A08597 Summary:

SAME ASNo same as
COSPNSRCamara, Espaillat, Dinowitz, Robinson
MLTSPNSRCook, Glick, Gottfried, Maisel, Titone, Weisenberg
Add S380, Ag & Mkts L
Enacts the "prevention of farm animal cruelty act".
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A08597 Actions:

05/29/2009referred to agriculture
01/06/2010referred to agriculture
01/19/2010amend and recommit to agriculture
01/19/2010print number 8597a
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A08597 Floor Votes:

There are no votes for this bill in this legislative session.
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A08597 Text:

                STATE OF NEW YORK
                               2009-2010 Regular Sessions
                   IN ASSEMBLY
                                      May 29, 2009
          Multi-Sponsored by -- M. of A. COOK, GLICK, GOTTFRIED, MAISEL, TITONE,
          WEISENBERG  --  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 committee
        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;

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

        A. 8597--A                          2
     1    (2)  failing  to provide shelter for any covered animal from inclement
     2  weather; and
     3    (3)  keeping any covered animal in areas containing trash or hazardous
     4  substances;
     5    (e) failing to provide daily nutritious food and potable water to  any
     6  covered  animal  as  appropriate  for the size, age and condition of the
     7  animal; or
     8    (f) failing to obtain appropriate medical care for  and  treatment  of
     9  any covered animal, including non-elective surgical procedures.

    10    2. The provisions of this section shall not apply:
    11    (a) to any covered animal:
    12    (1) during scientific or agricultural research;
    13    (2) during examination, testing, individual treatment or operation for
    14  veterinary purposes;
    15    (3) during transportation;
    16    (4)  during  rodeo  exhibitions, state or county fair exhibitions, 4-H
    17  programs, and similar exhibitions; or
    18    (5) during the slaughter of a covered animal in  accordance  with  the
    19  provisions  of  Chapter  6  (commencing with Section 19501) of Part 3 of
    20  Division 9 of the Food and Agricultural Code, relating to humane methods
    21  of slaughter, and other applicable law and regulations; or

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

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

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

    54  section prevent a local governing body from adopting and  enforcing  its
    55  own animal welfare laws and regulations.

        A. 8597--A                          3
     1    5.  For  the purposes of this section: (a) "animal facility" means any
     2  area built, installed or designed to serve as a breeding or  maintaining
     3  area for animals;
     4    (b)  "covered  animal"  means  any porcine, bovine, or poultry species
     5  adult or juvenile animal or fowl kept on  a  farm  for  the  purpose  of
     6  producing food products, including meat, eggs and milk;
     7    (c)  "enclosure"  means any cage, crate, or other structure (including
     8  what is commonly described as a "gestation  crate"  for  pigs;  a  "veal

     9  crate"  for  calves;  or  a  "battery cage" for egg-laying hens) used to
    10  confine a covered animal;
    11    (d) "farm" means the land, building,  support  facilities,  and  other
    12  equipment   that  are  wholly  or  partially  used  for  the  commercial
    13  production of animals or animal products used for  food  or  fiber;  and
    14  does not include live animal markets;
    15    (e) "fully extending his or her limbs" means fully extending all limbs
    16  without  touching  the  side  of an enclosure, including, in the case of
    17  egg-laying hens, fully spreading both wings without touching the side of
    18  an enclosure or other egg-laying hens;
    19    (f) "humane treatment standards" means rules and  regulations  promul-

    20  gated  by  the commissioner for the humane treatment of animals involved
    21  in animal breeding. Such  regulations  shall  take  into  consideration:
    22  adequate  living  conditions  for  the  animal, daily minimum amounts of
    23  exercise each animal shall receive and daily human interaction;
    24    (g) "inhumane condition" means violation of any federal, state,  local
    25  law  or  regulation  that  pertains  to the humane treatment of animals,
    26  cruelty to animals, endangering the life or health of an  animal  or  to
    27  the  care,  treatment,  sale,  possession  or handling of animals, or to
    28  crimes involving moral turpitude;
    29    (h) "nonelective surgical procedure" means a surgical  procedure  that
    30  is  necessary to preserve or restore the health of an animal, to prevent

    31  an animal from experiencing pain or discomfort, or to correct  a  condi-
    32  tion  that  would interfere with an animal's ability to walk, run, jump,
    33  or otherwise function in a normal manner;
    34    (i) "person" means any individual, firm, partnership,  joint  venture,
    35  association,  limited  liability  company,  corporation,  estate, trust,
    36  receiver, or syndicate; and
    37    (j) "turning around freely" means turning in a complete circle without
    38  any impediment, including a tether, and without touching the side of  an
    39  enclosure.
    40    § 3. This act shall take effect on the one hundred eightieth day after
    41  it  shall  have  become  a law, provided that effective immediately, the
    42  commissioner of agriculture and markets is authorized to promulgate  any

    43  and  all  rules and regulations and take any other measures necessary to
    44  implement the provisions of this act on its effective date on or  before
    45  such date.
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