|SAME AS||No same as|
|COSPNSR||Ortiz, Markey, Cook, Cahill|
|MLTSPNSR||Galef, Gottfried, Jaffee, Weisenberg|
|Add S380, Ag & Mkts L|
|Enacts the "prevention of farm animal cruelty act".|
|01/28/2013||referred to agriculture|
|01/08/2014||referred to agriculture|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3612 SPONSOR: Millman (MS)
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 manifesta- tion 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 oper- ations. 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 respir- atory syndrome (PRRS), salmoneltosis, and other various viral and bacte- rial 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 Agri- culture 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 eight- ieth day after it shall have become a law, provided that effective imme- diately, 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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STATE OF NEW YORK ________________________________________________________________________ 3612 2013-2014 Regular Sessions IN ASSEMBLY 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 § 2. The agriculture and markets law is amended by adding a new 4 section 380 to read as follows: 5 § 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. LBD01907-01-3A. 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 § 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.