S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         8163

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                      May 6, 2009
                                      ___________

       Introduced by M. of A. ROSENTHAL, CASTRO, PAULIN, MAISEL, McENENY, KELL-
         NER,  KAVANAGH, MILLMAN, EDDINGTON, ROBINSON, GOTTFRIED -- Multi-Spon-
         sored by -- M. of A.  GLICK, LATIMER, TITUS -- read once and  referred
         to the Committee on Agriculture

       AN  ACT  to  amend  the  agriculture and markets law, in relation to the
         confinement of 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, CALF RAISED FOR
    9  VEAL, OR EGG-LAYING HEN WHO IS KEPT ON A FARM.
   10    (C) "EGG-LAYING HEN" MEANS ANY FEMALE  DOMESTICATED  CHICKEN,  TURKEY,
   11  DUCK, GOOSE, OR GUINEA FOWL KEPT FOR THE PURPOSE OF EGG PRODUCTION.
   12    (D)  "ENCLOSURE"  MEANS ANY CAGE, CRATE, OR OTHER STRUCTURE (INCLUDING
   13  WHAT IS COMMONLY DESCRIBED AS A "GESTATION  CRATE"  FOR  PIGS,  A  "VEAL
   14  CRATE"  FOR  CALVES,  OR  A  "BATTERY CAGE" FOR EGG-LAYING HENS) USED TO
   15  CONFINE A COVERED ANIMAL.
   16    (E) "FARM" MEANS THE LAND, BUILDING,  SUPPORT  FACILITIES,  AND  OTHER
   17  EQUIPMENT   THAT  ARE  WHOLLY  OR  PARTIALLY  USED  FOR  THE  COMMERCIAL
   18  PRODUCTION OF ANIMALS OR ANIMAL PRODUCTS USED FOR  FOOD  OR  FIBER,  AND
   19  DOES NOT INCLUDE LIVE ANIMAL MARKETS.
   20    (F)  "FULLY EXTENDING ITS LIMBS" MEANS FULLY EXTENDING ALL LIMBS WITH-
   21  OUT TOUCHING THE SIDE  OF  AN  ENCLOSURE,  INCLUDING,  IN  THE  CASE  OF
   22  EGG-LAYING HENS, FULLY SPREADING BOTH WINGS WITHOUT TOUCHING THE SIDE OF
   23  AN ENCLOSURE OR OTHER EGG-LAYING HENS.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10214-02-9
       A. 8163                             2

    1    (G)  "PERSON"  MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, ASSOCI-
    2  ATION, OR OTHER LEGAL ENTITY.
    3    (H)  "PIG  DURING  PREGNANCY"  MEANS  ANY  PREGNANT PIG OF THE PORCINE
    4  SPECIES KEPT FOR THE PRIMARY PURPOSE OF BREEDING.
    5    (I) "TURNING AROUND FREELY" MEANS TURNING IN A COMPLETE CIRCLE WITHOUT
    6  ANY IMPEDIMENT, INCLUDING A TETHER, AND WITHOUT TOUCHING THE SIDE OF  AN
    7  ENCLOSURE.
    8    2.  IT  SHALL  BE  UNLAWFUL  FOR  ANY  PERSON TO TETHER OR CONFINE ANY
    9  COVERED ANIMAL, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, ON A FARM
   10  FOR ALL OR THE MAJORITY OF ANY DAY,  IN  A  MANNER  THAT  PREVENTS  SUCH
   11  ANIMAL  FROM  LYING  DOWN, STANDING UP AND FULLY EXTENDING ITS LIMBS AND
   12  TURNING AROUND FREELY.
   13    3.  THIS  SECTION  SHALL  NOT  APPLY  DURING  THE  FOLLOWING  LAWFULLY
   14  PERFORMED ACTIVITIES:
   15    (A) TRANSPORTATION,
   16    (B)  EXHIBITIONS AT RODEOS, FAIRS, YOUTH PROGRAMS, AND SIMILAR EXHIBI-
   17  TIONS,
   18    (C) SLAUGHTERING PROCESS,
   19    (D) SCIENTIFIC OR AGRICULTURAL RESEARCH,
   20    (E) EXAMINATION, TESTING, INDIVIDUAL TREATMENT OR OPERATION FOR VETER-
   21  INARY PURPOSES,
   22    (F) TO A PIG DURING THE SEVEN-DAY PERIOD PRIOR TO THE  PIG'S  EXPECTED
   23  DATE OF GIVING BIRTH.
   24    4.  A  VIOLATION OF THE PROVISIONS OF THIS SECTION IS A CLASS A MISDE-
   25  MEANOR PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED  ONE  YEAR,
   26  OR  BY  A  FINE NOT TO EXCEED ONE THOUSAND DOLLARS, OR BY BOTH SUCH FINE
   27  AND IMPRISONMENT.
   28    5. NOTHING CONTAINED IN THIS SECTION SHALL  PREVENT  ANY  TOWN,  CITY,
   29  VILLAGE  OR  COUNTY IN NEW YORK STATE FROM ENACTING A LOCAL LAW OR ORDI-
   30  NANCE TO PROVIDE FOR THE HUMANE TREATMENT OF AND PREVENTION  OF  CRUELTY
   31  TO FARM ANIMALS, PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL CONFLICT WITH
   32  THE PROVISIONS OF THIS SECTION.
   33    6.  NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO REDUCE THE
   34  PROTECTION AFFORDED TO FARM ANIMALS UNDER  ANY  OTHER  SECTION  OF  THIS
   35  ARTICLE OR ANY OTHER LAW OR REGULATION. NOTHING IN THIS SECTION SHALL BE
   36  CONSTRUED  TO  LIMIT OR RESTRICT AGENTS OR OFFICERS OF SOCIETIES FOR THE
   37  PREVENTION OF CRUELTY TO ANIMALS OR THE POLICE FROM ENFORCING THE  OTHER
   38  PROVISIONS  OF  THIS  ARTICLE OR ANY OTHER LAW OR REGULATION RELATING TO
   39  THE HUMANE TREATMENT OF OR CRUELTY TO ANIMALS.
   40    7. THIS SECTION SHALL BE ENFORCED BY THE DEPARTMENT, AND ANY AGENT AND
   41  OFFICER OF ANY DULY INCORPORATED SOCIETY FOR THE PREVENTION  OF  CRUELTY
   42  TO  ANIMALS MAY ISSUE AN APPEARANCE TICKET PURSUANT TO SECTION 150.20 OF
   43  THE CRIMINAL PROCEDURE LAW, SUMMONS OR ARREST, AND BRING BEFORE A  COURT
   44  OR  MAGISTRATE  HAVING JURISDICTION, ANY PERSON OFFENDING AGAINST ANY OF
   45  THE PROVISIONS OF THIS SECTION.
   46    S 2. This act shall take effect January 1, 2015.