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S05683 Summary:

BILL NOS05683
 
SAME ASSAME AS A00668
 
SPONSORSANDERS
 
COSPNSRMARTINEZ
 
MLTSPNSR
 
Add §353-g, Ag & Mkts L
 
Pertains to confinement of animals for food producing purposes; prohibits any person to tether or confine any pig during pregnancy, calf raised for veal, or egg-laying hen who is kept on a farm 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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S05683 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5683
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 27, 2025
                                       ___________
 
        Introduced by Sens. SANDERS, MARTINEZ -- read twice and ordered printed,
          and when printed to be committed to the Committee on Agriculture
 
        AN  ACT  to  amend  the  agriculture and markets law, in relation to the
          confinement of 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-g to read as follows:
     3    § 353-g. 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, calf raised for
     9  veal, or egg-laying hen who is kept on a farm.
    10    (c) "Egg-laying hen" means any female  domesticated  chicken,  turkey,
    11  duck, goose, or guinea fowl kept for the purpose of egg production.
    12    (d)  "Enclosure"  means any cage, crate, or other structure (including
    13  what is commonly described as a "gestation  crate"  for  pigs,  a  "veal
    14  crate"  for  calves,  or  a  "battery cage" for egg-laying hens) used to
    15  confine a covered animal.
    16    (e) "Farm" means the land, building,  support  facilities,  and  other
    17  equipment   that  are  wholly  or  partially  used  for  the  commercial
    18  production of animals or animal products used for  food  or  fiber,  and
    19  does not include live animal markets.
    20    (f)  "Fully extending its limbs" means fully extending all limbs with-
    21  out touching the side of an enclosure, including, in the  case  of  egg-
    22  laying  hens, fully spreading both wings without touching the side of an
    23  enclosure or other egg-laying hens.
    24    (g) "Person" means any individual, corporation,  partnership,  associ-
    25  ation, or other legal entity.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02426-01-5

        S. 5683                             2
 
     1    (h)  "Pig  during  pregnancy"  means  any  pregnant pig of the porcine
     2  species kept for the primary purpose of breeding.
     3    (i) "Turning around freely" means turning in a complete circle without
     4  any  impediment, including a tether, and without touching the side of an
     5  enclosure.
     6    2. It shall be unlawful for  any  person  to  tether  or  confine  any
     7  covered animal, as defined in subdivision one of this section, on a farm
     8  for  all  or  the  majority  of  any day, in a manner that prevents such
     9  animal from lying down, standing up and fully extending  its  limbs  and
    10  turning around freely.
    11    3.  This  section  shall  not  apply  during  the  following  lawfully
    12  performed activities:
    13    (A) Transportation,
    14    (B) Exhibitions at rodeos, fairs, youth programs, and similar  exhibi-
    15  tions,
    16    (C) Slaughtering process,
    17    (D) Scientific or agricultural research,
    18    (E) Examination, testing, individual treatment or operation for veter-
    19  inary purposes,
    20    (F)  To  a pig during the seven-day period prior to the pig's expected
    21  date of giving birth.
    22    4. A violation of the provisions of this section is a class  A  misde-
    23  meanor  punishable  by imprisonment for a period not to exceed one year,
    24  or by a fine not to exceed one thousand dollars, or by  both  such  fine
    25  and imprisonment.
    26    5.  Nothing  contained  in  this section shall prevent any town, city,
    27  village or county in New York state from enacting a local law  or  ordi-
    28  nance  to  provide for the humane treatment of and prevention of cruelty
    29  to farm animals, provided, however, that no such law shall conflict with
    30  the provisions of this section.
    31    6. Nothing contained in this section shall be construed to reduce  the
    32  protection  afforded  to  farm  animals  under any other section of this
    33  article or any other law or regulation. Nothing in this section shall be
    34  construed to limit or restrict agents or officers of societies  for  the
    35  prevention  of cruelty to animals or the police from enforcing the other
    36  provisions of this article or any other law or  regulation  relating  to
    37  the humane treatment of or cruelty to animals.
    38    7. This section shall be enforced by the department, and any agent and
    39  officer  of  any duly incorporated society for the prevention of cruelty
    40  to animals may issue an appearance ticket pursuant to section 150.20  of
    41  the  criminal procedure law, summons or arrest, and bring before a court
    42  or magistrate having jurisdiction, any person offending against  any  of
    43  the provisions of this section.
    44    § 2. This act shall take effect twenty-four months after it shall have
    45  become a law.
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