Bill Text: NY S07616 | 2021-2022 | General Assembly | Introduced
Bill Title: Prohibits the importation or sale of animal products produced in a manner that violates New York's animal cruelty laws, in order to protect New York's farmers from unfair competition and to protect animals from cruelty.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO AGRICULTURE [S07616 Detail]
Download: New_York-2021-S07616-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7616 2021-2022 Regular Sessions IN SENATE December 17, 2021 ___________ Introduced by Sen. BRISPORT -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the agriculture and markets law, in relation to prohib- iting the importation or sale of animal products produced in a manner that violates New York's animal cruelty laws 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 article 5-E to read as follows: 3 ARTICLE 5-E 4 PROTECTION OF NEW YORK'S FARMERS AND ANIMALS ACT 5 Section 97. Definitions. 6 98. Prohibitions. 7 99. Enforcement. 8 § 97. Definitions. As used in this article, unless otherwise expressly 9 stated, or unless the content or subject matter otherwise requires: 10 1. "Person" means any person, firm, corporation, or association; 11 2. "Farm animal" means any ungulate, poultry, species of cattle, 12 sheep, swine, goats, llamas, horses or fur-bearing animals, as defined 13 in section 11-1907 of the environmental conservation law, which are 14 raised for commercial or subsistence purposes. Fur-bearing animal shall 15 not include dogs or cats. 16 3. "Farm animal product" means any product made from, containing, or 17 derived from any part of any farm animal or anything produced by any 18 farm animal, including but not limited to meat, fur, eggs and dairy 19 products. 20 4. "Dairy product" means all milk and milk products defined by the 21 definitions and standards of identity promulgated pursuant to section 22 forty-six-a of this chapter and such other food products derived from 23 milk as the commissioner shall designate by regulation. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13982-01-1S. 7616 2 1 5. "Animal cruelty" means conduct in violation of section three 2 hundred fifty-three, three hundred fifty-three-a, three hundred fifty- 3 three-c, three hundred fifty-six, three hundred fifty-nine, three 4 hundred fifty-nine-a, or three hundred sixty of this chapter. 5 § 98. Prohibitions. No person shall knowingly sell, offer for sale, or 6 advertise for sale any farm animal product where the farm animal from 7 which the product was produced had been subject to animal cruelty as 8 defined in section ninety-seven of this article, or where any producer 9 of such farm animal product engages in animal cruelty as part of their 10 business practices. Any person who sells, offers for sale, or advertises 11 for sale a farm animal product where the farm animal from which the 12 product was produced had been subject to animal cruelty as defined in 13 section ninety-seven of this article, or where any producer of such farm 14 animal product engages in animal cruelty as part of their business prac- 15 tices, after having purchased such a product in or from a jurisdiction 16 in which such animal cruelty is legal and routine shall be deemed to 17 have knowledge of such animal cruelty. Such a presumption shall be 18 rebuttable with evidence that the person made reasonable efforts to 19 ensure that the farm animal product in question did not come from a farm 20 animal which had been subjected to animal cruelty as defined in section 21 ninety-seven of this article or where the producer of such farm animal 22 product did not engage in animal cruelty as part of their business prac- 23 tices. 24 § 99. Enforcement. 1. The commissioner may institute such action at 25 law or in equity as may appear necessary to enforce compliance with any 26 provisions of this article and any rules and regulations promulgated by 27 the commissioner to carry out the provisions of this article and in 28 addition may apply for relief by injunction if necessary to protect the 29 public interest without being compelled to allege or prove that an 30 adequate remedy at law does not exist. Such application may be made to 31 the supreme court in any district or county as provided in the civil 32 practice law and rules, or to the supreme court in the third judicial 33 district. If the commissioner shall determine that a person has knowing- 34 ly sold, knowingly offered for sale, or knowingly advertised for sale a 35 farm animal product in violation of this article, the commissioner shall 36 seek statutory damages of one hundred dollars per unit of product. Such 37 statutory damages shall not in aggregate exceed ten thousand dollars for 38 the first violation; however subsequent violations shall have no maximum 39 aggregate fine. 40 2. Whenever the commissioner or his duly authorized representative 41 shall find any farm animal product which the commissioner has probable 42 cause to believe was or is being sold, offered for sale, or advertised 43 for sale in violation of this article or the rules and regulations 44 promulgated pursuant thereto, the commissioner may seize or quarantine 45 such product. Following such seizure or quarantine the commissioner 46 shall hold a hearing in accordance with the provisions of section two 47 hundred two-b of this chapter. The determination of the commissioner 48 following such hearing shall be subject to judicial review in the manner 49 and within the time limits set forth therein. 50 § 2. This act shall take effect January 1, 2022.
