S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9708
 
                           I N  A S S E M B L Y
 
                             February 6, 2020
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to  requir-
   ing  licensed  slaughterhouses to have closed circuit camera and tele-
   vision systems and establishing a reporting  requirement  pursuant  to
   inspections where a violation is found

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 96-a of the agriculture and markets law, as amended
 by chapter 573 of the laws of 2002, is amended to read as follows:
   § 96-a. Declaration of policy and purpose.  Whereas unsanitary  condi-
 tions  in  the slaughtering of animals and fowl for food have been found
 to exist in this state, and whereas such conditions endanger the  health
 and welfare of the people AND ANIMALS AND FOWL of the state, it is here-
 by  declared to be a matter of legislative determination that the super-
 vision of the slaughtering of animals and fowl is in the  public  inter-
 est,  and  that  this  article  is enacted in the exercise of the police
 power of the state and its purposes are the  protection  of  the  public
 health.
   § 2. Subdivision 1 of section 96-b of the agriculture and markets law,
 as  amended  by  chapter  395 of the laws of 2008, is amended to read as
 follows:
   1. No person, firm, partnership or corporation 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  chap-
 ter  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 commissioner. In addition to any other
 requirements established by the commissioner, such license shall prohib-
 it  the  slaughter  or butchering by slaughterhouses of domesticated dog
 and domesticated cat to create food, meat, meat by-products or meat food
 products for human or animal consumption.   SUCH LICENSE  SHALL  REQUIRE
 ANY  PERSON, FIRM, PARTNERSHIP, OR CORPORATION THAT HAS A LICENSE PURSU-
 ANT TO THIS ARTICLE TO INSTALL AND OPERATE A CLOSED CIRCUIT  CAMERA  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD10902-03-9

 A. 9708                             2
 
 TELEVISION  SYSTEM  IN  ALL  AREAS  WHERE LIVE ANIMALS ARE PRESENT. SUCH
 CAMERAS SHALL BE PLACED TO ENSURE THERE IS A COMPLETE AND CLEAR VIEW  OF
 ALL  AREAS  CONTAINING  LIVE  ANIMALS.  THE  COMMISSIONER AND HIS OR HER
 DESIGNEES,  THE  POLICE AND OTHER LAW ENFORCEMENT OFFICERS AUTHORIZED TO
 ENFORCE ARTICLE TWENTY-SIX OF THIS CHAPTER OR OTHER LAWS  PERTAINING  TO
 THE  HUMANE TREATMENT OF ANIMALS, CRUELTY TO ANIMALS, OR ENDANGERING THE
 LIFE OR HEALTH OF ANIMALS, SHALL HAVE UNRESTRICTED ACCESS TO THE FOOTAGE
 FROM SUCH CLOSED CIRCUIT CAMERA AND TELEVISION SYSTEMS.  RECORDINGS  FOR
 EACH  DAY  SHALL  BE  RETAINED  BY  THE LICENSEE FOR AT LEAST SIX MONTHS
 BEFORE IT CAN BE DELETED. 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.
   § 3. The opening paragraph of section  96-b  of  the  agriculture  and
 markets  law,  as  amended by section 2 of part I-1 of chapter 62 of the
 laws of 2003, is amended to read as follows:
   No person, firm, partnership or  corporation  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  chap-
 ter  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 commissioner. In addition to any other
 requirements established by the commissioner, such license shall prohib-
 it  the  slaughter  or butchering by slaughterhouses of domesticated dog
 and domesticated cat to create food, meat, meat by-products or meat food
 products for human or animal consumption.   SUCH LICENSE  SHALL  REQUIRE
 ANY  PERSON, FIRM, PARTNERSHIP, OR CORPORATION THAT HAS A LICENSE PURSU-
 ANT TO THIS ARTICLE TO INSTALL AND OPERATE A CLOSED CIRCUIT  CAMERA  AND
 TELEVISION  SYSTEM  IN  ALL  AREAS  WHERE LIVE ANIMALS ARE PRESENT. SUCH
 CAMERAS SHALL BE PLACED TO ENSURE THERE IS A COMPLETE AND CLEAR VIEW  OF
 ALL  AREAS  CONTAINING  LIVE  ANIMALS.  THE  COMMISSIONER AND HIS OR HER
 DESIGNEES, THE POLICE AND OTHER LAW ENFORCEMENT OFFICERS  AUTHORIZED  TO
 ENFORCE  ARTICLE  TWENTY-SIX OF THIS CHAPTER OR OTHER LAWS PERTAINING TO
 THE HUMANE TREATMENT OF ANIMALS, CRUELTY TO ANIMALS, OR ENDANGERING  THE
 LIFE OR HEALTH OF ANIMALS, SHALL HAVE UNRESTRICTED ACCESS TO THE FOOTAGE
 FROM  SUCH CLOSED CIRCUIT CAMERA AND TELEVISION SYSTEMS.  RECORDINGS FOR
 EACH DAY SHALL BE RETAINED BY THE  LICENSEE  FOR  AT  LEAST  SIX  MONTHS
 BEFORE  IT CAN BE DELETED. 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.
   §  4.  The  agriculture  and  markets  law  is amended by adding a new
 section 96-f-1 to read as follows:
   § 96-F-1. MANDATORY REPORTING PURSUANT TO INSPECTION.  ANY  AUTHORIZED
 PERSON  CONDUCTING AN INSPECTION OF A SLAUGHTERHOUSE OR REVIEWING CLOSED
 CIRCUIT CAMERA FOOTAGE AS SPECIFIED  IN  SECTION  NINETY-SIX-B  OF  THIS
 ARTICLE  SHALL,  UPON  BELIEF THAT ARTICLE TWENTY-SIX OF THIS CHAPTER OR
 ANY OTHER LAW PERTAINING TO THE HUMANE TREATMENT OF ANIMALS, CRUELTY  TO
 ANIMALS,  OR  ENDANGERING  THE  LIFE  OR  HEALTH  OF  ANIMALS  HAVE BEEN
 VIOLATED, REPORT THE SUSPECTED VIOLATION TO THE LOCAL POLICE  DEPARTMENT
 AND  LOCAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER LAW
 ENFORCEMENT OFFICERS AUTHORIZED TO ENFORCE SUCH LAWS. ORAL REPORTS SHALL
 BE FOLLOWED BY A WRITTEN REPORT WITHIN FORTY-EIGHT HOURS  OF  SUCH  ORAL
 REPORT, OR AS SOON AS IS REASONABLY POSSIBLE.

 A. 9708                             3
 
   § 5. This act shall take effect two years after it shall have become a
 law,  provided  that  the amendments to subdivision 1 of section 96-b of
 the agriculture and markets law made by section two of this act shall be
 subject to the expiration and reversion of such subdivision pursuant  to
 section 3 of chapter 395 of the laws of 2008, as amended, when upon such
 date  the  provisions  of  section  three of this act shall take effect.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized and directed  to  be  made  and  completed  six
 months prior to such effective date.