Extends certain provisions of law relating to the licensing of establishments where animals or fowls are slaughtered

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

Section 1 of this bill amends section 3 of chapter 395 of the laws of 2008, which amended the agriculture and markets law by prohibiting 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, by extending the expiration date to August 5, 2020. Chapter 395 is currently set to expire on August 5, 2016, as extended by chapter 25 of the laws of 2012.

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

S6383 (Martins) / A9158 (Clark) - extension to 2016, chapter 25 of laws of 2012 S5920 (Padavan) / A246-B (Clark) - chapter 395 of laws of 2008

Fiscal implications

None.

Effective date

This act shall take effect immediately, and will expire and be deemed repealed on August 5, 2020.