A03612 Summary:

BILL NO    A03612 

SAME AS    No same as 

SPONSOR    Millman (MS)

COSPNSR    Ortiz, Markey, Cook, Cahill

MLTSPNSR   Galef, Gottfried, Jaffee, Weisenberg

Add S380, Ag & Mkts L

Enacts the "prevention of farm animal cruelty act".
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A03612 Actions:

BILL NO    A03612 

01/28/2013 referred to agriculture
01/08/2014 referred to agriculture
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A03612 Votes:

There are no votes for this bill in this legislative session.
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A03612 Memo:

BILL NUMBER:A3612

TITLE  OF  BILL:   An act to amend the agriculture and markets law, in
relation to enacting the prevention of farm animal cruelty act

Purpose:   This legislation enacts  the  "Prevention  of  Farm  Animal
Cruelty  Act  to  safeguard  farm  animals  from inhumane treatment or
living conditions; which could lead to, among  other  conditions,  the
manifestation of widespread and fatal viral and bacterial diseases.

Summary  of Provisions:  The agriculture and markets law is amended by
adding a new section 380: Prohibited Treatment of Farm Animals.

Justification:  Animal Feeding Operations (AFO's) are defined  by  the
U.S. Environmental Protection Agency (EPA) as agricultural enterprises
where feed is brought to the animals in a confined area which includes
feed  for  the animals, manure, urine, and dead animals.  Concentrated
Animal Feeding Operations (CAFO's) are AFO's that are defined  by  the
size  of  the  area  that is much smaller than the traditional pasture
operations.

There is no room to for the animals to lie down,  turn  around  freely
nor  extend their limbs. If farm animals are kept for at least 45 days
where there is no grass or other vegetation, this is considered to  be
an  AFO.  Many  times  farm  animals  are  tethered so movement is not
allowed and more animals can be crowded into the pen. This is a  means
of  control  that can cause psychological damage and neurotic, anxious
and often aggressive behavior. The  number  of  CAFO's  increased  230
percent  between  1982  and  2002 according to a news article citing a
Government Accounting Office summary from September 2008.

The extreme closeness of animals  and  unsanitary  conditions  can  be
complicated  by intense feeding to add weight fast and the addition of
genetically modified organisms. Then high levels  of  antibiotics  are
given  due  to the potential for diseases to occur. Prevalent diseases
include  swine  influenza  virus  (SIV),  porcine   reproductive   and
respiratory  syndrome  (PRRS),  salmoneltosis, and other various viral
and bacterial diseases.

CAFO's and AFO's need to be examined further to reduce the possibility
of  diseased  animals  who  may  be  a  part  of   the   food   chain.
Environmental  issues  from these confined agriculture enterprises are
well documented and receive monitoring from the U.S. EPA  but,  little
has  been  done to fully examine the possible negative consequences of
confined animals.

Some states have passed legislation banning cruel confinement of  farm
animals.  California  reorganized  a  new Senate Committee on Food and
Agriculture to look at sustainable  agriculture  and  animal  welfare.
Other  states  at  various stages of banning tethering and confinement
techniques include Arizona, Oregon and Colorado.

Fiscal Implications: None to the state.

Legislative History: 2009-10: A.8597


Effective Date:   The  act  shall  take  effect  on  the  one  hundred
eightieth  day  after  it  shall  have  become  a  law,  provided that
effective immediately, the commissioner of agriculture and markets  is
authorized  to  promulgate  any and all rules and regulations and take
any  other  measures necessary to implement the provisions of this act
on its effective date on or before such date.
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A03612 Text:

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

                                         3612

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 28, 2013
                                      ___________

       Introduced  by  M. of A. MILLMAN, ORTIZ, MARKEY, CASTRO, COOK, CAHILL --
         Multi-Sponsored by -- M. of  A.  BARRON,  BOYLAND,  GALEF,  GOTTFRIED,
         JAFFEE, WEISENBERG -- read once and referred to the Committee on Agri-
         culture

       AN ACT to amend the agriculture and markets law, in relation to enacting
         the prevention of farm animal cruelty act

