A02118 Summary:

SAME ASNo same as
COSPNSROrtiz, Markey, Castro, Cook, Cahill
MLTSPNSRBarron, Boyland, Galef, Gottfried, Jeffries, McEneny, Pheffer, Reilly, Weisenberg
Add S380, Ag & Mkts L
Enacts the "prevention of farm animal cruelty act".
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A02118 Actions:

01/13/2011referred to agriculture
01/04/2012referred to agriculture
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A02118 Floor Votes:

There are no votes for this bill in this legislative session.
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A02118 Text:

                STATE OF NEW YORK
                               2011-2012 Regular Sessions
                   IN ASSEMBLY
                                    January 13, 2011
        Introduced  by  M. of A. MILLMAN, ORTIZ, MARKEY, CASTRO, COOK, CAHILL --
          Multi-Sponsored by -- M. of  A.  BARRON,  BOYLAND,  GALEF,  GOTTFRIED,
          JEFFRIES,  McENENY,  PHEFFER,  REILLY,  WEISENBERG  --  read  once and
          referred to the Committee on Agriculture
        AN ACT to amend the agriculture and markets law, in relation to enacting

          the prevention of farm animal cruelty act
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as the "prevention
     2  of farm animal cruelty act".
     3    §  2.  The  agriculture  and  markets  law  is amended by adding a new
     4  section 380 to read as follows:
     5    § 380. Prohibited treatment of farm animals. 1. All farm and livestock
     6  animals shall be kept, raised and bred under humane treatment  standards
     7  and  conditions. No person shall keep, raise or breed any covered animal
     8  on a farm or at an animal facility under inhumane conditions, including:
     9    (a) tethering or confining any covered animal for all or the  majority

    10  of  any  day, in a manner that prevents such animal from (1) lying down,
    11  standing up, and fully extending his  or  her  limbs,  and  (2)  turning
    12  around freely;
    13    (b)  excessively  breeding  any  covered  animal or breeding a covered
    14  animal in a manner likely to cause health problems for the animal or its
    15  young;
    16    (c) utilizing gavage techniques or otherwise force feeding any covered
    17  animal;
    18    (d) keeping any covered animal in excessively crowded,  unsanitary  or
    19  unsafe conditions, including:
    20    (1)  keeping  any  covered  animal in enclosures stacked more than two
    21  enclosures high;
    22    (2) failing to provide shelter for any covered animal  from  inclement
    23  weather; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2118                             2
     1    (3)  keeping any covered animal in areas containing trash or hazardous
     2  substances;
     3    (e)  failing to provide daily nutritious food and potable water to any
     4  covered animal as appropriate for the size, age  and  condition  of  the
     5  animal; or
     6    (f)  failing  to  obtain appropriate medical care for and treatment of
     7  any covered animal, including non-elective surgical procedures.
     8    2. The provisions of this section shall not apply:
     9    (a) to any covered animal:

    10    (1) during scientific or agricultural research;
    11    (2) during examination, testing, individual treatment or operation for
    12  veterinary purposes;
    13    (3) during transportation;
    14    (4) during rodeo exhibitions, state or county  fair  exhibitions,  4-H
    15  programs, and similar exhibitions; or
    16    (5)  during  the  slaughter of a covered animal in accordance with the
    17  provisions of Chapter 6 (commencing with Section 19501)  of  Part  3  of
    18  Division 9 of the Food and Agricultural Code, relating to humane methods
    19  of slaughter, and other applicable law and regulations; or
    20    (b)  to  a pig during the seven-day period prior to the pig's expected
    21  date of giving birth.

    22    3. No person shall sell, give away  or  transfer  any  covered  animal
    23  kept,  born  or bred at any farm or animal facility that breeds or main-
    24  tains animals under inhumane conditions in order to avoid liability  for
    25  a violation of the provisions of subdivision one of this section.
    26    4.  (a)  Any person who violates any of the provisions of this section
    27  is guilty of  a  misdemeanor,  and  upon  conviction  thereof  shall  be
    28  punished  by  a  fine of not less than two hundred fifty dollars and not
    29  more than one thousand dollars or by imprisonment for a  period  not  to
    30  exceed one hundred eighty days or by both such fine and imprisonment.
    31    (b) The department, at its discretion, shall review the nature of such

