A03905 Summary:

BILL NO    A03905 

SAME AS    SAME AS S04615

SPONSOR    Glick (MS)

COSPNSR    Jaffee, Rosenthal, Tedisco, Dinowitz, Englebright, Curran, McDonough,
           Montesano, Otis, Buchwald, Skoufis

MLTSPNSR   Brook-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.
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A03905 Memo:

BILL NUMBER:A3905               REVISED 04/23/13

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
Government 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 facilities closed. From 2006 through 2010, US horse for
slaughter exports to Canada increased by 148%. In 2010, 137,934 horses
were exported to Canada for Slaughter. The vast majority of these
horses are being slaughtered 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.
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A03905 Text:

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

                                         3905

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   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    S 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    S 2. This act shall take effect on the one hundred twentieth day after
   23  it shall have become a law.
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