A09449 Summary:

BILL NOA09449
 
SAME ASNo same as
 
SPONSORRosenthal
 
COSPNSRWeprin, Malliotakis, Saladino, Montesano, Thiele, Weisenberg, Castro, Maisel, Kavanagh, Englebright, Brook-Krasny
 
MLTSPNSRBrennan, Conte, Glick, Gottfried, Hevesi, Katz, Latimer, McEneny, Millman, Robinson, Schimel
 
Add S353-e, 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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A09449 Actions:

BILL NOA09449
 
03/01/2012referred to agriculture
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A09449 Floor Votes:

There are no votes for this bill in this legislative session.
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A09449 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9449
 
                   IN ASSEMBLY
 
                                      March 1, 2012
                                       ___________
 
        Introduced  by  M.  of  A.  ROSENTHAL  --  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-e to read as follows:
     3    §  353-e.  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, building, 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.
    21    (g) "Pig during pregnancy" means  any  pregnant  pig  of  the  porcine
    22  species kept for the primary purpose of breeding.
    23    (h) "Turning around freely" means turning in a complete circle without

    24  any  impediment, including a tether, and without touching the side of an
    25  enclosure.
    26    2. It shall be unlawful for  any  person  to  tether  or  confine  any
    27  covered animal, as defined in subdivision one of this section, on a farm
    28  for  all  or  the  majority  of  any day, in a manner that prevents such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01837-03-2

        A. 9449                             2
 
     1  animal from lying down, standing up and fully extending  its  limbs  and
     2  turning around freely.
     3    3.  This  section  shall  not  apply  during  the  following  lawfully

     4  performed activities:
     5    (a) Transportation,
     6    (b) Exhibitions at rodeos, fairs, youth programs, and similar  exhibi-
     7  tions,
     8    (c) Slaughtering process,
     9    (d) Scientific or agricultural research,
    10    (e) Examination, testing, individual treatment or operation for veter-
    11  inary purposes,
    12    (f)  To  a pig during the seven-day period prior to the pig's expected
    13  date of giving birth.
    14    4. A violation of the provisions of this section is a class  A  misde-
    15  meanor  punishable  by imprisonment for a period not to exceed one year,
    16  or by a fine not to exceed one thousand dollars, or by  both  such  fine
    17  and imprisonment.

    18    5.  Nothing  contained  in  this section shall prevent any town, city,
    19  village or county in New York state from enacting a local law  or  ordi-
    20  nance  to  provide for the humane treatment of and prevention of cruelty
    21  to farm animals, provided, however, that no such law shall conflict with
    22  the provisions of this section.
    23    6. Nothing contained in this section shall be construed to reduce  the
    24  protection  afforded  to  farm  animals  under any other section of this
    25  article or any other law or regulation. Nothing in this section shall be
    26  construed to limit or restrict agents or officers of societies  for  the
    27  prevention  of cruelty to animals or the police from enforcing the other

    28  provisions of this article or any other law or  regulation  relating  to
    29  the humane treatment of or cruelty to animals.
    30    7. This section shall be enforced by the department, and any agent and
    31  officer  of  any duly incorporated society for the prevention of cruelty
    32  to animals may issue an appearance ticket pursuant to section 150.20  of
    33  the  criminal procedure law, summons or arrest, and bring before a court
    34  or magistrate having jurisdiction, any person offending against  any  of
    35  the provisions of this section.
    36    § 2. This act shall take effect January 1, 2016.
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