    32  violation  or violations, and may remove any animal or animals and place
    33  them in the care of a veterinarian, animal shelter or other  appropriate
    34  rescue  group or facility. The individual in violation shall be required
    35  to pay all reasonable costs associated with the care of seized animals.
    36    (c) Any person determined to be in violation  of  this  section  shall
    37  present to the department, a sworn, written statement signed by a veter-
    38  inarian  certifying  that  the farm or animal facility has abided by all
    39  federal, state and local laws, rules and regulations that pertain to the
    40  humane treatment or conditions of animals, in order for such  person  to
    41  resume housing animals at a farm or animal facility.

    42    (d) Nothing in this section shall preclude any peace or animal control
    43  officer  who  shall  have  the  powers  of a peace officer as defined in
    44  section 2.10 of the criminal procedure law with respect to this  section
    45  from enforcing the provisions of this section if he or she shall receive
    46  orally  or in writing a report of any inhumane condition at such farm or
    47  animal facility.
    48    (e) The provisions of this section are in addition to, and not in lieu
    49  of, any other laws protecting animal welfare, including the  penal  law.
    50  This  section  shall  not  be  construed to limit any state law or regu-
    51  lations protecting the welfare of animals, nor shall  anything  in  this
    52  section  prevent  a local governing body from adopting and enforcing its

    53  own animal welfare laws and regulations.
    54    5. For the purposes of this section: (a) "animal facility"  means  any
    55  area  built, installed or designed to serve as a breeding or maintaining
    56  area for animals;

        A. 2118                             3
     1    (b) "covered animal" means any porcine,  bovine,  or  poultry  species
     2  adult  or  juvenile  animal  or  fowl  kept on a farm for the purpose of
     3  producing food products, including meat, eggs and milk;
     4    (c)  "enclosure"  means any cage, crate, or other structure (including
     5  what is commonly described as a "gestation  crate"  for  pigs;  a  "veal
     6  crate"  for  calves;  or  a  "battery cage" for egg-laying hens) used to
     7  confine a covered animal;

     8    (d) "farm" means the land, building,  support  facilities,  and  other
     9  equipment   that  are  wholly  or  partially  used  for  the  commercial
    10  production of animals or animal products used for  food  or  fiber;  and
    11  does not include live animal markets;
    12    (e) "fully extending his or her limbs" means fully extending all limbs
    13  without  touching  the  side  of an enclosure, including, in the case of
    14  egg-laying hens, fully spreading both wings without touching the side of
    15  an enclosure or other egg-laying hens;
    16    (f) "humane treatment standards" means rules and  regulations  promul-
    17  gated  by  the commissioner for the humane treatment of animals involved
    18  in animal breeding. Such  regulations  shall  take  into  consideration:

    19  adequate  living  conditions  for  the  animal, daily minimum amounts of
    20  exercise each animal shall receive and daily human interaction;
    21    (g) "inhumane condition" means violation of any federal, state,  local
    22  law  or  regulation  that  pertains  to the humane treatment of animals,
    23  cruelty to animals, endangering the life or health of an  animal  or  to
    24  the  care,  treatment,  sale,  possession  or handling of animals, or to
    25  crimes involving moral turpitude;
    26    (h) "nonelective surgical procedure" means a surgical  procedure  that
    27  is  necessary to preserve or restore the health of an animal, to prevent
    28  an animal from experiencing pain or discomfort, or to correct  a  condi-
    29  tion  that  would interfere with an animal's ability to walk, run, jump,

    30  or otherwise function in a normal manner;
    31    (i) "person" means any individual, firm, partnership,  joint  venture,
    32  association,  limited  liability  company,  corporation,  estate, trust,
    33  receiver, or syndicate; and
    34    (j) "turning around freely" means turning in a complete circle without
    35  any impediment, including a tether, and without touching the side of  an
    36  enclosure.
    37    § 3. This act shall take effect on the one hundred eightieth day after
    38  it  shall  have  become  a law, provided that effective immediately, the
    39  commissioner of agriculture and markets is authorized to promulgate  any
    40  and  all  rules and regulations and take any other measures necessary to
    41  implement the provisions of this act on its effective date on or  before
    42  such date.
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