A00424 Summary:

BILL NOA00424
 
SAME ASNo same as
 
SPONSORRosenthal (MS)
 
COSPNSRPaulin, Kellner, Kavanagh, Millman, Robinson, Gottfried, Englebright, Dinowitz, Ortiz, Steck, Brook-Krasny, Weprin, Colton
 
MLTSPNSRCusick, 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 NOA00424
 
01/09/2013referred to agriculture
01/08/2014referred to agriculture
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A00424 Floor Votes:

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



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           424
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (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    § 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  egg-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04423-01-3

        A. 424                              2
 
     1  laying  hens, fully spreading both wings without touching the side of an
     2  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    § 2. This act shall take effect January 1, 2017.
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