S T A T E O F N E W Y O R K ________________________________________________________________________ 3867 2011-2012 Regular Sessions I N S E N A T E March 8, 2011 ___________ Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to making it unlawful to force feed birds under certain circumstances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The opening paragraph of section 353 of the agriculture and 2 markets law, as amended by chapter 523 of the laws of 2005, is amended 3 to read as follows: 4 A person who overdrives, overloads, tortures or cruelly beats or 5 unjustifiably injures, maims, mutilates or kills any animal, whether 6 wild or tame, and whether belonging to himself or to another, or 7 deprives any animal of necessary sustenance, food or drink, OR FORCE 8 FEEDS A BIRD, BY HAND OR MACHINE, FOR THE PURPOSE OF FATTY ENLARGEMENT 9 OF SUCH BIRD'S LIVER, or neglects or refuses to furnish it such suste- 10 nance or drink, or causes, procures or permits any animal to be over- 11 driven, overloaded, tortured, cruelly beaten, or unjustifiably injured, 12 maimed, mutilated or killed, or to be deprived of necessary food or 13 drink, or who wilfully sets on foot, instigates, engages in, or in any 14 way furthers any act of cruelty to any animal, or any act tending to 15 produce such cruelty, is guilty of a class A misdemeanor and for 16 purposes of paragraph (b) of subdivision one of section 160.10 of the 17 criminal procedure law, shall be treated as a misdemeanor defined in the 18 penal law. 19 S 2. This act shall take effect on the first of November next succeed- 20 ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08829-01-1