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 it's 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.
STATE OF NEW YORK
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8163
2009-2010 Regular Sessions
IN ASSEMBLY
May 6, 2009
___________
Introduced by M. of A. ROSENTHAL, CASTRO, PAULIN, MAISEL, McENENY, KELL-
NER, KAVANAGH, MILLMAN, EDDINGTON, ROBINSON, GOTTFRIED -- Multi-Spon-
sored by -- M. of A. GLICK, LATIMER, TITUS -- read once and referred
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-e to read as follows:
3 § 353-e. 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10214-02-9
A. 8163 2
1 (g) "Person" means any individual, corporation, partnership, associ-
2 ation, or other legal entity.
3 (h) "Pig during pregnancy" means any pregnant pig of the porcine
4 species kept for the primary purpose of breeding.
5 (i) "Turning around freely" means turning in a complete circle without
6 any impediment, including a tether, and without touching the side of an
7 enclosure.
8 2. It shall be unlawful for any person to tether or confine any
9 covered animal, as defined in subdivision one of this section, on a farm
10 for all or the majority of any day, in a manner that prevents such
11 animal from lying down, standing up and fully extending its limbs and
12 turning around freely.
13 3. This section shall not apply during the following lawfully
14 performed activities:
15 (A) Transportation,
16 (B) Exhibitions at rodeos, fairs, youth programs, and similar exhibi-
17 tions,
18 (C) Slaughtering process,
19 (D) Scientific or agricultural research,
20 (E) Examination, testing, individual treatment or operation for veter-
21 inary purposes,
22 (F) To a pig during the seven-day period prior to the pig's expected
23 date of giving birth.
24 4. A violation of the provisions of this section is a class A misde-
25 meanor punishable by imprisonment for a period not to exceed one year,
26 or by a fine not to exceed one thousand dollars, or by both such fine
27 and imprisonment.
28 5. Nothing contained in this section shall prevent any town, city,
29 village or county in New York state from enacting a local law or ordi-
30 nance to provide for the humane treatment of and prevention of cruelty
31 to farm animals, provided, however, that no such law shall conflict with
32 the provisions of this section.
33 6. Nothing contained in this section shall be construed to reduce the
34 protection afforded to farm animals under any other section of this
35 article or any other law or regulation. Nothing in this section shall be
36 construed to limit or restrict agents or officers of societies for the
37 prevention of cruelty to animals or the police from enforcing the other
38 provisions of this article or any other law or regulation relating to
39 the humane treatment of or cruelty to animals.
40 7. This section shall be enforced by the department, and any agent and
41 officer of any duly incorporated society for the prevention of cruelty
42 to animals may issue an appearance ticket pursuant to section 150.20 of
43 the criminal procedure law, summons or arrest, and bring before a court
44 or magistrate having jurisdiction, any person offending against any of
45 the provisions of this section.
46 § 2. This act shall take effect January 1, 2015.
