Bill Text: NY S01082 | 2015-2016 | General Assembly | Amended

---

Bill Title: Prohibits any person from slaughtering a horse where such person knows or has reason to know that such horse will be used for human consumption; and prohibits any person from selling, bartering, giving away, purchasing, possessing, transporting, delivering or receiving horseflesh where such person knows or should know that such horseflesh is intended for human consumption; and provides penalties for violation.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO AGRICULTURE [S01082 Detail]

Download: New_York-2015-S01082-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1082--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 8, 2015
                                      ___________
       Introduced by Sens. MARCHIONE, AVELLA -- read twice and ordered printed,
         and  when  printed  to be committed 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 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 380 to read as follows:
    3    S 380. PROHIBITION OF SLAUGHTERING HORSES FOR HUMAN CONSUMPTION.    1.
    4  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL FOR ANY
    5  PERSON  TO SLAUGHTER OR HAVE ANOTHER PERSON SLAUGHTER A HORSE WHERE SUCH
    6  PERSON KNOWS OR SHOULD KNOW THAT ANY PART OF SUCH HORSE WILL BE USED FOR
    7  HUMAN CONSUMPTION.
    8    2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT  SHALL  BE  UNLAWFUL
    9  FOR  ANY  PERSON  TO SELL, OFFER TO SELL OR BARTER, GIVE AWAY, PURCHASE,
   10  POSSESS, TRANSPORT, DELIVER, OR RECEIVE ANY HORSE  WITH  THE  INTENT  OF
   11  SLAUGHTERING  OR  HAVING  ANOTHER  PERSON  SLAUGHTER  SUCH HORSE IF SUCH
   12  PERSON KNOWS OR SHOULD KNOW THAT ANY OF THE HORSEFLESH IS  INTENDED  FOR
   13  HUMAN CONSUMPTION.
   14    3.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
   15  FOR ANY PERSON TO SELL AT RETAIL, BARTER, OFFER TO  SELL  AT  RETAIL  OR
   16  BARTER, GIVE AWAY, OR PURCHASE AT RETAIL, IF SUCH PERSON KNOWS OR SHOULD
   17  KNOW THAT ANY OF THE HORSEFLESH WILL BE USED FOR HUMAN CONSUMPTION.
   18    4.  IT SHALL BE UNLAWFUL FOR ANY PERSON TO POSSESS HORSEFLESH WITH THE
   19  INTENT TO SELL SUCH HORSEFLESH  AT  RETAIL  FOR  THE  PURPOSE  OF  HUMAN
   20  CONSUMPTION.
   21    5.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
   22  FOR ANY PERSON TO IMPORT INTO OR EXPORT FROM  THIS  STATE,  LIVE  HORSES
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02476-03-5
       S. 1082--A                          2
    1  WHERE  SUCH  PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSE IS INTENDED FOR
    2  SLAUGHTER FOR HUMAN CONSUMPTION.
    3    6.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
    4  FOR ANY PERSON TO IMPORT INTO OR  EXPORT  FROM  THIS  STATE,  HORSEFLESH
    5  WHERE  SUCH PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSEFLESH IS INTENDED
    6  FOR HUMAN CONSUMPTION.
    7    7. AS USED IN THIS SECTION, THE TERM "HORSE" INCLUDES ALL  MEMBERS  OF
    8  THE  EQUINE  FAMILY, INCLUDING HORSES, PONIES, DONKEYS, MULES, ASSES AND
    9  BURROS; AND THE TERM "HORSEFLESH" MEANS  THE  FLESH  OF  A  DEAD  HORSE,
   10  INCLUDING THE ANIMAL'S VISCERA, SKIN, HAIR, HIDE, HOOVES, AND BONES; THE
   11  TERM  "PERSON"  MEANS  AN  INDIVIDUAL,  CORPORATION, PARTNERSHIP, TRUST,
   12  ASSOCIATION OR OTHER LEGAL ENTITY.
   13    8. A VIOLATION OF THIS SECTION IS A MISDEMEANOR PUNISHABLE  BY  IMPRI-
   14  SONMENT  FOR  NOT  MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN ONE
   15  THOUSAND DOLLARS, OR  BY  BOTH.  IN  LIEU  OF  CRIMINAL  PROSECUTION,  A
   16  VIOLATION  OF  THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO
   17  ONE THOUSAND DOLLARS FOR AN INDIVIDUAL AND UP TO FIVE  THOUSAND  DOLLARS
   18  FOR  A  CORPORATION  FOR  THE  FIRST VIOLATION. ANY SUBSEQUENT VIOLATION
   19  SHALL BE PUNISHABLE BY A CIVIL PENALTY OF  UP  TO  TWENTY-FIVE  THOUSAND
   20  DOLLARS.
   21    9. ANY CIVIL PENALTIES COLLECTED PURSUANT TO THIS SECTION OF LAW SHALL
   22  BE PAYABLE TO THE ANIMAL POPULATION CONTROL FUND ESTABLISHED PURSUANT TO
   23  SECTION NINETY-SEVEN-XX OF THE STATE FINANCE LAW.
   24    10. THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO, AND NOT IN LIEU
   25  OF,  ANY  OTHER  LAWS PROTECTING ANIMAL WELFARE. THIS SECTION MAY NOT BE
   26  CONSTRUED TO LIMIT ANY STATE LAW OR  RULES  PROTECTING  THE  WELFARE  OF
   27  ANIMALS OR TO PREVENT A LOCAL GOVERNING BODY FROM ADOPTING AND ENFORCING
   28  ITS OWN ANIMAL WELFARE LAWS AND REGULATIONS.
   29    11.  IF  ANY  PROVISION OF THIS SECTION, OR THE APPLICATION THEREOF TO
   30  ANY PERSON OR CIRCUMSTANCES, IS HELD INVALID OR  UNCONSTITUTIONAL,  THAT
   31  INVALIDITY  OR  UNCONSTITUTIONALITY SHALL NOT AFFECT OTHER PROVISIONS OR
   32  APPLICATIONS OF THIS SECTION THAT CAN BE GIVEN EFFECT WITHOUT THE INVAL-
   33  ID OR UNCONSTITUTIONAL PROVISION OR APPLICATION, AND  TO  THIS  END  THE
   34  PROVISIONS OF THIS SECTION ARE SEVERABLE.
   35    S 2. This act shall take effect on the one hundred twentieth day after
   36  it shall have become a law.