Prohibits any person from slaughtering a horse where such person knows or has reason to know that such horse will be used for human consumption; and prohibits any person from possessing, importing into or exporting from the state, selling, buying, giving away, holding or accepting any horse with the intent of killing, or having another kill, such horse, if such person knows or should have known that any part of such horse will be used for human consumption; and provides penalties for violation.
STATE OF NEW YORK
________________________________________________________________________
7871--A
2019-2020 Regular Sessions
IN ASSEMBLY
May 28, 2019
___________
Introduced by M. of A. GLICK -- read once and referred to the Committee
on Agriculture -- recommitted to the Committee on Agriculture in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting the slaughtering of horses for human 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 382 to read as follows:
3 § 382. Prohibition of slaughtering horses for human consumption. 1.
4 Notwithstanding any other provision of law, it shall be unlawful for any
5 person to slaughter or have another person slaughter a horse where such
6 person knows or should know that any part of such horse will be used for
7 human consumption.
8 2. Notwithstanding any other provision of law, it shall be unlawful
9 for any person to possess, to import into or export from the state, to
10 sell, buy, give away, hold, or accept any horse with the intent of kill-
11 ing, or having another kill, such horse, if such person knows or should
12 have known that any part of such horse will be used for human consump-
13 tion.
14 3. Notwithstanding any other provision of law, it shall be unlawful
15 for any person to sell at retail, barter, offer to sell at retail or
16 barter, give away, or purchase at retail horseflesh, if such person
17 knows or should know that any of the horseflesh will be used for human
18 consumption.
19 4. It shall be unlawful for any person to possess horseflesh with the
20 intent to sell such horseflesh at retail for the purpose of human
21 consumption.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10720-05-0
A. 7871--A 2
1 5. Notwithstanding any other provision of law, it shall be unlawful
2 for any person to import into or export from this state, live horses
3 where such person knows or should know that such horse is intended for
4 slaughter for human consumption.
5 6. Notwithstanding any other provision of law, it shall be unlawful
6 for any person to import into or export from this state, horseflesh
7 where such person knows or should know that such horseflesh is intended
8 for human consumption.
9 7. As used in this section, the term "horse" includes all members of
10 the equine family, including horses, ponies, donkeys, mules, asses and
11 burros; and the term "horseflesh" means the flesh of a dead horse,
12 including the animal's viscera, skin, hair, hide, hooves, and bones; the
13 term "person" means an individual, corporation, partnership, trust,
14 association or other legal entity.
15 8. A violation of this section is a misdemeanor punishable by impri-
16 sonment for not more than one year, or by a fine of not more than one
17 thousand dollars, or by both. In lieu of criminal prosecution, a
18 violation of this section shall be subject to a civil penalty of up to
19 one thousand dollars for an individual and up to five thousand dollars
20 for a corporation for the first violation. Any subsequent violation
21 shall be punishable by a civil penalty of up to twenty-five thousand
22 dollars.
23 9. Any civil penalties collected pursuant to this section of law shall
24 be payable to the animal population control fund established pursuant to
25 section ninety-seven-xx of the state finance law.
26 10. Any owner or trainer stabled at a New York racing association
27 track found to have knowingly sold a horse for slaughter will have his
28 or her stalls permanently revoked from all New York racing association
29 tracks.
30 11. The provisions of this section are in addition to, and not in lieu
31 of, any other laws protecting animal welfare. This section may not be
32 construed to limit any state law or rules protecting the welfare of
33 animals or to prevent a local governing body from adopting and enforcing
34 its own animal welfare laws and regulations.
35 12. If any provision of this section, or the application thereof to
36 any person or circumstances, is held invalid or unconstitutional, that
37 invalidity or unconstitutionality shall not affect other provisions or
38 applications of this section that can be given effect without the inval-
39 id or unconstitutional provision or application, and to this end the
40 provisions of this section are severable.
41 § 2. This act shall take effect on the one hundred twentieth day after
42 it shall have become a law.