for food for four years after enactment.

 JUSTIFICATION :

The Administrative Code of the city of New York affirms "it is the
public policy of the city that every person is entitled to air that is
not detrimental to life, health and enjoyment of his or her property."
However prior to 2008, the city had failed to adequately control the
              

poor air quality or the numerous health threats that resulted from the
proliferation of live poultry markets in residential/retail
communities. Poultry markets currently operating within the city had
been a source of great unrest for city occupants.

Businesses and residents complained regularly about the unbearable
odor that emanated from the markets, odor that became virtually
intolerable during the hot summer months. Often, markets failed to
properly dispose of animal entrails, which created undesirable
conditions in the streets and on the sidewalks of the city. Floating
feathers clogged sewer drains and air conditioning/heating ducts and
presented asthma, allergy and respiratory hazards.

Experience in local communities has shown that these markets are not
monitored appropriately due to the inadequate number of state and city
inspectors necessary to ensure market compliance with health, food
safety and environmental laws. Lack of monitoring became especially
frightening in light of Mad Cow disease and recent outbreaks of avian
influenza ("bird flu").

The continued siting of live poultry markets in the midst of dense,
urban and often residential areas has been found to jeopardize both
residential and commercial property values as families were forced to
move away from their homes and businesses were forced to close or
relocate due to employee illness and a loss of customers. Markets that
profit in the on-site slaughter of animals have had a significantly
negative impact on residential and retail communities and steps must
be taken to provide for better planning so that the well being of
residents and the character of the city are preserved.

 PRIOR LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately, and will expire and be deemed repealed four years after
enactment.