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S02163 Summary:

S02163 Actions:

S02163 Committee Votes:

S02163 Floor Votes:

S02163 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2163--B
            Cal. No. 863
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 19, 2023
                                       ___________
 
        Introduced  by Sens. ADDABBO, PALUMBO -- read twice and ordered printed,
          and when printed to be committed to the Committee  on  Agriculture  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- reported favorably from said  commit-
          tee,  ordered  to first and second report, ordered to a third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third reading
 
        AN  ACT to amend the agriculture and markets law, in relation to prohib-
          iting the slaughtering of horses for human or animal 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 385 to read as follows:
     3    § 385. Prohibition of slaughtering horses for human or animal consump-
     4  tion.  1. Notwithstanding any other provision of law, it shall be unlaw-
     5  ful for any person, corporation, association, or other entity to slaugh-
     6  ter or have another person, corporation, association,  or  other  entity
     7  slaughter  a  horse  if any part of such horse will be used for human or
     8  animal consumption.
     9    2. Notwithstanding any other provision of law, it  shall  be  unlawful
    10  for any person, corporation, association, or other entity who owns or is
    11  in  the  process of taking ownership of a horse to import, export, sell,
    12  offer to sell or barter, transfer, purchase, possess, transport,  deliv-
    13  er,  receive,  give  away,  hold, or accept, or direct another person to
    14  import, export, sell, offer  to  sell  or  barter,  transfer,  purchase,
    15  possess,  transport,  deliver,  receive,  give  away,  hold, or accept a
    16  horse, with the intent of slaughtering or having another person,  corpo-
    17  ration,  association,  or  other  entity  slaughter  such  horse for the
    18  purpose of human or animal consumption.
    19    3. Notwithstanding any other provision of law, it  shall  be  unlawful
    20  for any person, corporation, association, or other entity who owns or is
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06575-05-3
        S. 2163--B                          2
 
     1  in  the  process  of  taking  ownership of horseflesh to import, export,
     2  sell, offer to sell or barter, transfer, purchase,  possess,  transport,
     3  deliver,  receive,  give away, hold, or accept, or direct another person
     4  to  import,  export,  sell, offer to sell or barter, transfer, purchase,
     5  possess, transport, deliver, receive, give away, hold, or accept  horse-
     6  flesh,  with the intent of slaughtering or having another person, corpo-
     7  ration, association, or  other  entity  slaughter  such  horse  for  the
     8  purpose of human or animal consumption.
     9    4. For the purposes of this section:
    10    (a)  The  term  "horseflesh"  shall  mean  the  flesh of a dead horse,
    11  including the animal's viscera, skin, hide, hooves, and bones; and
    12    (b) The term "slaughter" shall mean the intentional killing, or having
    13  another kill a horse if such person knows that the purpose of such kill-
    14  ing is using any part of such horse for human or animal consumption.
    15    5. A violation of this section is a misdemeanor punishable by  a  fine
    16  of  not  more  than  one  thousand  dollars  per horse for an individual
    17  person, and up to two thousand five hundred  dollars  per  horse  for  a
    18  corporation, association, or other entity, for the first violation.  Any
    19  subsequent violation shall be punishable by a fine of up to two thousand
    20  dollars  per  horse  for  an  individual person, and up to five thousand
    21  dollars per horse for a corporation, association, or other entity.
    22    6. The provisions of this section shall be in addition to, and not  in
    23  lieu  of,  any  other laws protecting animal welfare. This section shall
    24  not be construed to limit any state law or rules protecting the  welfare
    25  of  animals  or  to  prevent  a  local  governing body from adopting and
    26  enforcing its own animal welfare laws and regulations.  Nothing in  this
    27  section  shall  prohibit a person from otherwise lawful disposition of a
    28  deceased horse or any part of such horse.
    29    7. If any provision of this section, or the application thereof to any
    30  person or circumstances, is held invalid or unconstitutional, such inva-
    31  lidity or unconstitutionality  shall  not  affect  other  provisions  or
    32  applications of this section that can be given effect without the inval-
    33  id  or  unconstitutional  provision  or application, and to such end the
    34  provisions of this section shall be severable.
    35    § 2. This act shall take effect on the one hundred twentieth day after
    36  it shall have become a law.