A07841 Summary:

BILL NOA07841
 
SAME ASNo Same As
 
SPONSOREpstein
 
COSPNSRSimon
 
MLTSPNSR
 
Add §353-g, Ag & Mkts L
 
Prohibits the confinement of farm animals in a cruel manner; provides that anyone who violates such cruel confinement prohibitions shall be guilty of a misdemeanor.
Go to top    

A07841 Actions:

BILL NOA07841
 
07/07/2023referred to agriculture
01/03/2024referred to agriculture
Go to top

A07841 Committee Votes:

Go to top

A07841 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A07841 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7841
 
SPONSOR: Epstein
  TITLE OF BILL: An act to amend the agriculture and market law, in relation to prohibit- ing the confinement of farm animals in a cruel manner   PURPOSE OR GENERAL IDEA OF BILL: This bill amends the agriculture and markets law in New York to prohibit the cruel confinement of farm animals, including breeding pigs, calves raised for veal, and egg-laying hens, and imposes penalties for violations.   SUMMARY OF PROVISIONS: Section 1 amends the existing agriculture and market law by adding a new section that prohibits the cruel confinement of farm animals. The purpose of this section is to ensure that farm owners or operators with- in the state do not confine covered animals in a cruel manner. This section includes defining terms such as breeding pig, cage-free housing system, and calf raised for veal. Section 2 establishes that business owners or operators are prohibited from knowingly selling products derived from animals that have been confined in a cruel manner. The purpose of this section is to discourage the sale of products that involve the cruel confinement of farm animals. Section 3 provides limited exceptions to the prohibition of cruel confinement for specific purposes such as medical research, veterinary purposes, transportation, exhibitions, slaughter, and temporary periods for animal husbandry. The purpose of this section is to ensure that necessary activities related to farm animals can still take place while promoting their welfare. Section 4 assigns the Department the responsibility of promulgating rules and regulations for the implementation of these provisions and establishes that violations of the provisions may result in misdemeanor charges. The purpose of this section is to provide guidance and over- sight in enforcing the law and ensuring compliance with the prohibition of cruel confinement as well as creating legal consequences for those who knowingly engage in cruel confinement of farm animals. Section 5 provides a defense for business owners or operators who relied in good faith on written certifications from suppliers regarding the source of the animal products. The purpose of this section is to protect businesses from liability if they acted in good faith based on informa- tion provided by their suppliers. Section 6 clarifies that these provisions are in addition to other laws protecting animal welfare and do not limit existing state or local regu- lations. The purpose of this section is to ensure that the new provisions work in conjunction with existing laws and regulations related to animal welfare.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   JUSTIFICATION: The proposed bill, which aims to prohibit the cruel confinement of farm animals, should be enacted into law due to its potential to improve animal welfare, promote ethical farming practices, and align with public sentiment and scientific evidence. The bill addresses the issue of animal welfare by introducing measures to prevent the cruel confinement of farm animals. Numerous studies and reports from reputable sources have documented the adverse physical and psychological effects of intensive confinement on animals. For example, a comprehensive review published in the journal Animals in 2019 analyzed scientific literature and concluded that confinement systems often lead to poor welfare outcomes, including increased stress, injuries, and decreased ability to express natural behaviors. Furthermore, public opinion increasingly favors humane treatment of animals. A 2019 survey conducted by the University of Oxford found that 80% of respondents in the United States supported the banning of inten- sive confinement practices. Such widespread support indicates a growing societal recognition of the importance of animal welfare and the desire for responsible and compassionate farming practices. The bill also aligns with the scientific consensus on animal welfare. Various academic researchers and organizations, such as the American Veterinary Medical Association, have highlighted the need to provide animals with environments that allow for natural behaviors and minimize unnecessary suffering. These expert opinions and scientific findings emphasize the urgency and significance of enacting legislation to address the issue of cruel confinement. By enacting this bill, lawmakers would take a significant step towards ensuring the well-being of farm animals and fostering a more compassionate and sustainable food system.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A07841 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7841
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      July 7, 2023
                                       ___________
 
        Introduced  by  M. of A. EPSTEIN, SIMON -- read once and referred to the
          Committee on Agriculture
 
        AN ACT to amend the agriculture and market law, in relation to prohibit-
          ing the confinement of farm animals in a cruel manner
 
          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-g to read as follows:
     3    § 353-g. Farm animal cruelty. 1. For the purposes of this section, the
     4  following terms shall have the following meanings:
     5    (a) "breeding pig" means any female pig of the  porcine  species  kept
     6  for  the  purpose  of  commercial breeding who is six months or older or
     7  pregnant;
     8    (b) "business owner or operator" means any person who owns or controls
     9  the operations of a business;
    10    (c) "cage-free housing system" means an indoor or  outdoor  controlled
    11  environment for egg-laying hens within which hens are free to roam unre-
    12  stricted;  are  provided  enrichments that allow them to exhibit natural
    13  behaviors, including, at a minimum, scratch areas, perches, nest  boxes,
    14  and dust bathing areas; and within which farm employees can provide care
    15  while  standing  within  the  hens' usable floorspace. Cage-free housing
    16  systems include, to the extent they comply with the requirements of this
    17  section, the following:
    18    (i) multitiered aviaries,  in  which  hens  have  access  to  multiple
    19  elevated  platforms that provide hens with usable floorspace both on top
    20  of and underneath the platforms;
    21    (ii) partially slatted systems, in which hens have access to  elevated
    22  flat platforms under which manure drops through the flooring to a pit or
    23  litter removal belt below;
    24    (iii)  single-level  all-litter  floor  systems bedded with litter, in
    25  which hens have limited or no access to elevated flat platforms; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11479-01-3

