NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2862
SPONSOR: Jones
 
TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to the
exemption from inspection for certain meat products
 
PURPOSE:
This bill would allow for the exemption from certain federal inspections
for small, local farmers who are processing for consumption within the
state.
 
SUMMARY OF PROVISIONS:
This bill amends sections within Article 5-A of the Agriculture and
Markets Law. Section 1 adds section 96-bb to the Article, which details
the exemptions from inspection. Operations will be exempt from
inspection if they would similarly be exempt from corresponding require-
ments under the Federal Meat Inspection Act or the Federal Poultry
Products Inspection Act.
This bill also amends sections 96-m and 96-z-28 of the Agriculture and
Markets Law, in reference to changes made in Article 5-A.
 
JUSTIFICATION:
Federal inspections currently require that the facility which is being
used for meat processing be cleaned between each procedure, regardless
of the amount of remains This leaves smaller farmers at a competitive
disadvantage, frequently pushed out by larger orders. While intended to
protect consumers, this regulation has the effect of limiting access to
local products. Removing this extra layer of federal regulations will
support small, local farmers in processing their own products. However,
removing this one layer will not leave small-scale production unregu-
lated as inspectors will continue to periodically review processing
according to traditional inspection expectations, as well as performing
any examinations necessary to maintain safety practices. Additionally,
meat processing which falls into this category will be limited to sale
within the state. This legislation will embrace the spirit of sustaina-
bility as well as entrepreneurship in supporting local farmers in proc-
essing their own products, saving both time and money.
 
LEGISLATIVE HISTORY:
02/04/21referred to agriculture
01/05/22referred to agriculture
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2862
2023-2024 Regular Sessions
IN ASSEMBLY
January 27, 2023
___________
Introduced by M. of A. JONES -- read once and referred to the Committee
on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the
exemption from inspection for certain meat products
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 5-A of the agriculture and markets law is amended
2 by adding a new section 96-bb to read as follows:
3 § 96-bb. Exemption from inspection. 1. The operations of any person,
4 firm, partnership or corporation shall be exempted from inspection if
5 and to the extent the operations would be exempt from the corresponding
6 requirements under the Federal Meat Inspection Act or the Federal Poul-
7 try Products Inspection Act if they were conducted for intrastate
8 commerce or if the state were designated under the federal acts as one
9 in which the federal requirements apply to intrastate commerce.
10 2. The commissioner may cause establishments which are required to be
11 licensed under section ninety-six-b of this article, but exempt from
12 inspection under this article, to be periodically reviewed by inspectors
13 to ensure that the provisions of this article are complied with, and
14 that the public health, safety and welfare is protected.
15 3. Any periodic review shall include: an examination of the licensed
16 establishment's sanitation practices; sanitation of the areas where
17 meat and poultry products are prepared, stored and displayed; the
18 adequacy of any refrigeration system used for meat food products and/or
19 poultry products; labeling of meat food products and/or poultry products
20 for wholesomeness and adulteration. In addition, the inspector conduct-
21 ing the periodic review may conduct any other examination necessary to
22 ensure compliance with this article and rules adopted pursuant to this
23 chapter.
24 § 2. Section 96-m of the agriculture and markets law, as amended by
25 chapter 342 of the laws of 1982, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04360-01-3
A. 2862 2
1 § 96-m. Sale of inspected meat. All carcasses of animals, parts ther-
2 eof, meat, meat by-products, and meat food products bearing an
3 inspection legend or meat label affixed after a federal inspection may
4 be sold, exposed for sale, exchanged or transported at all places within
5 the state, except that dressed carcasses of equines or other large
6 domesticated animals, parts, meat, meat by-products and meat food
7 products thereof may be sold, exposed for sale, exchanged or transported
8 only in accordance with such rules and regulations as may be enacted by
9 the commissioner. Except as exempted by the provisions of article five-A
10 of this chapter.
11 § 3. Section 96-z-28 of the agriculture and markets law, as amended by
12 chapter 341 of the laws of 1982, is amended to read as follows:
13 § 96-z-28. Inspection legend required. Except as exempted by the
14 provisions of the Federal Poultry Products Inspection Act or article
15 five-A of this chapter, no poultry or poultry product for human consump-
16 tion, shall be sold, exposed for sale, exchanged or transported within
17 the state unless the same shall bear an official inspection mark affixed
18 pursuant to a federal inspection.
19 § 4. This act shall take effect immediately.