Bill Text: NY A05109 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5109 2023-2024 Regular Sessions IN ASSEMBLY March 2, 2023 ___________ Introduced by M. of A. GLICK, LUPARDO, SIMON -- read once and referred to the Committee on Agriculture 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 to slaughter or have another person slaughter a horse 6 if such person knows or should know that any part of such horse will be 7 used for human or animal consumption. 8 2. Notwithstanding any other provision of law, it shall be unlawful 9 for any person who owns or is in the process of taking ownership of a 10 horse to import, export, sell, offer to sell or barter, transfer, 11 purchase, possess, transport, deliver, receive, give away, hold, or 12 accept, or direct another person to import, export, sell, offer to sell 13 or barter, transfer, purchase, possess, transport, deliver, receive, 14 give away, hold, or accept a horse, if such person knows or should have 15 known that any part of such horse will be used for human or animal 16 consumption. 17 3. Notwithstanding any other provision of law, it shall be unlawful 18 for any person who owns or is in the process of taking ownership of 19 horseflesh to import, export, sell, offer to sell or barter, transfer, 20 purchase, possess, transport, deliver, receive, give away, hold, or 21 accept, or direct another person to import, export, sell, offer to sell 22 or barter, transfer, purchase, possess, transport, deliver, receive, 23 give away, hold, or accept horseflesh, if such person knows or should 24 have known that such horseflesh will be used for human or animal 25 consumption. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06575-02-3A. 5109 2 1 4. For the purposes of this section: 2 (a) The term "horse" shall include all members of the equine family, 3 including horses, ponies, donkeys, mules, asses and burros; 4 (b) The term "horseflesh" shall mean the flesh of a dead horse, 5 including the animal's viscera, skin, hide, hooves, and bones; 6 (c) The term "person" shall mean an individual, corporation, partner- 7 ship, trust, association or other legal entity; and 8 (d) The term "slaughter" shall mean the intentional killing, or having 9 another kill a horse if such person knows that the purpose of such kill- 10 ing is using any part of such horse for human or animal consumption. 11 5. A violation of this section is a misdemeanor punishable by a fine 12 of not more than one thousand dollars per each horse for an individual 13 person, and up to two thousand five hundred dollars per each horse for a 14 corporation, association, or other entity, for the first violation. Any 15 subsequent violation shall be punishable by a fine of up to two thousand 16 dollars per each horse for an individual person, and up to five thousand 17 dollars per each horse for a corporation, association, or other entity. 18 6. The provisions of this section shall be in addition to, and not in 19 lieu of, any other laws protecting animal welfare. This section shall 20 not be construed to limit any state law or rules protecting the welfare 21 of animals or to prevent a local governing body from adopting and 22 enforcing its own animal welfare laws and regulations. Nothing in this 23 section shall prohibit a person from otherwise lawful disposition of a 24 deceased horse or any part of such horse. 25 7. If any provision of this section, or the application thereof to any 26 person or circumstances, is held invalid or unconstitutional, such inva- 27 lidity or unconstitutionality shall not affect other provisions or 28 applications of this section that can be given effect without the inval- 29 id or unconstitutional provision or application, and to such end the 30 provisions of this section shall be severable. 31 § 2. This act shall take effect on the one hundred twentieth day after 32 it shall have become a law.