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. This act shall be known and may be cited as the "prevention
    2  of farm animal cruelty act".
    3    S 2. The agriculture and markets  law  is  amended  by  adding  a  new
    4  section 380 to read as follows:
    5    S 380. PROHIBITED TREATMENT OF FARM ANIMALS. 1. ALL FARM AND LIVESTOCK
    6  ANIMALS  SHALL BE KEPT, RAISED AND BRED UNDER HUMANE TREATMENT STANDARDS
    7  AND CONDITIONS. NO PERSON SHALL KEEP, RAISE OR BREED ANY COVERED  ANIMAL
    8  ON A FARM OR AT AN ANIMAL FACILITY UNDER INHUMANE CONDITIONS, INCLUDING:
    9    (A)  TETHERING OR CONFINING ANY COVERED ANIMAL FOR ALL OR THE MAJORITY
   10  OF ANY DAY, IN A MANNER THAT PREVENTS SUCH ANIMAL FROM (1)  LYING  DOWN,
   11  STANDING  UP,  AND  FULLY  EXTENDING  HIS  OR HER LIMBS, AND (2) TURNING
   12  AROUND FREELY;
   13    (B) EXCESSIVELY BREEDING ANY COVERED  ANIMAL  OR  BREEDING  A  COVERED
   14  ANIMAL IN A MANNER LIKELY TO CAUSE HEALTH PROBLEMS FOR THE ANIMAL OR ITS
   15  YOUNG;
   16    (C) UTILIZING GAVAGE TECHNIQUES OR OTHERWISE FORCE FEEDING ANY COVERED
   17  ANIMAL;
   18    (D)  KEEPING  ANY COVERED ANIMAL IN EXCESSIVELY CROWDED, UNSANITARY OR
   19  UNSAFE CONDITIONS, INCLUDING:
   20    (1) KEEPING ANY COVERED ANIMAL IN ENCLOSURES  STACKED  MORE  THAN  TWO
   21  ENCLOSURES HIGH;
   22    (2)  FAILING  TO PROVIDE SHELTER FOR ANY COVERED ANIMAL FROM INCLEMENT
   23  WEATHER; AND

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01907-01-3
       A. 3612                             2

