•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 

A03905 Summary:

BILL NOA03905
 
SAME ASSAME AS S04615
 
SPONSORGlick (MS)
 
COSPNSRJaffee, Rosenthal, Tedisco, Dinowitz, Englebright, Curran, McDonough, Montesano, Otis, Buchwald, Skoufis
 
MLTSPNSRBrook-Krasny, Ceretto, Colton, Farrell, Garbarino, Gottfried, Lupardo, McDonald, McLaughlin, Millman, Perry, Rivera, Santabarbara, Sweeney, Tenney
 
Add S380, Ag & Mkts L
 
Prohibits any person from slaughtering a horse where such person knows or has reason to know that such horse will be used for human consumption; and prohibits any person from selling, bartering, giving away, purchasing, possessing, transporting, delivering or receiving horseflesh where such person knows or should know that such horseflesh is intended for human consumption; and provides penalties for violation.
Go to top

A03905 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3905              REVISED 04/23/13
 
SPONSOR: Glick (MS)
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to prohibiting the slaughtering of horses for human consumption   PURPOSE OR GENERAL IDEA OF BILL: To amend the Agriculture and Markets Law by adding a new section 380, to prohibit the slaughtering of horses for human consumption.   SUMMARY OF SPECIFIC PROVISIONS: The Agriculture and Markets Law shall be amended by adding a new section 380. This section will make it unlawful to slaughter a horse for human consumption. It shall be unlawful to purchase, trade, offer, import or export a horse or horse flesh, in any way with the intent of it being slaughtered for human consumption. The term horse, includes all members of the equine family, including horses, ponies, donkeys, mules, asses, and burros. The term horse flesh means any part of the horse's body. A violation of this law will be a misdemeanor punishable by imprisonment for not more than one year or by a fine of not more than one thousand dollars or by both.   JUSTIFICATION: 104,899 horses were slaughtered in the United States during 2006, the last full year of horse slaughtering in the US, according to the Govern- ment Accountability Office. In 2007, after Congressional approval of an appropriations bill that included a rider prohibiting the USDA from financing the inspection of horse meat, all US horse slaughter facili- ties closed. From 2006 through 2010, US horse for slaughter exports to Canada increased by 148%. In 2010, 137,934 horses were exported to Cana- da for Slaughter. The vast majority of these horses are being slaugh- tered for human consumption abroad, mainly in Europe and Japan. In 2011, that 2007 rider was removed by Congress in an omnibus spending act. The door has potentially been re-opened fox horse slaughter within the United States as a horse meat plant in New Mexico nears approval in 2013. Pet horses, work horses, racehorses and even wild horses go to slaugh- ter. Most arrive at the slaughterhouse via livestock auctions where, often unknown to the seller, they axe bought by middlemen working for the slaughter plants. These so-called "killer buyers" travel from one auction to the next collecting young, Old, sick and healthy animals until their trucks are full. Some are shipped for more than 24 hours at a time without food, water or rest, and suffer horribly along the way. Callous treatment of horses at the slaughterhouse often results in their prolonged suffering. Panicked horses are prodded and beaten off the truck and into the kill-chute. The improper use of stunning equipment, designed to render the animal unconscious with a swift shot to the head, means that horses sometimes endure repeated blows and remain conscious during their own slaughter. This bill would prohibit any person from slaughtering a horse where such person knows or has reason to know that such horse will be used for human consumption. Furthermore, it prohibits any person from selling, bartering, giving away, purchasing, possessing, transporting, delivering or receiving horseflesh where such person knows or should -know that such horseflesh is intended for human consumption. This bill also provides penalties for violations in an effort to ensure that such cruelty and blatant disregard of one of Americans most majestic and noble creatures will no longer be tolerated in New York State.   PRIOR LEGISLATIVE HISTORY: 2011-2012: Referred to Agriculture 2009-10: Referred to Agriculture; Held for consideration 2007-08: Referred to Agriculture 2005-06: Referred to Codes; Passed Senate 2004:Referred to Agriculture   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it, shall have become a law.
Go to top

A03905 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3905
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2013
                                       ___________
 
        Introduced  by  M. of A. GLICK, JAFFEE -- Multi-Sponsored by -- M. of A.
          COLTON, FARRELL, GOTTFRIED, MAGEE, MILLMAN, SWEENEY -- read  once  and
          referred to the Committee on Agriculture
 
        AN  ACT to amend the agriculture and markets law, in relation to prohib-
          iting the slaughtering of horses for human consumption
 

          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 380 to read as follows:
     3    § 380. Prohibition of slaughtering horses for human consumption.    1.
     4  Notwithstanding any other provision of law, it shall be unlawful for any
     5  person  to slaughter or have another person slaughter a horse where such
     6  person knows or should know that any part of such horse will be used for
     7  human consumption.
     8    2. Notwithstanding any other provision of law, it  shall  be  unlawful
     9  for  any  person  to sell, offer to sell or barter, give away, purchase,
    10  possess, transport, deliver, or receive any horse  with  the  intent  of

    11  slaughtering  or  having  another  person  slaughter  such horse if such
    12  person knows or should know that any of the horseflesh is  intended  for
    13  human consumption.
    14    3.  Notwithstanding  any  other provision of law, it shall be unlawful
    15  for any person to sell, barter, offer to  sell  or  barter,  give  away,
    16  purchase,  possess,  transport,  deliver,  or receive horseflesh if such
    17  person knows or should know that any of the horseflesh will be used  for
    18  human consumption.
    19    4.  Notwithstanding  any  other provision of law, it shall be unlawful
    20  for any person to import into or export from  this  state,  live  horses
    21  where  such  person knows or should know that such horse is intended for
    22  slaughter for human consumption.

    23    5. Notwithstanding any other provision of law, it  shall  be  unlawful
    24  for  any  person  to  import  into or export from this state, horseflesh
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04558-01-3

        A. 3905                             2
 
     1  where such person knows or should know that such horseflesh is  intended
     2  for human consumption.
     3    6.  It  shall  be  unlawful  to  offer  horseflesh  for sale for human
     4  consumption.
     5    7. As used in this section, the term "horse" includes all  members  of
     6  the  equine  family, including horses, ponies, donkeys, mules, asses and

     7  burros; and the term "horseflesh" means  the  flesh  of  a  dead  horse,
     8  including the animal's viscera, skin, hair, hide, hooves, and bones; the
     9  term  "person"  means  an  individual,  corporation, partnership, trust,
    10  association or other legal entity.
    11    8. A violation of this section is a misdemeanor punishable  by  impri-
    12  sonment  for  not  more than one year, or by a fine of not more than one
    13  thousand dollars, or  by  both.  In  lieu  of  criminal  prosecution,  a
    14  violation  of  this section shall be subject to a civil penalty of up to
    15  one thousand dollars for an individual and up to five  thousand  dollars
    16  for  a  corporation  for  the  first violation. Any subsequent violation

    17  shall be punishable by a civil penalty of  up  to  twenty-five  thousand
    18  dollars.
    19    9. Any civil penalties collected pursuant to this section of law shall
    20  be payable to the animal population control fund established pursuant to
    21  section ninety-seven-xx of the state finance law.
    22    § 2. This act shall take effect on the one hundred twentieth day after
    23  it shall have become a law.
Go to top