Prohibits any person, corporation, association, or other entity from slaughtering a horse where such person, corporation, association, or other entity knows or has reason to know that such horse will be used for human or animal consumption; prohibits any person, corporation, association, or other entity from possessing, selling, importing, etc., a horse or horseflesh if such person, corporation, association, or other entity knows or should have known that any part of such horse or horseflesh will be used for human or animal consumption; provides penalties for violation.
STATE OF NEW YORK
________________________________________________________________________
2163--B
Cal. No. 863
2023-2024 Regular Sessions
IN SENATE
January 19, 2023
___________
Introduced by Sens. ADDABBO, PALUMBO -- read twice and ordered printed,
and when printed to be committed to the Committee on Agriculture --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- reported favorably from said commit-
tee, ordered to first and second report, ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting the slaughtering of horses for human or animal 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 385 to read as follows:
3 § 385. Prohibition of slaughtering horses for human or animal consump-
4 tion. 1. Notwithstanding any other provision of law, it shall be unlaw-
5 ful for any person, corporation, association, or other entity to slaugh-
6 ter or have another person, corporation, association, or other entity
7 slaughter a horse if any part of such horse will be used for human or
8 animal consumption.
9 2. Notwithstanding any other provision of law, it shall be unlawful
10 for any person, corporation, association, or other entity who owns or is
11 in the process of taking ownership of a horse to import, export, sell,
12 offer to sell or barter, transfer, purchase, possess, transport, deliv-
13 er, receive, give away, hold, or accept, or direct another person to
14 import, export, sell, offer to sell or barter, transfer, purchase,
15 possess, transport, deliver, receive, give away, hold, or accept a
16 horse, with the intent of slaughtering or having another person, corpo-
17 ration, association, or other entity slaughter such horse for the
18 purpose of human or animal consumption.
19 3. Notwithstanding any other provision of law, it shall be unlawful
20 for any person, corporation, association, or other entity who owns or is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06575-05-3
S. 2163--B 2
1 in the process of taking ownership of horseflesh to import, export,
2 sell, offer to sell or barter, transfer, purchase, possess, transport,
3 deliver, receive, give away, hold, or accept, or direct another person
4 to import, export, sell, offer to sell or barter, transfer, purchase,
5 possess, transport, deliver, receive, give away, hold, or accept horse-
6 flesh, with the intent of slaughtering or having another person, corpo-
7 ration, association, or other entity slaughter such horse for the
8 purpose of human or animal consumption.
9 4. For the purposes of this section:
10 (a) The term "horseflesh" shall mean the flesh of a dead horse,
11 including the animal's viscera, skin, hide, hooves, and bones; and
12 (b) The term "slaughter" shall mean the intentional killing, or having
13 another kill a horse if such person knows that the purpose of such kill-
14 ing is using any part of such horse for human or animal consumption.
15 5. A violation of this section is a misdemeanor punishable by a fine
16 of not more than one thousand dollars per horse for an individual
17 person, and up to two thousand five hundred dollars per horse for a
18 corporation, association, or other entity, for the first violation. Any
19 subsequent violation shall be punishable by a fine of up to two thousand
20 dollars per horse for an individual person, and up to five thousand
21 dollars per horse for a corporation, association, or other entity.
22 6. The provisions of this section shall be in addition to, and not in
23 lieu of, any other laws protecting animal welfare. This section shall
24 not be construed to limit any state law or rules protecting the welfare
25 of animals or to prevent a local governing body from adopting and
26 enforcing its own animal welfare laws and regulations. Nothing in this
27 section shall prohibit a person from otherwise lawful disposition of a
28 deceased horse or any part of such horse.
29 7. If any provision of this section, or the application thereof to any
30 person or circumstances, is held invalid or unconstitutional, such inva-
31 lidity or unconstitutionality shall not affect other provisions or
32 applications of this section that can be given effect without the inval-
33 id or unconstitutional provision or application, and to such end the
34 provisions of this section shall be severable.
35 § 2. This act shall take effect on the one hundred twentieth day after
36 it shall have become a law.
