NY State Senate Bill S7680A

Archive: Last Bill Status - In Senate Committee Health Committee

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

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Actions

view actions (3)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 30, 2020	print number 7680a
Sep 30, 2020	amend (t) and recommit to health
Feb 05, 2020	referred to health

Bill Amendments

Original

A (Active)

Original

A (Active)

S7680 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1352, Pub Health L

S7680 - Summary

Prohibits the service of live octopus and squid in restaurants; authorizes the commissioner of the department of health to promulgate regulations pursuant thereto.

S7680 - Sponsor Memo

 
BILL NUMBER: S7680

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the public health law, in relation to prohibiting the
service of live seafood in dining establishments

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the serving of live seafood in restaurants SUMMARY: OF

 
SPECIFIC PROVISIONS:

Section 1352 of the public health law will be amended by adding a new
subdivision 3-a to prohibit the serving of live animals to the dinner
table or to a customer.

 
JUSTIFICATION:

Under current law, restaurants may serve live animals to customers who
desire this dining experience. This practice often occurs with animals
such as octopus, squid, shrimp, lobster, and other shellfish.  Multiple
studies show octopuses, lobsters, shrimp and other crustaceans have a
developed nervous system that allows them to feel pain in the same way
other living and breathing animals would.

Research shows that three fifths of the octopus' neurons are in its
arms, which means the octopus, experiences the dismembering of its own
body before its tragic death. In fact, videos of this torturous ordeal
show animals trying to escape a hot pot or a dish in order to survive,
corroborating multiple study's findings that sea creatures can antic-
ipate a painful and stressful situation. A customer's dining experience
may no longer justify this inhumane practice; it is immoral to put these
animals through such cruel treatment.

By serving a live animal to a guest, patrons are not only causing the
animal grave torture, but also making guests vulnerable to illnesses and
viruses that may derive from raw seafood. Although placing seafood on
ice prior to serving does eliminate parasites, this procedure does not
completely remove all harmful organisms.

The preparation of a live animal lacks proper sanitation procedures and
bypasses the vetting process for food borne illnesses, putting individ-
uals who consume live seafood at great risk of falling ill to live-
threatening diseases. Each year, roughly, 48 million Americans get sick,
128,000 hospitalized, and 3,000 die of foodborne diseases.  New York
State residents may no longer stand idly by as innocent animals are
tortured, and the health of residents are placed in jeopardy for the
sake of a delicacy dish.

This legislation would ban the inhumane practice of serving any kind of
live animal at any dining and drinking establishments in the State of
New York.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Effective immediately

S7680 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7680
 
                             I N  S E N A T E
 
                             February 5, 2020
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation  to  prohibiting  the
   service of live seafood in dining establishments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 1352 of the public health law is amended by  adding
 a new subdivision 3-a to read as follows:
   3-A.  IT SHALL BE UNLAWFUL TO FURNISH OR SERVE IN ANY PUBLIC EATING OR
 DRINKING ESTABLISHMENT, ANY LIVE ANIMAL. IN PREPARING REGULATIONS PURSU-
 ANT TO THIS SUBDIVISION, THE COMMISSIONER SHALL EXPRESSLY  PROHIBIT  THE
 PREPARATION  AND  SALE  OF FISH OR OTHER SEAFOOD WHICH IS BROUGHT TO THE
 DINING TABLE AND/OR SERVED TO A CUSTOMER ALIVE.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00366-01-9

S7680A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1352, Pub Health L

S7680A (ACTIVE) - Summary

Prohibits the service of live octopus and squid in restaurants; authorizes the commissioner of the department of health to promulgate regulations pursuant thereto.

S7680A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7680A

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the public health law, in relation to prohibiting the
service of live octopus and squid in dining establishments

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the serving of live octopus and squid in restaurants

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1352 of the public health law will be amended by adding a new
subdivision 3-a to prohibit the serving of live octopus or squid to the
dinner table or to a customer.

 
JUSTIFICATION:

Under current law, restaurants may serve live animals to customers who
desire this dining experience. This practice often occurs with animals
such as octopus and squid. Multiple studies show octopuses have a devel-
oped nervous system that allows them to feel pain in the same way other
living and breathing animals would. This legislation would not apply to
oysters, clams, scallops or crustacea.

Research shows that three fifths of the octopus' neurons are in its
arms, which means the octopus, experiences the dismembering of its own
body before its tragic death. In fact, videos of this torturous ordeal
show animals trying to escape a hot pot or a dish in order to survive,
corroborating multiple study's findings that octopus and squid can
anticipate a painful and stressful situation. A customer's dining expe-
rience may no longer justify this inhumane practice; it is immoral to
put these animals through such cruel treatment.

By serving a live octopus or squid to a guest, patrons are not only
causing the animal grave torture, but also making guests vulnerable to
illnesses and viruses that may derive from raw seafood. Although placing
seafood on ice prior to serving does eliminate parasites, this procedure
does not completely remove all harmful organisms.

The preparation of a live squid and octopus lacks proper sanitation
procedures and bypasses the vetting process for food borne illnesses,
putting individuals who consume live seafood at great risk of falling
ill to life threatening diseases. Each year, roughly, 48 million Ameri-
cans get sick, 128,000 hospitalized, and 3,000 die of foodborne
diseases. New York State residents may no longer stand idly by as inno-
cent squid and octopus are tortured, and the health of residents are
placed in jeopardy for the sake of a delicacy dish.

This legislation would ban the inhumane practice of serving live octopus
or squid at any dining and drinking establishments in the State of New
York.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Effective immediately

S7680A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7680--A
 
                             I N  S E N A T E
 
                             February 5, 2020
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the public health law, in relation to prohibiting the
   service of live octopus and squid in dining establishments

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 1352 of the public health law is amended by adding
 a new subdivision 3-a to read as follows:
   3-A. IT SHALL BE UNLAWFUL TO FURNISH OR SERVE IN ANY PUBLIC EATING  OR
 DRINKING  ESTABLISHMENT,  ANY  LIVE  OCTOPUS  OR SQUID (CEPHALOPODA). IN
 PREPARING REGULATIONS PURSUANT TO  THIS  SUBDIVISION,  THE  COMMISSIONER
 SHALL  EXPRESSLY  PROHIBIT THE PREPARATION AND SALE OF OCTOPUS AND SQUID
 (CEPHALOPODA) WHICH IS BROUGHT TO THE DINING TABLE AND/OR  SERVED  TO  A
 CUSTOMER ALIVE.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00366-06-0

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The New York State Senate

senate Bill S7680A

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Your Voice

Actions

Bill Amendments

S7680 - Details

S7680 - Summary

S7680 - Sponsor Memo

S7680 - Bill Text download pdf

S7680A (ACTIVE) - Details

S7680A (ACTIVE) - Summary

S7680A (ACTIVE) - Sponsor Memo

S7680A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7680A

Share this bill

Sponsored By

Monica R. Martinez

Archive: Last Bill Status - In Senate Committee Health Committee

Your Voice

Actions

Bill Amendments

S7680 - Details

S7680 - Summary

S7680 - Sponsor Memo

S7680 - Bill Text download pdf

S7680A (ACTIVE) - Details

S7680A (ACTIVE) - Summary

S7680A (ACTIVE) - Sponsor Memo

S7680A (ACTIVE) - Bill Text download pdf

Comments