Bill Text: NY A00752 | 2019-2020 | General Assembly | Introduced


Bill Title: Pertains to confinement of animals for food producing purposes; prohibits any person to tether or confine any pig during pregnancy, calf raised for veal, or egg-laying hen who is kept on a farm for all or the majority of any day in a manner that prevents such animal from lying down, standing up and fully extending its limbs and turning around freely; establishes that commission of such crime shall constitute a class A misdemeanor punishable by imprisonment for a period not to exceed one year and/or fine not to exceed $1,000.

Spectrum: Moderate Partisan Bill (Democrat 17-2)

Status: (Introduced) 2019-01-10 - referred to agriculture [A00752 Detail]

Download: New_York-2019-A00752-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           752
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 10, 2019
                                       ___________
        Introduced by M. of A. L. ROSENTHAL, PAULIN, GOTTFRIED, DINOWITZ, ENGLE-
          BRIGHT,  ORTIZ, STECK, WEPRIN, COLTON, ZEBROWSKI -- Multi-Sponsored by
          -- M. of A.  CUSICK, GLICK, HEVESI,  MALLIOTAKIS,  MONTESANO,  MOSLEY,
          SIMON,  THIELE,  TITUS  --  read once and referred to the Committee on
          Agriculture
        AN ACT to amend the agriculture and markets  law,  in  relation  to  the
          confinement of animals for food producing purposes
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The agriculture and markets law is amended by adding a  new
     2  section 353-g to read as follows:
     3    §  353-g.  Confinement of animals for food producing purposes. 1.  For
     4  purposes of this section, the following terms shall have  the  following
     5  meanings:
     6    (a)  "Calf  raised for veal" means any calf of the bovine species kept
     7  for the purpose of producing the food product described as veal.
     8    (b) "Covered animals" means any pig during pregnancy, calf raised  for
     9  veal, or egg-laying hen who is kept on a farm.
    10    (c)  "Egg-laying  hen"  means any female domesticated chicken, turkey,
    11  duck, goose, or guinea fowl kept for the purpose of egg production.
    12    (d) "Enclosure" means any cage, crate, or other  structure  (including
    13  what  is  commonly  described  as  a "gestation crate" for pigs, a "veal
    14  crate" for calves, or a "battery cage"  for  egg-laying  hens)  used  to
    15  confine a covered animal.
    16    (e)  "Farm"  means  the  land, building, support facilities, and other
    17  equipment  that  are  wholly  or  partially  used  for  the   commercial
    18  production  of  animals  or  animal products used for food or fiber, and
    19  does not include live animal markets.
    20    (f) "Fully extending its limbs" means fully extending all limbs  with-
    21  out  touching  the  side of an enclosure, including, in the case of egg-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02497-01-9

        A. 752                              2
     1  laying hens, fully spreading both wings without touching the side of  an
     2  enclosure or other egg-laying hens.
     3    (g)  "Person"  means any individual, corporation, partnership, associ-
     4  ation, or other legal entity.
     5    (h) "Pig during pregnancy" means  any  pregnant  pig  of  the  porcine
     6  species kept for the primary purpose of breeding.
     7    (i) "Turning around freely" means turning in a complete circle without
     8  any  impediment, including a tether, and without touching the side of an
     9  enclosure.
    10    2. It shall be unlawful for  any  person  to  tether  or  confine  any
    11  covered animal, as defined in subdivision one of this section, on a farm
    12  for  all  or  the  majority  of  any day, in a manner that prevents such
    13  animal from lying down, standing up and fully extending  its  limbs  and
    14  turning around freely.
    15    3.  This  section  shall  not  apply  during  the  following  lawfully
    16  performed activities:
    17    (A) Transportation,
    18    (B) Exhibitions at rodeos, fairs, youth programs, and similar  exhibi-
    19  tions,
    20    (C) Slaughtering process,
    21    (D) Scientific or agricultural research,
    22    (E) Examination, testing, individual treatment or operation for veter-
    23  inary purposes,
    24    (F)  To  a pig during the seven-day period prior to the pig's expected
    25  date of giving birth.
    26    4. A violation of the provisions of this section is a class  A  misde-
    27  meanor  punishable  by imprisonment for a period not to exceed one year,
    28  or by a fine not to exceed one thousand dollars, or by  both  such  fine
    29  and imprisonment.
    30    5.  Nothing  contained  in  this section shall prevent any town, city,
    31  village or county in New York state from enacting a local law  or  ordi-
    32  nance  to  provide for the humane treatment of and prevention of cruelty
    33  to farm animals, provided, however, that no such law shall conflict with
    34  the provisions of this section.
    35    6. Nothing contained in this section shall be construed to reduce  the
    36  protection  afforded  to  farm  animals  under any other section of this
    37  article or any other law or regulation. Nothing in this section shall be
    38  construed to limit or restrict agents or officers of societies  for  the
    39  prevention  of cruelty to animals or the police from enforcing the other
    40  provisions of this article or any other law or  regulation  relating  to
    41  the humane treatment of or cruelty to animals.
    42    7. This section shall be enforced by the department, and any agent and
    43  officer  of  any duly incorporated society for the prevention of cruelty
    44  to animals may issue an appearance ticket pursuant to section 150.20  of
    45  the  criminal procedure law, summons or arrest, and bring before a court
    46  or magistrate having jurisdiction, any person offending against  any  of
    47  the provisions of this section.
    48    § 2. This act shall take effect twenty-four months after it shall have
    49  become a law.
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