NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9254
SPONSOR: Weprin TITLE OF BILL:
An act to amend chapter 395 of the laws of 2008, amending the agricul-
ture and markets law relating to licensing of establishments where
animals or fowls are slaughtered, in relation to the effectiveness ther-
eof
PURPOSE:
The purpose of this bill is to maintain a sanitary, healthy, and
comfortable living environment for the residents of New York City.
SUMMARY OF PROVISIONS:
This bill would prohibit the commissioner of the department of agricul-
ture 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 additional years after enactment.
EXISTING LAW:
This license moratorium is currently set to expire in August of 2024.
This bill would extend the moratorium to August of 2028.
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 safe-
ty and environmental laws. Lack of monitoring became especially fright-
ening in light of Mad Cow disease and recent outbreaks of avian influen-
za ("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 relo-
cate 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.
LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None.
LOCAL FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately, and will expire and be deemed repealed August 5, 2028.
STATE OF NEW YORK
________________________________________________________________________
9254
IN ASSEMBLY
February 22, 2024
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Agriculture
AN ACT to amend chapter 395 of the laws of 2008, amending the agricul-
ture and markets law relating to licensing of establishments where
animals or fowls are slaughtered, in relation to the effectiveness
thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3 of chapter 395 of the laws of 2008, amending the
2 agriculture and markets law relating to licensing of establishments
3 where animals or fowls are slaughtered, as amended by chapter 135 of the
4 laws of 2020, is amended to read as follows:
5 § 3. This act shall take effect immediately; and shall expire and be
6 deemed repealed August 5, [2024] 2028.
7 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14446-01-4
