Relates to overdriving, torturing and injuring animals; exempts owners of a horse or any other person placing such horse into service to pull any vehicle, carriage, sled or sleigh or any other device in exchange for a fee.
STATE OF NEW YORK
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1092
2017-2018 Regular Sessions
IN ASSEMBLY
January 10, 2017
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to exempt-
ing the owner of a horse in certain instances from the provisions of
overdriving, torturing and injuring 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. A person who overdrives, overloads, tortures or
6 cruelly beats or unjustifiably injures, maims, mutilates or kills any
7 animal, whether wild or tame, and whether belonging to himself or to
8 another, or deprives any animal of necessary sustenance, food or drink,
9 or neglects or refuses to furnish it such sustenance or drink, or caus-
10 es, procures or permits any animal to be overdriven, overloaded,
11 tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or
12 killed, or to be deprived of necessary food or drink, or who wilfully
13 sets on foot, instigates, engages in, or in any way furthers any act of
14 cruelty to any animal, or any act tending to produce such cruelty, is
15 guilty of a class A misdemeanor and for purposes of paragraph (b) of
16 subdivision one of section 160.10 of the criminal procedure law, shall
17 be treated as a misdemeanor defined in the penal law.
18 Nothing herein contained shall be construed to prohibit or interfere
19 with any properly conducted scientific tests, experiments or investi-
20 gations, involving the use of living animals, performed or conducted in
21 laboratories or institutions, which are approved for these purposes by
22 the state commissioner of health. The state commissioner of health shall
23 prescribe the rules under which such approvals shall be granted, includ-
24 ing therein standards regarding the care and treatment of any such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04419-01-7
A. 1092 2
1 animals. Such rules shall be published and copies thereof conspicuously
2 posted in each such laboratory or institution. The state commissioner of
3 health or his or her duly authorized representative shall have the power
4 to inspect such laboratories or institutions to [insure] ensure compli-
5 ance with such rules and standards. Each such approval may be revoked at
6 any time for failure to comply with such rules and in any case the
7 approval shall be limited to a period not exceeding one year. It shall
8 not be deemed a violation of this section solely because the owner of a
9 horse or any other person places such horse into service to pull any
10 vehicle, carriage, sled, sleigh or other device in exchange for a fee.
11 § 2. This act shall take effect immediately.
