A01656 Summary:

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.
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A01656 Actions:

BILL NO    A01656 

01/09/2013 referred to agriculture
01/08/2014 referred to agriculture
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A01656 Votes:

There are no votes for this bill in this legislative session.
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A01656 Memo:

BILL NUMBER:A1656

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

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
this section.

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
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 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,
respectively.

PRIOR LEGISLATIVE HISTORY:  A.9449 of 2012

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect January 1, 2016.
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A01656 Text:

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

                                         1656

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    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
    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 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.
                                                                  LBD05220-01-3
       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
    5  ENCLOSURE.
    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-
   15  TIONS,
   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.
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