    1    (3) KEEPING ANY COVERED ANIMAL IN AREAS CONTAINING TRASH OR  HAZARDOUS
    2  SUBSTANCES;
    3    (E)  FAILING TO PROVIDE DAILY NUTRITIOUS FOOD AND POTABLE WATER TO ANY
    4  COVERED ANIMAL AS APPROPRIATE FOR THE SIZE, AGE  AND  CONDITION  OF  THE
    5  ANIMAL; OR
    6    (F)  FAILING  TO  OBTAIN APPROPRIATE MEDICAL CARE FOR AND TREATMENT OF
    7  ANY COVERED ANIMAL, INCLUDING NON-ELECTIVE SURGICAL PROCEDURES.
    8    2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY:
    9    (A) TO ANY COVERED ANIMAL:
   10    (1) DURING SCIENTIFIC OR AGRICULTURAL RESEARCH;
   11    (2) DURING EXAMINATION, TESTING, INDIVIDUAL TREATMENT OR OPERATION FOR
   12  VETERINARY PURPOSES;
   13    (3) DURING TRANSPORTATION;
   14    (4) DURING RODEO EXHIBITIONS, STATE OR COUNTY  FAIR  EXHIBITIONS,  4-H
   15  PROGRAMS, AND SIMILAR EXHIBITIONS; OR
   16    (5)  DURING  THE  SLAUGHTER OF A COVERED ANIMAL IN ACCORDANCE WITH THE
   17  PROVISIONS OF CHAPTER 6 (COMMENCING WITH SECTION 19501)  OF  PART  3  OF
   18  DIVISION 9 OF THE FOOD AND AGRICULTURAL CODE, RELATING TO HUMANE METHODS
   19  OF SLAUGHTER, AND OTHER APPLICABLE LAW AND REGULATIONS; OR
   20    (B)  TO  A PIG DURING THE SEVEN-DAY PERIOD PRIOR TO THE PIG'S EXPECTED
   21  DATE OF GIVING BIRTH.
   22    3. NO PERSON SHALL SELL, GIVE AWAY  OR  TRANSFER  ANY  COVERED  ANIMAL
   23  KEPT,  BORN  OR BRED AT ANY FARM OR ANIMAL FACILITY THAT BREEDS OR MAIN-
   24  TAINS ANIMALS UNDER INHUMANE CONDITIONS IN ORDER TO AVOID LIABILITY  FOR
   25  A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
   26    4.  (A)  ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF THIS SECTION
   27  IS GUILTY OF  A  MISDEMEANOR,  AND  UPON  CONVICTION  THEREOF  SHALL  BE
   28  PUNISHED  BY  A  FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS AND NOT
   29  MORE THAN ONE THOUSAND DOLLARS OR BY IMPRISONMENT FOR A  PERIOD  NOT  TO
   30  EXCEED ONE HUNDRED EIGHTY DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT.
   31    (B) THE DEPARTMENT, AT ITS DISCRETION, SHALL REVIEW THE NATURE OF SUCH
   32  VIOLATION  OR VIOLATIONS, AND MAY REMOVE ANY ANIMAL OR ANIMALS AND PLACE
   33  THEM IN THE CARE OF A VETERINARIAN, ANIMAL SHELTER OR OTHER  APPROPRIATE
   34  RESCUE  GROUP OR FACILITY. THE INDIVIDUAL IN VIOLATION SHALL BE REQUIRED
   35  TO PAY ALL REASONABLE COSTS ASSOCIATED WITH THE CARE OF SEIZED ANIMALS.
   36    (C) ANY PERSON DETERMINED TO BE IN VIOLATION  OF  THIS  SECTION  SHALL
   37  PRESENT TO THE DEPARTMENT, A SWORN, WRITTEN STATEMENT SIGNED BY A VETER-
   38  INARIAN  CERTIFYING  THAT  THE FARM OR ANIMAL FACILITY HAS ABIDED BY ALL
   39  FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS THAT PERTAIN TO THE
   40  HUMANE TREATMENT OR CONDITIONS OF ANIMALS, IN ORDER FOR SUCH  PERSON  TO
   41  RESUME HOUSING ANIMALS AT A FARM OR ANIMAL FACILITY.
   42    (D) NOTHING IN THIS SECTION SHALL PRECLUDE ANY PEACE OR ANIMAL CONTROL
   43  OFFICER  WHO  SHALL  HAVE  THE  POWERS  OF A PEACE OFFICER AS DEFINED IN
   44  SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW WITH RESPECT TO THIS  SECTION
   45  FROM ENFORCING THE PROVISIONS OF THIS SECTION IF HE OR SHE SHALL RECEIVE
   46  ORALLY  OR IN WRITING A REPORT OF ANY INHUMANE CONDITION AT SUCH FARM OR
   47  ANIMAL FACILITY.
   48    (E) THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO, AND NOT IN LIEU
   49  OF, ANY OTHER LAWS PROTECTING ANIMAL WELFARE, INCLUDING THE  PENAL  LAW.
   50  THIS  SECTION  SHALL  NOT  BE  CONSTRUED TO LIMIT ANY STATE LAW OR REGU-
   51  LATIONS PROTECTING THE WELFARE OF ANIMALS, NOR SHALL  ANYTHING  IN  THIS
   52  SECTION  PREVENT  A LOCAL GOVERNING BODY FROM ADOPTING AND ENFORCING ITS
   53  OWN ANIMAL WELFARE LAWS AND REGULATIONS.
   54    5. FOR THE PURPOSES OF THIS SECTION: (A) "ANIMAL FACILITY"  MEANS  ANY
   55  AREA  BUILT, INSTALLED OR DESIGNED TO SERVE AS A BREEDING OR MAINTAINING
   56  AREA FOR ANIMALS;
       A. 3612                             3

