STATE OF NEW YORK
________________________________________________________________________
10676
IN ASSEMBLY
March 20, 2026
___________
Introduced by M. of A. BORES -- read once and referred to the Committee
on Agriculture
AN ACT to amend the agriculture and markets law, in relation to failing
to provide shelter to animals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 353 of the agriculture and markets law, as amended
2 by chapter 458 of the laws of 1985, the opening paragraph as amended by
3 chapter 523 of the laws of 2005, is amended to read as follows:
4 § 353. Overdriving, torturing and injuring animals; failure to provide
5 proper sustenance or shelter. A person who overdrives, overloads,
6 tortures or cruelly beats or unjustifiably injures, maims, mutilates or
7 kills any animal, whether wild or tame, and whether belonging to
8 [himself] such person or to another, or deprives any animal of necessary
9 sustenance, food or drink, or shelter, or neglects or refuses to furnish
10 it such sustenance or drink, or shelter or causes, procures or permits
11 any animal to be overdriven, overloaded, tortured, cruelly beaten, or
12 unjustifiably injured, maimed, mutilated or killed, or to be deprived of
13 necessary food or drink, or shelter, or who wilfully sets on foot,
14 instigates, engages in, or in any way furthers any act of cruelty to any
15 animal, or any act tending to produce such cruelty, is guilty of a class
16 A misdemeanor and for purposes of paragraph (b) of subdivision one of
17 section 160.10 of the criminal procedure law, shall be treated as a
18 misdemeanor defined in the penal law.
19 Nothing herein contained shall be construed to prohibit or interfere
20 with any properly conducted scientific tests, experiments or investi-
21 gations, involving the use of living animals, performed or conducted in
22 laboratories or institutions, which are approved for these purposes by
23 the state commissioner of health. The state commissioner of health shall
24 prescribe the rules under which such approvals shall be granted, includ-
25 ing therein standards regarding the care and treatment of any such
26 animals. Such rules shall be published and copies thereof conspicuously
27 posted in each such laboratory or institution. The state commissioner of
28 health or [his] such commissioner's duly authorized representative shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14941-01-6
A. 10676 2
1 have the power to inspect such laboratories or institutions to insure
2 compliance with such rules and standards. Each such approval may be
3 revoked at any time for failure to comply with such rules and in any
4 case the approval shall be limited to a period not exceeding one year.
5 § 2. This act shall take effect immediately.
