October 15, 2008
Dr. John Huntley, DVM, MPH, Director
Division of Animal Husbandry
NYS Department of Agriculture and Markets
10B Airline Drive
Albany, NY 12235
Dear Dr. Huntley:
I am in receipt of your September 12, 2008 reply to my inquiry about the definition of “wholesome air” in Section 356 of Article 26 relating to CRUELTY TO ANIMALS. However, your letter does not respond to my question, and I am therefore writing to you again for an answer responsive to the specific question that I asked you, which was not about enforcement of the provisions of Article 26 of the Agriculture and Markets Law, such as Section 356. I specifically asked for the statutory definition of the term “wholesome air” in Section 356.
My letters to you, of September 10 and July 16, 2008, specifically asked:
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What constitutes “wholesome air” in Section 356 of Article 26?
What constitutes “unwholesome air” in Section 356 of Article 26?
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What are the precise components of “wholesome air,” and what criteria are used to determine that the air in a confined animal situation, as defined in Section 356 of Article 26, is either “wholesome” or “unwholesome”?
Enforcement of a statutory provision requires a firm definition of the key term(s) of the provision within the statute. Otherwise the constables, police officers and agent or officers you mention in your letter have no legal basis on which to make their determinations. “Opinions interpreting the provisions of Article 26” imply statutory definitions on which to base the opinions. Please provide a responsive definition of the adjective “wholesome” in the term “wholesome air” in Section 356 of Article 26.
Thank you for your attention. Please note our correct address:
United Poultry Concerns, Inc.
PO Box 150
Machipongo, VA 23405-0150
Sincerely,
Karen Davis, PhD
President
Karen@upc-online.org
United Poultry Concerns, Inc.
PO Box 150
Machipongo, VA 23405-0150
757-678-7875
FAX: 757-678-5070
www.upc-online.org
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