Extends permanently provisions relating to licensing of establishments where animals or fowls are slaughtered

BILL NUMBER:S6175

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

Summary of provisions

Section 1 of the bill amends Section 3 of chapter 395 of the laws of 2008, amending the agriculture and markets law relating to licensing of establishments where animals or fowls are slaughtered, by deleting the expiration and repeal provisions of the original law

Section 2 provides for this act to take effect immediately.

Justification

In 2008 Section 3 of chapter 395 of the laws of 2008, amending the agriculture and markets law to prohibit the commissioner 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.

The original justification for the bill, as set forth below, illustrates exactly why this law should be permanent and not subject to expiration and repeal.

Justification Section of 2008 bill that became Section 3 of chapter 395 of the laws of 2008:

"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." Despite this declaration, the city has failed to adequately control the poor air quality or the numerous health threats that have resulted from the proliferation of live poultry markets in residential/retail communities. Poultry markets currently operating within the city have been a source of great unrest for city occupants. Businesses and residents have complained regularly about the unbearable odor that emanates from the markets, odor that becomes virtually intolerable during the hot summer months. Often, markets have failed to properly dispose of animal entrails, creating undesirable conditions in the streets and on the sidewalks of the city. Floating feathers have clogged sewer drains and air conditioning/heating ducts and present 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 becomes 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 are forced to move away from their homes and businesses are 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

Chapter 395 of the Laws of 2008 2004 - A.11395/S.7707 - Referred to Agriculture 1/04/06 - A.7527 - Referred to Assembly Agriculture

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately.