A00424 Summary:

BILL NO    A00424 

SAME AS    No same as 

SPONSOR    Rosenthal (MS)

COSPNSR    Paulin, Kellner, Kavanagh, Millman, Robinson, Gottfried, Englebright,
           Dinowitz, Ortiz, Steck, Brook-Krasny, Weprin, Colton

MLTSPNSR   Cusick, Glick, Hevesi, Malliotakis, Montesano, Mosley, Schimel,
           Thiele, Titus, Weisenberg

Add S353-e, Ag & Mkts L

Pertains to confinement of animals for food producing purposes; prohibits any
person to tether or confine any pig during pregnancy, calf raised for veal, or
egg-laying hen who is kept on a farm 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.
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A00424 Actions:

BILL NO    A00424 

01/09/2013 referred to agriculture
01/08/2014 referred to agriculture
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A00424 Votes:

There are no votes for this bill in this legislative session.
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A00424 Memo:

BILL NUMBER:A424

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to the confinement
of animals for food producing purposes

PURPOSE OR GENERAL IDEA OF BILL: This bill will
phase-out pig gestation crates, veal crates and hen battery cages by
2015.

SUMMARY OF SPECIFIC PROVISIONS:
Section one subdivision one amends the agriculture and markets law by
adding a new section 353-e that defines the terms employed for the
purposes of this bill. Subdivision two would make it unlawful for any
person to confine any covered animal in a manner that prevents them from
lying down, standing up and fully extending its limbs and turning around
freely. Subdivision three lists exemptions to the rules set forth in the
previous subdivision. Subdivision four would make any violation of the
provisions of this section a Class A misdemeanor. Subdivision five
provides that nothing contained in this section shall conflict with
humane local laws. Subdivision six stipulates that nothing in this
section shall reduce the protection afforded to animals or the
enforcement of such protection. Subdivision five sets out the
enforcement mechanism for this section.

Section two sets out the effective date.

JUSTIFICATION:
Harsh confinement within confinement crates and cages deprives calves,
pigs and chickens of the ability to engage in natural behavior. Animals
confined in such circumstances experience extensive and significant
physical and psychological trauma.

Nationwide, about one million calves raised for veal and six million
breeding sows (female pigs) suffer nearly their entire lives inside tiny
crates so small the animals can't even turn around. According the Humane
Society of the United States, veal factory farmers separate calves from
their mothers within the first few days of birth and cram them into
individual crates or stalls, tethered by their necks. Inside these
enclosures, the calves can barely move.

Breeding sows suffer under similar circumstances. Gestation crates board
pregnant pigs for nearly their entire four-month pregnancy. These tiny
metal crates are not even large enough for the pig to move or perform
natural behaviors such as cleaning themselves or simply turning around.

Veal and pork producers nationally are already in the process of phasing
out veal and gestation crates. All veal producers have set a deadline of
2017 for themselves to phase out veal crates. In January 2007,
Smithfield, the nation's largest pork producers, announced that they
would phase out the confinement of pigs over the next decade and
Cargill, the nation's 8th biggest pork producers, has also stated that
they are working on phasing out confinement.

Battery cages used to confine hens make it impossible for them to spread
their wings or turn around. This severely restricts the hen's ability to


engage in basic natural activities including stretching their wings,
turning around, perching and dust-bathing. Cage-free systems would
enable hens to lay their eggs in nests, walk, and spread their wings,
all of which would significantly reduce the suffering, stress and
injuries associated with severe crowding in cages.

Bills relating to battery cage confinement have been introduced in
states as varied as Arizona, New Hampshire, Vermont and Washington.
Major corporations, retail chains, and tech giants are already phasing
out battery cage cruelty. Burger King, Denny's, Carl's Jr. and Hardee's
are starting to move away from cage eggs, as are Whole Foods Market,
Trader Joe's, Earth Fare and Jimbo's.

The world's largest food-service provider, Compass group, is phasing out
cage shell eggs for all of its 8,000 U.S. accounts. This announcement
followed Bon Appetit's decision to phase out cage eggs for all of its
400 cafes, including major corporate clients such as Yahoo!, Oracle
Corporation, Cisco Systems, Adidas, Best Buy, and Nordstrom. Cartwells
and Gukenheimer, some of the largest U.S.-owned food service companies,
made similar decisions.

Other entities such as Ben and Jerry's, AOL, Google, Chicago's Swedish
Covenant Hospital and Omni Hotels will not serve battery cage eggs in
the food that they provide to workers, clients and guests. Finally, more
than 350 schools have enacted policies to eliminate or greatly decrease
their use of eggs from caged hens.

These self-imposed pledges are an excellent first step, but the
industry's best practices should be embraced across the board. American
consumers are increasingly demanding the humane treatment of all
animals, including those raised for food. New York State should rise to
meet this demand by bringing the practices of its agricultural industry
into the modern era.

This ban is not without precedent. In 2002, Florida voters banned
gestation crates in a 55-45% vote. In 2006, Arizona voters banned both
gestation crates and veal crates in a 62-38% vote. In 2007, the Oregon
legislature banned gestation crates and in 2008, the Colorado
legislature banned both gestation crates and veal crates. Finally, this
past November, California voters passed Proposition 2 which banned
gestation crates, veal crates and battery cages by a 63.5-36.5% vote.
The entire European Union has also banned both veal crates and gestation
crates, effective 2007 and 2013, respectively.

