United Poultry Concerns June 24, 2005

UPC Letter to the NY State Dept of Agriculture and Markets

June 24, 2005

Dr. Susan Trock, Epidemiologist

Department of Agriculture & Markets10B Airline Drive

Albany, NY 12235

Re: Ely Live Poultry market on Ely Street, Bronx

Please Inspect This Market

Dear Dr. Trock:I am enclosing a DVD copy of the video we produced from footage taken at the Ely Live Poultry market on Ely Street in the Bronx, on December 22, 2003, together with a written opinion (02/21/05) by Holly Cheever, DVM of the conditions depicted in the video.

The conditions depicted in the video appear to be in violation of the Sanitary Precautions and Avian Influenza Control Measures sections of 1 NYCRR Part 45, and Article 5-A: Licensing of Slaughterhouses.

We respectfully request that the Department of Agriculture and Markets conduct an unannounced inspection of this market and send us an inspection report based on the sanitation and disease provisions in 1 NYCRR PART 45 and CIRCULAR 925 Relating To The LICENSING OF SLAUGHTERHOUSES.

Circular 925, Section 96-d, Unlawful acts states: "It shall be unlawful for any person, firm, partnership or corporation to operate any slaughterhouse, abattoir or other place or establishment where animals or fowl are slaughtered or where meat or meat food products are prepared or processed for food unless such place or establishment is maintained and operated in a clean and sanitary manner, and conducted in accordance with the provisions of this article and with the regulations of the commissioner."

1 NYCRR Part 45, Section 45.4: SANITARY PRECAUTIONS states that "all markets, auctions, sales outlets and distribution facilities containing live poultry shall be maintained in a clean and sanitary manner. . . ."

Section 45-6 AVIAN INFLUENZA CONTROL MEASURES states provisions to ensure that measures specified in this section are taken to prevent entry of avian influenza virus into the markets.

Please advise us whether the Ely Live Market has been previously cited for violations and if so, what those violations were. What is this market’s current status and what sanitation and animal health and welfare improvement have been made, if any, since December 2003?

We understand that Assembly Bill 1280-A has passed the New York Assembly and that the Senate companion bill 2517-A is in its third reading, and that the proposed legislation, which would provide for the mandatory revocation of licenses of slaughterhouse operators upon the failure of three consecutive inspections is likely to be enacted into law.

We support these bills and we hope that, if enacted, the proposed legislation will provide a strong incentive to the Department of Agriculture and Markets to oversee, regulate, and improve conditions in the markets, and that the licenses of markets operating in violation of the sanitation and disease provisions and regulations will be revoked.

Thank you for your attention. I look forward to hearing from you.


Karen Davis, PhD


PO Box 150

Machipongo, VA 23405

Phone: 757-678-7875

Fax: 757-678-5070


Enclosures: "Inside a Live Poultry Market" DVD video

Letter from Holly Cheever, DVM Re: the conditions at Ely Poultry market depicted in the video


United Poultry Concerns, Inc.
PO Box 150
Machipongo, VA 23405-0150
FAX: 757-678-5070

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