Relates to the licensing of slaughterhouses

Summary of provisions

Sections 1 of the bill would amend Agriculture and Markets Law (AML) 96-b to add a new subdivision 3 requiring that, in addition to any other requirements established by the AML, an applicant for a slaughterhouse license must furnish evidence of (a) good character, experience and competency; (b) adequate facilities and equipment; (c) that the cleanli- ness of the premises can be maintained; and (d) that the product produced will not become adulterated.

Section 2 of the bill would add the same language to AML § 96-b as added by Section 1 of the bill but would not designate that language as subdi- vision 3. This would allow the substance of the amendment to continue after AML § 96-b reverts to an earlier version, without numbered subdi- visions, in accordance with L. 2008, c. 395, § 3.

Section 3 of the bill would amend AML § 96-f by adding a new subdivision 4 to establish additional grounds upon which the Commissioner may decline to grant a new slaughterhouse license, decline to renew such a license, and suspend or revoke such a license after due notice and opportunity for a hearing. The additional grounds are that: any state- ment contained in an application is or was false or misleading; the establishment does not have facilities or equipment sufficient to main- tain adequate sanitation for the activities conducted; the establishment is not maintained in a clean and sanitary condition or is not operated in a sanitary or proper manner; the maintenance and operation of the establishment is such that the product produced therein is or may be adulterated; the establishment has failed or refused to produce any records or provide any information demanded by the Commissioner reason- ably related to the enforcement of Article 5A of the AML; the applicant or licensee, or an officer, director, partner, holder often percent of the voting stock, or any other person exercising any position of manage- ment or control has failed to comply with any of the provisions of the AML or rules and regulations promulgated pursuant thereto; an d any person including the applicant or licensee, or an officer, director, partner or any stockholder, exercising any position of management or control has been convicted of a felony in any court of the United States or any State or Territory and there is a direct relationship between that felony and the license sought or held by the individual.

Section 4 of the bill would provide that the act takes effect 120 days after it becomes law, and would provide that Section 2 of the act takes effect upon the reversion of AML § 96-b in accordance with L. 2008, c. 395, § 3.

Existing law

AML § 96-b(2) prohibits the licensing of any person to operate any place or establishment where animals or fowls are slaughtered for food within a fifteen hundred foot radius of a residential dwelling. The prohibi- tion does not apply to any premises upon which a person, firm, partner- ship or corporation has been continuously conducting business as described in AML § 96-b(2) from a date prior to the effective date of the subdivision.

AML §96-f(1) establishes as cause for the denial of an application for license, or the revocation or suspension of a license already granted: the exposure of meat, fowl or meat food product to insects, live animals or injurious contamination; or the slaughter, possession or sale of unwholesome meat; or the slaughtering, butchering, possession or sale of the fur, hair, skin or flesh of a domesticated dog (canis familiaris) or domesticated cat (felis catus or domesticus).

AML § 96-f(2) provides that after due notice and opportunity to be heard, a license issued to operate any place or establishment where animals or fowls are slaughtered or butchered for food pursuant to AML 96-f(l) shall be revoked upon establishing the failure of three consec- utive inspections.

Prior legislative history

This is a new proposal.

Statement in support

Slaughterhouses licensed pursuant to AML Article 5-A slaughter animals and fowls for food. As noted in the declaration of policy and purpose in AML § 96-a, insanitary conditions in the slaughtering of animals and fowl have been found to exist in this State, and such conditions endan- ger the health and welfare of the People of the State. It was therefore 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. AML Article 5-A was enacted in the exercise of the police power of the State with its purpose as the protection of the public health.

The additional requirements for granting, denying, revoking and suspend- ing AML Article 5-A slaughterhouses licenses will help to prevent the operation of slaughterhouses in New York State under insanitary condi- tions. The addition of these requirements and conditions to those already in AML Article 5-A will subject those persons operating slaught- erhouses to the licensing requirements already established in AML Arti- cle 20-C for operators of food processing establishments. In so doing,

this bill will help to ensure that only qualified applicants are licensed and that a failure to comply with appropriate sanitary and other standards will provide grounds for the denial, revocation and suspension of their slaughterhouse license. This bill implements the policy and purpose of AML § 96-a and will serve to prevent the public health from being endangered by the operation of slaughterhouses by unqualified persons or under insanitary conditions.

Budget implications

None.

Effective date

The bill would provide that the act takes effect 120 days after it becomes law, and that Section 2 of the act takes effect upon the rever- sion of AML § 96-b in accordance with L. 2008, c. 395, § 3.