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S05172 Summary:

SAME ASNo same as
Add S378-a, Ag & Mkts L
Relates to the unlawful tampering of farm animals.
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S05172 Text:

                STATE OF NEW YORK
                               2011-2012 Regular Sessions
                    IN SENATE
                                       May 3, 2011
        Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture
        AN ACT to amend the agriculture and markets law, in relation to unlawful
          tampering with farm animals
          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 378-a to read as follows:
     3    § 378-a. Unlawful tampering with farm animals. 1.  Definitions.    For
     4  the purposes of this section, the following terms shall have the follow-
     5  ing meanings:
     6    (a) "Farm animal" means any warm or cold blooded animal which is being
     7  used in the production of food or fiber for agricultural purposes.
     8    (b)  "Farm"  means any building, structure, vehicle, pasture, paddock,
     9  pond, impoundment area, land or property upon  which  farm  animals  are
    10  housed, cared for, grazed or bred.
    11    (c)  "Release"  means to intentionally set free from any farm any farm
    12  animal without any right, title, or claim thereto.

    13    (d) "Person" means any individual,  firm,  organization,  partnership,
    14  association or corporation, including employees of the farm.
    15    (e)  "Notice"  means  to  provide  information and disclosure, through
    16  posting at a centralized location on the farm, through notice in writing
    17  or orally to the person, or prominently  posting  such  notice  upon  or
    18  immediately adjacent to the entry to the farm.
    19    (f)  "Unlawful tampering" means any interference with a farm animal or
    20  farm through the injection of any unauthorized substance, the release of
    21  a farm animal, the unauthorized feeding  or  unauthorized  video,  audio
    22  recording or photography done without the farm owner's written consent.

    23    2. Any person who, after notice has been given that the farm prohibits
    24  unlawful  tampering,  knowingly  or intentionally does such is guilty of
    25  unlawful tampering with a farm animal, a  misdemeanor  punishable  by  a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5172                             2
     1  term  of imprisonment for up to one year or a fine of up to one thousand
     2  dollars.
     3    3.  Any  person  who  violates  any provision of this section shall be
     4  liable in any court of competent jurisdiction,  including  small  claims

     5  court,  in  an amount equal to the damages sustained as a result of such
     6  violation, including attorney's fees and costs, veterinarian's fees  and
     7  costs,  and the cost of purchasing a replacement farm animal if applica-
     8  ble.
     9    § 2. This act shall take effect immediately.
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