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A02862 Summary:

BILL NOA02862
 
SAME ASNo Same As
 
SPONSORJones
 
COSPNSR
 
MLTSPNSR
 
Add Art 5-A §96-bb, amd §§96-m & 96-z-28, Ag & Mkts L
 
Relates to the exemption from inspection for certain meat products.
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A02862 Actions:

BILL NOA02862
 
01/27/2023referred to agriculture
01/03/2024referred to agriculture
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A02862 Memo:

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.
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A02862 Text:



 
                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.
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