Bill Text: NY A09449 | 2011-2012 | General Assembly | Introduced

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Bill Title: Pertains to confinement of certain animals for food producing purposes; prohibits any person to tether or confine any pig during pregnancy or calf raised for veal 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 18-5)

Status: (Introduced - Dead) 2012-03-01 - referred to agriculture [A09449 Detail]

Download: New_York-2011-A09449-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9449
                                 I N  A S S E M B L Y
                                     March 1, 2012
                                      ___________
       Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
         Committee on Agriculture
       AN ACT to amend the agriculture and markets  law,  in  relation  to  the
         confinement of certain 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-e to read as follows:
    3    S  353-E.  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 OR A CALF  RAISED
    9  FOR VEAL.
   10    (C)  "ENCLOSURE"  MEANS ANY CAGE, CRATE, OR OTHER STRUCTURE (INCLUDING
   11  WHAT IS COMMONLY DESCRIBED AS A "GESTATION CRATE" FOR PIGS  OR  A  "VEAL
   12  CRATE" FOR CALVES, USED TO CONFINE A COVERED ANIMAL.
   13    (D)  "FARM"  MEANS  THE  LAND, BUILDING, SUPPORT FACILITIES, AND OTHER
   14  EQUIPMENT  THAT  ARE  WHOLLY  OR  PARTIALLY  USED  FOR  THE   COMMERCIAL
   15  PRODUCTION  OF  ANIMALS  OR  ANIMAL PRODUCTS USED FOR FOOD OR FIBER, AND
   16  DOES NOT INCLUDE LIVE ANIMAL MARKETS.
   17    (E) "FULLY EXTENDING ITS LIMBS" MEANS FULLY EXTENDING ALL LIMBS  WITH-
   18  OUT TOUCHING THE SIDE OF AN ENCLOSURE.
   19    (F)  "PERSON"  MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, ASSOCI-
   20  ATION, OR OTHER LEGAL ENTITY.
   21    (G) "PIG DURING PREGNANCY" MEANS  ANY  PREGNANT  PIG  OF  THE  PORCINE
   22  SPECIES KEPT FOR THE PRIMARY PURPOSE OF BREEDING.
   23    (H) "TURNING AROUND FREELY" MEANS TURNING IN A COMPLETE CIRCLE WITHOUT
   24  ANY  IMPEDIMENT, INCLUDING A TETHER, AND WITHOUT TOUCHING THE SIDE OF AN
   25  ENCLOSURE.
   26    2. IT SHALL BE UNLAWFUL FOR  ANY  PERSON  TO  TETHER  OR  CONFINE  ANY
   27  COVERED ANIMAL, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, ON A FARM
   28  FOR  ALL  OR  THE  MAJORITY  OF  ANY DAY, IN A MANNER THAT PREVENTS SUCH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01837-03-2
       A. 9449                             2
    1  ANIMAL FROM LYING DOWN, STANDING UP AND FULLY EXTENDING  ITS  LIMBS  AND
    2  TURNING AROUND FREELY.
    3    3.  THIS  SECTION  SHALL  NOT  APPLY  DURING  THE  FOLLOWING  LAWFULLY
    4  PERFORMED ACTIVITIES:
    5    (A) TRANSPORTATION,
    6    (B) EXHIBITIONS AT RODEOS, FAIRS, YOUTH PROGRAMS, AND SIMILAR  EXHIBI-
    7  TIONS,
    8    (C) SLAUGHTERING PROCESS,
    9    (D) SCIENTIFIC OR AGRICULTURAL RESEARCH,
   10    (E) EXAMINATION, TESTING, INDIVIDUAL TREATMENT OR OPERATION FOR VETER-
   11  INARY PURPOSES,
   12    (F)  TO  A PIG DURING THE SEVEN-DAY PERIOD PRIOR TO THE PIG'S EXPECTED
   13  DATE OF GIVING BIRTH.
   14    4. A VIOLATION OF THE PROVISIONS OF THIS SECTION IS A CLASS  A  MISDE-
   15  MEANOR  PUNISHABLE  BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR,
   16  OR BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS, OR BY  BOTH  SUCH  FINE
   17  AND IMPRISONMENT.
   18    5.  NOTHING  CONTAINED  IN  THIS SECTION SHALL PREVENT ANY TOWN, CITY,
   19  VILLAGE OR COUNTY IN NEW YORK STATE FROM ENACTING A LOCAL LAW  OR  ORDI-
   20  NANCE  TO  PROVIDE FOR THE HUMANE TREATMENT OF AND PREVENTION OF CRUELTY
   21  TO FARM ANIMALS, PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL CONFLICT WITH
   22  THE PROVISIONS OF THIS SECTION.
   23    6. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO REDUCE  THE
   24  PROTECTION  AFFORDED  TO  FARM  ANIMALS  UNDER ANY OTHER SECTION OF THIS
   25  ARTICLE OR ANY OTHER LAW OR REGULATION. NOTHING IN THIS SECTION SHALL BE
   26  CONSTRUED TO LIMIT OR RESTRICT AGENTS OR OFFICERS OF SOCIETIES  FOR  THE
   27  PREVENTION  OF CRUELTY TO ANIMALS OR THE POLICE FROM ENFORCING THE OTHER
   28  PROVISIONS OF THIS ARTICLE OR ANY OTHER LAW OR  REGULATION  RELATING  TO
   29  THE HUMANE TREATMENT OF OR CRUELTY TO ANIMALS.
   30    7. THIS SECTION SHALL BE ENFORCED BY THE DEPARTMENT, AND ANY AGENT AND
   31  OFFICER  OF  ANY DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY
   32  TO ANIMALS MAY ISSUE AN APPEARANCE TICKET PURSUANT TO SECTION 150.20  OF
   33  THE  CRIMINAL PROCEDURE LAW, SUMMONS OR ARREST, AND BRING BEFORE A COURT
   34  OR MAGISTRATE HAVING JURISDICTION, ANY PERSON OFFENDING AGAINST  ANY  OF
   35  THE PROVISIONS OF THIS SECTION.
   36    S 2. This act shall take effect January 1, 2016.