PRIOR LEGISLATIVE HISTORY:
A.1928 of 2011-2012
A8163 of 2009-2010

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect January 1,
2017.
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A00424 Text:

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

                                          424

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M.  of  A.  ROSENTHAL,  CASTRO, PAULIN, MAISEL, KELLNER,
         KAVANAGH,  MILLMAN,  ROBINSON,  GOTTFRIED,  ENGLEBRIGHT,  DINOWITZ  --
         Multi-Sponsored  by  --  M.  of A.   CUSICK, GLICK, HEVESI, MONTESANO,
         SCHIMEL, THIELE, TITUS, WEISENBERG -- 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-f to read as follows:
    3    S 353-F. 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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04423-01-3
       A. 424                              2

    1  EGG-LAYING HENS, FULLY SPREADING BOTH WINGS WITHOUT TOUCHING THE SIDE OF
    2  AN ENCLOSURE OR OTHER EGG-LAYING HENS.
    3    (G)  "PERSON"  MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, ASSOCI-
    4  ATION, OR OTHER LEGAL ENTITY.
    5    (H) "PIG DURING PREGNANCY" MEANS  ANY  PREGNANT  PIG  OF  THE  PORCINE
    6  SPECIES KEPT FOR THE PRIMARY PURPOSE OF BREEDING.
    7    (I) "TURNING AROUND FREELY" MEANS TURNING IN A COMPLETE CIRCLE WITHOUT
    8  ANY  IMPEDIMENT, INCLUDING A TETHER, AND WITHOUT TOUCHING THE SIDE OF AN
    9  ENCLOSURE.
   10    2. IT SHALL BE UNLAWFUL FOR  ANY  PERSON  TO  TETHER  OR  CONFINE  ANY
   11  COVERED ANIMAL, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, ON A FARM
   12  FOR  ALL  OR  THE  MAJORITY  OF  ANY DAY, IN A MANNER THAT PREVENTS SUCH
   13  ANIMAL FROM LYING DOWN, STANDING UP AND FULLY EXTENDING  ITS  LIMBS  AND
   14  TURNING AROUND FREELY.
   15    3.  THIS  SECTION  SHALL  NOT  APPLY  DURING  THE  FOLLOWING  LAWFULLY
   16  PERFORMED ACTIVITIES:
   17    (A) TRANSPORTATION,
   18    (B) EXHIBITIONS AT RODEOS, FAIRS, YOUTH PROGRAMS, AND SIMILAR  EXHIBI-
   19  TIONS,
   20    (C) SLAUGHTERING PROCESS,
   21    (D) SCIENTIFIC OR AGRICULTURAL RESEARCH,
   22    (E) EXAMINATION, TESTING, INDIVIDUAL TREATMENT OR OPERATION FOR VETER-
   23  INARY PURPOSES,
   24    (F)  TO  A PIG DURING THE SEVEN-DAY PERIOD PRIOR TO THE PIG'S EXPECTED
   25  DATE OF GIVING BIRTH.
   26    4. A VIOLATION OF THE PROVISIONS OF THIS SECTION IS A CLASS  A  MISDE-
   27  MEANOR  PUNISHABLE  BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR,
   28  OR BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS, OR BY  BOTH  SUCH  FINE
   29  AND IMPRISONMENT.
   30    5.  NOTHING  CONTAINED  IN  THIS SECTION SHALL PREVENT ANY TOWN, CITY,
   31  VILLAGE OR COUNTY IN NEW YORK STATE FROM ENACTING A LOCAL LAW  OR  ORDI-
   32  NANCE  TO  PROVIDE FOR THE HUMANE TREATMENT OF AND PREVENTION OF CRUELTY
   33  TO FARM ANIMALS, PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL CONFLICT WITH
   34  THE PROVISIONS OF THIS SECTION.
   35    6. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO REDUCE  THE
   36  PROTECTION  AFFORDED  TO  FARM  ANIMALS  UNDER ANY OTHER SECTION OF THIS
   37  ARTICLE OR ANY OTHER LAW OR REGULATION. NOTHING IN THIS SECTION SHALL BE
   38  CONSTRUED TO LIMIT OR RESTRICT AGENTS OR OFFICERS OF SOCIETIES  FOR  THE
   39  PREVENTION  OF CRUELTY TO ANIMALS OR THE POLICE FROM ENFORCING THE OTHER
   40  PROVISIONS OF THIS ARTICLE OR ANY OTHER LAW OR  REGULATION  RELATING  TO
   41  THE HUMANE TREATMENT OF OR CRUELTY TO ANIMALS.
   42    7. THIS SECTION SHALL BE ENFORCED BY THE DEPARTMENT, AND ANY AGENT AND
   43  OFFICER  OF  ANY DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY
   44  TO ANIMALS MAY ISSUE AN APPEARANCE TICKET PURSUANT TO SECTION 150.20  OF
   45  THE  CRIMINAL PROCEDURE LAW, SUMMONS OR ARREST, AND BRING BEFORE A COURT
   46  OR MAGISTRATE HAVING JURISDICTION, ANY PERSON OFFENDING AGAINST  ANY  OF
   47  THE PROVISIONS OF THIS SECTION.
   48    S 2. This act shall take effect January 1, 2017.
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