Bill Text: NY A05109 | 2023-2024 | General Assembly | Amended
Bill Title: Prohibits any person, corporation, association, or other entity from slaughtering a horse where such person, corporation, association, or other entity knows or has reason to know that such horse will be used for human or animal consumption; prohibits any person, corporation, association, or other entity from possessing, selling, importing, etc,, a horse or horseflesh if such person, corporation, association, or other entity knows or should have known that any part of such horse or horseflesh will be used for human or animal consumption; provides penalties for violation.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Introduced) 2023-06-07 - substituted by s2163b [A05109 Detail]
Download: New_York-2023-A05109-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5109--A 2023-2024 Regular Sessions IN ASSEMBLY March 2, 2023 ___________ Introduced by M. of A. GLICK, LUPARDO, SIMON, BURDICK, EPSTEIN, DINOW- ITZ, STIRPE, THIELE, L. ROSENTHAL, LAVINE, WOERNER, CRUZ -- read once and referred to the Committee on Agriculture -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the agriculture and markets law, in relation to prohib- iting the slaughtering of horses for human or animal consumption 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 385 to read as follows: 3 § 385. Prohibition of slaughtering horses for human or animal consump- 4 tion. 1. Notwithstanding any other provision of law, it shall be unlaw- 5 ful for any person, corporation, association, or other entity to slaugh- 6 ter or have another person, corporation, association, or other entity 7 slaughter a horse if any part of such horse will be used for human or 8 animal consumption. 9 2. Notwithstanding any other provision of law, it shall be unlawful 10 for any person, corporation, association, or other entity who owns or is 11 in the process of taking ownership of a horse to import, export, sell, 12 offer to sell or barter, transfer, purchase, possess, transport, deliv- 13 er, receive, give away, hold, or accept, or direct another person to 14 import, export, sell, offer to sell or barter, transfer, purchase, 15 possess, transport, deliver, receive, give away, hold, or accept a 16 horse, with the intent of slaughtering or having another person, corpo- 17 ration, association, or other entity slaughter such horse for the 18 purpose of human or animal consumption. 19 3. Notwithstanding any other provision of law, it shall be unlawful 20 for any person, corporation, association, or other entity who owns or is 21 in the process of taking ownership of horseflesh to import, export, 22 sell, offer to sell or barter, transfer, purchase, possess, transport, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06575-04-3A. 5109--A 2 1 deliver, receive, give away, hold, or accept, or direct another person 2 to import, export, sell, offer to sell or barter, transfer, purchase, 3 possess, transport, deliver, receive, give away, hold, or accept horse- 4 flesh, with the intent of slaughtering or having another person, corpo- 5 ration, association, or other entity slaughter such horse for the 6 purpose of human or animal consumption. 7 4. For the purposes of this section: 8 (a) The term "horseflesh" shall mean the flesh of a dead horse, 9 including the animal's viscera, skin, hide, hooves, and bones; and 10 (b) The term "slaughter" shall mean the intentional killing, or having 11 another kill a horse if such person knows that the purpose of such kill- 12 ing is using any part of such horse for human or animal consumption. 13 5. A violation of this section is a misdemeanor punishable by a fine 14 of not more than one thousand dollars per horse for an individual 15 person, and up to two thousand five hundred dollars per horse for a 16 corporation, association, or other entity, for the first violation. Any 17 subsequent violation shall be punishable by a fine of up to two thousand 18 dollars per horse for an individual person, and up to five thousand 19 dollars per horse for a corporation, association, or other entity. 20 6. The provisions of this section shall be in addition to, and not in 21 lieu of, any other laws protecting animal welfare. This section shall 22 not be construed to limit any state law or rules protecting the welfare 23 of animals or to prevent a local governing body from adopting and 24 enforcing its own animal welfare laws and regulations. Nothing in this 25 section shall prohibit a person from otherwise lawful disposition of a 26 deceased horse or any part of such horse. 27 7. If any provision of this section, or the application thereof to any 28 person or circumstances, is held invalid or unconstitutional, such inva- 29 lidity or unconstitutionality shall not affect other provisions or 30 applications of this section that can be given effect without the inval- 31 id or unconstitutional provision or application, and to such end the 32 provisions of this section shall be severable. 33 § 2. This act shall take effect on the one hundred twentieth day after 34 it shall have become a law.
