|SAME AS||SAME AS S03999|
|COSPNSR||Paulin, Kavanagh, Robinson, Gottfried, Englebright, Dinowitz, Ortiz, Steck, Weprin, Colton|
|MLTSPNSR||Cusick, Glick, Hevesi, Malliotakis, Montesano, Mosley, Schimel, Thiele, Titus|
|Add S353-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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STATE OF NEW YORK ________________________________________________________________________ 372--A 2015-2016 Regular Sessions IN ASSEMBLY (Prefiled) January 7, 2015 ___________ Introduced by M. of A. ROSENTHAL, PAULIN, KAVANAGH, ROBINSON, GOTTFRIED, ENGLEBRIGHT, DINOWITZ, ORTIZ, STECK, BROOK-KRASNY, WEPRIN, COLTON -- Multi-Sponsored by -- M. of A. CUSICK, GLICK, HEVESI, MALLIOTAKIS, MONTESANO, MOSLEY, SCHIMEL, THIELE, TITUS -- read once and referred to the Committee on Agriculture -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04049-03-5A. 372--A 2 1 (f) "Fully extending its limbs" means fully extending all limbs with- 2 out touching the side of an enclosure, including, in the case of egg- 3 laying hens, fully spreading both wings without touching the side of an 4 enclosure or other egg-laying hens. 5 (g) "Person" means any individual, corporation, partnership, associ- 6 ation, or other legal entity. 7 (h) "Pig during pregnancy" means any pregnant pig of the porcine 8 species kept for the primary purpose of breeding. 9 (i) "Turning around freely" means turning in a complete circle without 10 any impediment, including a tether, and without touching the side of an 11 enclosure. 12 2. It shall be unlawful for any person to tether or confine any 13 covered animal, as defined in subdivision one of this section, on a farm 14 for all or the majority of any day, in a manner that prevents such 15 animal from lying down, standing up and fully extending its limbs and 16 turning around freely. 17 3. This section shall not apply during the following lawfully 18 performed activities: 19 (A) Transportation, 20 (B) Exhibitions at rodeos, fairs, youth programs, and similar exhibi- 21 tions, 22 (C) Slaughtering process, 23 (D) Scientific or agricultural research, 24 (E) Examination, testing, individual treatment or operation for veter- 25 inary purposes, 26 (F) To a pig during the seven-day period prior to the pig's expected 27 date of giving birth. 28 4. A violation of the provisions of this section is a class A misde- 29 meanor punishable by imprisonment for a period not to exceed one year, 30 or by a fine not to exceed one thousand dollars, or by both such fine 31 and imprisonment. 32 5. Nothing contained in this section shall prevent any town, city, 33 village or county in New York state from enacting a local law or ordi- 34 nance to provide for the humane treatment of and prevention of cruelty 35 to farm animals, provided, however, that no such law shall conflict with 36 the provisions of this section. 37 6. Nothing contained in this section shall be construed to reduce the 38 protection afforded to farm animals under any other section of this 39 article or any other law or regulation. Nothing in this section shall be 40 construed to limit or restrict agents or officers of societies for the 41 prevention of cruelty to animals or the police from enforcing the other 42 provisions of this article or any other law or regulation relating to 43 the humane treatment of or cruelty to animals. 44 7. This section shall be enforced by the department, and any agent and 45 officer of any duly incorporated society for the prevention of cruelty 46 to animals may issue an appearance ticket pursuant to section 150.20 of 47 the criminal procedure law, summons or arrest, and bring before a court 48 or magistrate having jurisdiction, any person offending against any of 49 the provisions of this section. 50 § 2. This act shall take effect twenty-four months after it shall have 51 become a law.