Bonnie S. Klapper, Esq.

51 Division Street, #124

Sag Harbor, New York 11963
bonniesklapper@bskesq.com
Tel: 516-721-0010
Fax: 516-921-2910

November 20, 2022

Commissioner Richard Ball

New York State Department of Agriculture and Markets
12235, 10B Airline Drive
Albany, New York 12205
Commissioner@agriculture.ny.gov
Angie.Valenti@agriculture.ny.gov

Re: Avian Flu Detected in Multiple Live Animal Markets

in New York – Inadequate Protocols Put
Public Health at Risk

Dear Commissioner Ball:

We write as a group of individuals and advocacy groups

concerned about the spread of avian flu in New York State. For the
reasons set forth below, we ask that the Department of Agriculture
and Markets immediately suspend operations of the live markets in
the state.

New York’s live animal markets are storefront slaughterhouses

that are open to the public. Anyone can enter these live animal
markets, without any protective gear, and walk among the tightly
confined animals, selecting the animal they wish to have
slaughtered. Among the animals slaughtered in these markets are
chickens, ducks, quail, turkeys, guinea hens, lambs, goats and
bulls. The sidewalks and streets in front of these markets are
often contaminated with blood, guts, body parts and feces. People,
including elementary students who attend schools near the markets,
step in and track these materials all over the city and state, on
to the subways and into their homes, potentially exposing
themselves and their families to all sorts of diseases, including
avian flu, E coli and salmonella. The stench of these markets
permeates the air to such a degree that area residents, as well as
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passersby, describe the odors as offensive and, at times,

overwhelming. Despite thousands of reports and complaints to city
and state agencies, not one single agency has acted to clean up
these live animal markets, shocking in the best of times and
appalling during a global pandemic caused by unsanitary conditions
at a wet market.

As you no doubt know, live markets are a breeding ground for

organisms that may not cause disease in animal hosts but can be
deadly to humans. According to the Centers for Disease Control and
Prevention, “more than 6 out of every 10 known infectious diseases
in people can be spread from animals, and 3 out of every 4 new or
emerging infectious diseases in people come from animals.”1

New York legislators are aware of the dangers presented by

these live animal markets. In prohibiting new live markets from
opening in residential areas of major cities, the New York Senate
described such markets as follows:

Businesses and residents complained regularly about the

unbearable odor that emanated from the markets, odor
n 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 safety and
environmental laws. Lack of monitoring became especially
frightening in light of Mad Cow disease and recent
outbreaks of avian influenza (“bird flu”).2

Emphasis added.3

1
Centers for Disease Control and Prevention, Zoonotic Diseases (2017),
https://www.cdc.gov/onehealth/basics/zoonotic-diseases.html
2
N.Y. Senate Bill S7345, 2015–2016 Sess. (N.Y. 2016) (justifying, in “Sponsor
Memo” section, amendment of N.Y. Agric. & Mkts. Law § 96-b),
https://www.nysenate.gov/legislation/bills/2015/S7345.
3
Pending before the New York legislature is a bill that would suspend operation
of all live markets in New York State until such time as a safety assessment
study is completed. See A10399, proposed bill.
Page 3 of 5

According to Professor KF Shortridge, a noted microbiologist

at the University of Hong Kong who studied the 2005 avian flu
outbreak which originated in Hong Kong, live bird markets are an
“avian influenza melting pot.” 4

There is no need to speculate as to the possibility of a

highly infectious disease appearing in these live animals markets.
On November 15, 2022, a report was published in the periodical,
Lancasterfarming.com. The report described the detection of avian
flu in a live market in New York.5 At least 170 birds from a
single live market were killed. Further reporting has revealed
that avian flu was linked to approximately 34 live markets in New
York. Many if not most of the New York live animal markets were
required to “sell down” or depopulate the birds on their premises
and close for three days to clean the markets.6

The guidance to “sell down,” meaning sell off, birds from

markets where avian flu was detected defies both logic and good
science. While avian flu does not often cross into the human
population, when it does, it can be deadly.7 Humans have been
infected with bird flu when the virus gets into a person’s eyes,
nose or mouth or is inhaled. Most human infections have occurred
after contact with infected birds or surfaces contaminated with
bird flu virus.8 Handling the meat from birds infected with bird
flu is a surefire way to get infected.9 Permitting these markets to
sell infected birds, when humans will then handle those birds in
the selling or cooking process, is a prescription for another
pandemic.

Shutting the live markets down for three days for deep
cleaning is also poor science. Efforts to purge bird flu viruses
from live poultry markets over the years have been unsuccessful,
despite periodic quarantine, depopulation, cleaning, and
disinfection.10 Simply put, while the avian flu outbreak continues

4
Shortridge KF, Peiris JS, and Guan Y. 2003. The next influenza pandemic: lessons
from Hong Kong. Journal of Applied Microbiology 94(1):70
5
https://www.lancasterfarming.com/farming-news/poultry/170-birds-dead-after-
new-york-live-bird-market-hit-with-avian-influenza/article_049c529e-6510-11ed-
8b70-6b209b6adedc.html
6
https://pfb.com/biosecurity-is-key-in-preventing-avian-influenza-spread/
7
The CDC has said “[i]llnesses in humans from bird flu virus infections
have ranged in severity from no symptoms or mild illness (e.g., eye
infection, upper respiratory symptoms) to severe disease (e.g.,
pneumonia) that resulted in death.”
https://www.cdc.gov/flu/avianflu/inhumans.htm
8
https://www.cdc.gov/flu/avianflu/avian-in-humans.htm
9
https://www.cdc.gov/flu/avianflu/avian-in-humans.htm
Page 4 of 5

and spreads in the United States, there is no safe way for these
live animal markets to operate.11

The only way to protect New Yorkers from a new pandemic

originating in birds is to order live animal markets to cease
operations immediately.12 Failure to do so demonstrates a cavalier
attitude toward human health. Should the next pandemic originate
in these markets, New York’s government officials will have only
themselves to blame. Thus, we urge you to follow the science and
suspend operations of these live markets immediately.

Very truly yours,

United Poultry Concerns

Slaughter free NYC

Humane Long Island

NYCLASS

10

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.humanesociety.org
/sites/default/files/docs/live-bird-markets-and-avian-influenza.pdf
11
Of note, the authors of this letter have reason to believe that at least two
markets remained open in defiance of the Department of Agriculture’s order to
sell down/depopulate, close for three days while cleaning and then reopen. It is
clearly impossible for the DAM to ensure that the live markets followed the DAM
direction.

12
It is incomprehensible that, in April 2022, the DAM banned all fowl auctions,
meets and swaps to limit the spread of avian flu, yet refuses to suspend
operation of the live markets where far more individuals come into contact with
infected birds. See https://agriculture.ny.gov/news/new-york-state-proactively-
bans-all-fowl-auctions-sales-meets-and-swaps-safeguard-against
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