BILL NO A01656
SAME AS SAME AS S04987
SPONSOR Rosenthal (MS)
COSPNSR Weprin, Malliotakis, Saladino, Montesano, Thiele, Weisenberg,
Kavanagh, Englebright, Brook-Krasny, Miller, Ortiz, Mosley, Colton
MLTSPNSR Brennan, Fahy, Glick, Gottfried, Hevesi, Jaffee, Katz, McDonald,
Millman, Robinson, Schimel, Solages, Steck, Tenney
Add S353-f, Ag & Mkts L
Pertains to confinement of certain animals for food producing purposes;
prohibits any person to tether or confine any pig during pregnancy or calf
raised for veal 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.
TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to the confinement of certain animals for food producing
PURPOSE OR GENERAL IDEA OF BILL: This bill will phase out pig
gestation crates and veal crates cages by 2016.
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
Section two sets out the effective date.
JUSTIFICATION: Harsh confinement within confinement crates and cages
deprives calves and pigs 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
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 producer, announced that
they would phase out the confinement of pigs over the next decade and
Cargill, the nation's eight biggest pork producer, has also stated
that it is working on phasing out confinement.
Bans on gestation crates are 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.'6
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 63.536.5% vote. The entire European Union has also banned
both veal crates and gestation crates, effective 2007 and 2013,
PRIOR LEGISLATIVE HISTORY: A.9449 of 2012
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect January 1, 2016.
S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
January 9, 2013
Introduced by M. of A. ROSENTHAL, WEPRIN, MALLIOTAKIS, SALADINO, MONTES-
ANO, THIELE, WEISENBERG, CASTRO, MAISEL, KAVANAGH, ENGLEBRIGHT,
BROOK-KRASNY -- Multi-Sponsored by -- M. of A. BRENNAN, GLICK, GOTT-
FRIED, HEVESI, KATZ, MILLMAN, ROBINSON, SCHIMEL -- read once and
referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the
confinement of certain 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
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 OR A CALF RAISED
9 FOR VEAL.
10 (C) "ENCLOSURE" MEANS ANY CAGE, CRATE, OR OTHER STRUCTURE (INCLUDING
11 WHAT IS COMMONLY DESCRIBED AS A "GESTATION CRATE" FOR PIGS OR A "VEAL
12 CRATE" FOR CALVES, USED TO CONFINE A COVERED ANIMAL.
13 (D) "FARM" MEANS THE LAND, BUILDINGS, SUPPORT FACILITIES, AND OTHER
14 EQUIPMENT THAT ARE WHOLLY OR PARTIALLY USED FOR THE COMMERCIAL
15 PRODUCTION OF ANIMALS OR ANIMAL PRODUCTS USED FOR FOOD OR FIBER, AND
16 DOES NOT INCLUDE LIVE ANIMAL MARKETS.
17 (E) "FULLY EXTENDING ITS LIMBS" MEANS FULLY EXTENDING ALL LIMBS WITH-
18 OUT TOUCHING THE SIDE OF AN ENCLOSURE.
19 (F) "PERSON" MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, ASSOCI-
20 ATION, OR OTHER LEGAL ENTITY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 1656 2
1 (G) "PIG DURING PREGNANCY" MEANS ANY PREGNANT PIG OF THE PORCINE
2 SPECIES KEPT FOR THE PRIMARY PURPOSE OF BREEDING.
3 (H) "TURNING AROUND FREELY" MEANS TURNING IN A COMPLETE CIRCLE WITHOUT
4 ANY IMPEDIMENT, INCLUDING A TETHER, AND WITHOUT TOUCHING THE SIDE OF AN
6 2. IT SHALL BE UNLAWFUL FOR ANY PERSON TO TETHER OR CONFINE ANY
7 COVERED ANIMAL, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, ON A FARM
8 FOR ALL OR THE MAJORITY OF ANY DAY, IN A MANNER THAT PREVENTS SUCH
9 ANIMAL FROM LYING DOWN, STANDING UP AND FULLY EXTENDING ITS LIMBS AND
10 TURNING AROUND FREELY.
11 3. THIS SECTION SHALL NOT APPLY DURING THE FOLLOWING LAWFULLY
12 PERFORMED ACTIVITIES:
13 (A) TRANSPORTATION,
14 (B) EXHIBITIONS AT RODEOS, FAIRS, YOUTH PROGRAMS, AND SIMILAR EXHIBI-
16 (C) SLAUGHTERING PROCESS,
17 (D) SCIENTIFIC OR AGRICULTURAL RESEARCH,
18 (E) EXAMINATION, TESTING, INDIVIDUAL TREATMENT OR OPERATION FOR VETER-
19 INARY PURPOSES,
20 (F) TO A PIG DURING THE SEVEN-DAY PERIOD PRIOR TO THE PIG'S EXPECTED
21 DATE OF GIVING BIRTH.
22 4. A VIOLATION OF THE PROVISIONS OF THIS SECTION IS A CLASS A MISDE-
23 MEANOR PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR,
24 OR BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS, OR BY BOTH SUCH FINE
25 AND IMPRISONMENT.
26 5. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT ANY TOWN, CITY,
27 VILLAGE OR COUNTY IN NEW YORK STATE FROM ENACTING A LOCAL LAW OR ORDI-
28 NANCE TO PROVIDE FOR THE HUMANE TREATMENT OF AND PREVENTION OF CRUELTY
29 TO FARM ANIMALS, PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL CONFLICT WITH
30 THE PROVISIONS OF THIS SECTION.
31 6. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO REDUCE THE
32 PROTECTION AFFORDED TO FARM ANIMALS UNDER ANY OTHER SECTION OF THIS
33 ARTICLE OR ANY OTHER LAW OR REGULATION. NOTHING IN THIS SECTION SHALL BE
34 CONSTRUED TO LIMIT OR RESTRICT AGENTS OR OFFICERS OF SOCIETIES FOR THE
35 PREVENTION OF CRUELTY TO ANIMALS OR THE POLICE FROM ENFORCING THE OTHER
36 PROVISIONS OF THIS ARTICLE OR ANY OTHER LAW OR REGULATION RELATING TO
37 THE HUMANE TREATMENT OF OR CRUELTY TO ANIMALS.
38 7. THIS SECTION SHALL BE ENFORCED BY THE DEPARTMENT, AND ANY AGENT AND
39 OFFICER OF ANY DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY
40 TO ANIMALS MAY ISSUE AN APPEARANCE TICKET PURSUANT TO SECTION 150.20 OF
41 THE CRIMINAL PROCEDURE LAW, SUMMONS OR ARREST, AND BRING BEFORE A COURT
42 OR MAGISTRATE HAVING JURISDICTION, ANY PERSON OFFENDING AGAINST ANY OF
43 THE PROVISIONS OF THIS SECTION.
44 S 2. This act shall take effect January 1, 2017.