    1    (B) "COVERED ANIMAL" MEANS ANY PORCINE,  BOVINE,  OR  POULTRY  SPECIES
    2  ADULT  OR  JUVENILE  ANIMAL  OR  FOWL  KEPT ON A FARM FOR THE PURPOSE OF
    3  PRODUCING FOOD PRODUCTS, INCLUDING MEAT, EGGS AND MILK;
    4    (C)  "ENCLOSURE"  MEANS ANY CAGE, CRATE, OR OTHER STRUCTURE (INCLUDING
    5  WHAT IS COMMONLY DESCRIBED AS A "GESTATION  CRATE"  FOR  PIGS;  A  "VEAL
    6  CRATE"  FOR  CALVES;  OR  A  "BATTERY CAGE" FOR EGG-LAYING HENS) USED TO
    7  CONFINE A COVERED ANIMAL;
    8    (D) "FARM" MEANS THE LAND, BUILDING,  SUPPORT  FACILITIES,  AND  OTHER
    9  EQUIPMENT   THAT  ARE  WHOLLY  OR  PARTIALLY  USED  FOR  THE  COMMERCIAL
   10  PRODUCTION OF ANIMALS OR ANIMAL PRODUCTS USED FOR  FOOD  OR  FIBER;  AND
   11  DOES NOT INCLUDE LIVE ANIMAL MARKETS;
   12    (E) "FULLY EXTENDING HIS OR HER LIMBS" MEANS FULLY EXTENDING ALL LIMBS
   13  WITHOUT  TOUCHING  THE  SIDE  OF AN ENCLOSURE, INCLUDING, IN THE CASE OF
   14  EGG-LAYING HENS, FULLY SPREADING BOTH WINGS WITHOUT TOUCHING THE SIDE OF
   15  AN ENCLOSURE OR OTHER EGG-LAYING HENS;
   16    (F) "HUMANE TREATMENT STANDARDS" MEANS RULES AND  REGULATIONS  PROMUL-
   17  GATED  BY  THE COMMISSIONER FOR THE HUMANE TREATMENT OF ANIMALS INVOLVED
   18  IN ANIMAL BREEDING. SUCH  REGULATIONS  SHALL  TAKE  INTO  CONSIDERATION:
   19  ADEQUATE  LIVING  CONDITIONS  FOR  THE  ANIMAL, DAILY MINIMUM AMOUNTS OF
   20  EXERCISE EACH ANIMAL SHALL RECEIVE AND DAILY HUMAN INTERACTION;
   21    (G) "INHUMANE CONDITION" MEANS VIOLATION OF ANY FEDERAL, STATE,  LOCAL
   22  LAW  OR  REGULATION  THAT  PERTAINS  TO THE HUMANE TREATMENT OF ANIMALS,
   23  CRUELTY TO ANIMALS, ENDANGERING THE LIFE OR HEALTH OF AN  ANIMAL  OR  TO
   24  THE  CARE,  TREATMENT,  SALE,  POSSESSION  OR HANDLING OF ANIMALS, OR TO
   25  CRIMES INVOLVING MORAL TURPITUDE;
   26    (H) "NONELECTIVE SURGICAL PROCEDURE" MEANS A SURGICAL  PROCEDURE  THAT
   27  IS  NECESSARY TO PRESERVE OR RESTORE THE HEALTH OF AN ANIMAL, TO PREVENT
   28  AN ANIMAL FROM EXPERIENCING PAIN OR DISCOMFORT, OR TO CORRECT  A  CONDI-
   29  TION  THAT  WOULD INTERFERE WITH AN ANIMAL'S ABILITY TO WALK, RUN, JUMP,
   30  OR OTHERWISE FUNCTION IN A NORMAL MANNER;
   31    (I) "PERSON" MEANS ANY INDIVIDUAL, FIRM, PARTNERSHIP,  JOINT  VENTURE,
   32  ASSOCIATION,  LIMITED  LIABILITY  COMPANY,  CORPORATION,  ESTATE, TRUST,
   33  RECEIVER, OR SYNDICATE; AND
   34    (J) "TURNING AROUND FREELY" MEANS TURNING IN A COMPLETE CIRCLE WITHOUT
   35  ANY IMPEDIMENT, INCLUDING A TETHER, AND WITHOUT TOUCHING THE SIDE OF  AN
   36  ENCLOSURE.
   37    S 3. This act shall take effect on the one hundred eightieth day after
   38  it  shall  have  become  a law, provided that effective immediately, the
   39  commissioner of agriculture and markets is authorized to promulgate  any
   40  and  all  rules and regulations and take any other measures necessary to
   41  implement the provisions of this act on its effective date on or  before
   42  such date.
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