        A. 7841                             2
 
     1    (iv) any future systems that comply  with  the  requirements  of  this
     2  section;
     3    (d)  "calf  raised for veal" means any calf of the bovine species kept
     4  for the purpose of producing the food product described as veal;
     5    (e) "confined in a cruel manner" means any one of the following acts:
     6    (i) confining a covered animal in a manner that  prevents  the  animal
     7  from  lying  down,  standing  up, fully extending the animal's limbs, or
     8  turning around freely;
     9    (ii) after December thirty-first, two thousand twenty-four,  confining
    10  a  calf raised for veal with less than forty-three square feet of usable
    11  floorspace per calf;
    12    (iii) after December thirty-first, two thousand twenty-four, confining
    13  a breeding pig with less than twenty-four square feet of usable  floors-
    14  pace per pig; and
    15    (iv)  after December thirty-first, two thousand twenty-four, confining
    16  an egg-laying hen with less than the amount of usable floorspace per hen
    17  required by the 2017 edition of the United Egg Producers' Animal Husban-
    18  dry Guidelines for U.S.  Egg-Laying  Flocks:  Guidelines  for  Cage-Free
    19  Housing or in an enclosure other than a cage-free housing system;
    20    (f)  "covered animal" means any calf raised for veal, breeding pig, or
    21  egg-laying hen who is kept on a farm;
    22    (g) "egg-laying hen" means any female  domesticated  chicken,  turkey,
    23  duck, goose, or guineafowl kept for the purpose of egg production;
    24    (h)  "enclosure" means a structure used to confine a covered animal or
    25  animals;
    26    (i) "farm" means the land, building,  support  facilities,  and  other
    27  equipment   that  are  wholly  or  partially  used  for  the  commercial
    28  production of animals or animal products used for  food  or  fiber;  and
    29  does  not include live animal markets, establishments at which mandatory
    30  inspection is provided under the Federal Meat Inspection Act (21  U.S.C.
    31  Sec.  601  et seq.), or official plants at which mandatory inspection is
    32  maintained under the federal Egg Products Inspection Act (21 U.S.C. Sec.
    33  1031 et seq.);
    34    (j) "farm owner or operator" means any person who owns or controls the
    35  operations of a farm;
    36    (k) "fully extending the animal's limbs"  means  fully  extending  all
    37  limbs without touching the side of an enclosure, or another animal;
    38    (l)  "liquid  eggs"  means  eggs  of an egg-laying hen broken from the
    39  shells, intended for human food, with the  yolks  and  whites  in  their
    40  natural  proportions,  or with the yolks and whites separated, mixed, or
    41  mixed  and  strained.  Liquid  eggs  do  not  include  combination  food
    42  products,  including  pancake mixes, cake mixes, cookies, pizzas, cookie
    43  dough, ice cream, or similar processed or prepared food  products,  that
    44  are  comprised  of more than liquid eggs, sugar, salt, water, seasoning,
    45  coloring, flavoring, preservatives, stabilizers, and similar food  addi-
    46  tives;
    47    (m)  "person"  means any individual, firm, partnership, joint venture,
    48  association, limited  liability  company,  corporation,  estate,  trust,
    49  receiver, or syndicate;
    50    (n)  "pork  meat" means meat of a pig of the porcine species, intended
    51  for use as human food;
    52    (o) "sale" means a commercial sale by a business that sells  any  item
    53  covered  by this section, but does not include any sale undertaken at an
    54  establishment at which mandatory inspection is provided under the Feder-
    55  al Meat Inspection Act (21 U.S.C. Sec. 601 et seq.), or any sale  under-
    56  taken  at  an official plant at which mandatory inspection is maintained

        A. 7841                             3
 
     1  under the federal Egg Products Inspection Act (21 U.S.C.  Sec.  1031  et
     2  seq.).  For purposes of this section, a sale shall be deemed to occur at
     3  the  location  where  the  buyer  takes  physical  possession of an item
     4  covered by subdivision two of this section;
     5    (p)  "shell  egg"  means a whole egg of an egg-laying hen in its shell
     6  form, intended for use as human food;
     7    (q) "turning around freely" means turning in a complete circle without
     8  any impediment, including a tether, and without touching the side of  an
     9  enclosure or another animal;
    10    (r) "uncooked" means requiring cooking prior to human consumption;
    11    (s)  "usable  floorspace" means the total square footage of floorspace
    12  provided to each covered animal, as calculated  by  dividing  the  total
    13  square  footage of floorspace provided to the animals in an enclosure by
    14  the number of animals in that enclosure. In the case of egg-laying hens,
    15  usable floorspace shall include both groundspace and elevated level flat
    16  platforms upon which hens can roost, but shall not  include  perches  or
    17  ramps;
    18    (t)  "veal meat" means meat of a calf raised for veal intended for use
    19  as human food;
    20    (u) "whole pork meat" means any uncooked cut of pork, including bacon,
    21  ham, chop, ribs,  riblet,  loin,  shank,  leg,  roast,  brisket,  steak,
    22  sirloin,  or cutlet, that is comprised entirely of pork meat, except for
    23  seasoning, curing agents, coloring, flavoring, preservatives, and  simi-
    24  lar  meat  additives.  Whole pork meat does not include combination food
    25  products, including soups, sandwiches,  pizzas,  hot  dogs,  or  similar
    26  processed  or  prepared  food  products, that are comprised of more than
    27  pork meat, seasoning, curing agents, coloring, flavoring, preservatives,
    28  and similar meat additives; and
    29    (v) "whole veal meat" means any uncooked cut of veal, including  chop,
    30  ribs,  riblet,  loin,  shank,  leg,  roast,  brisket, steak, sirloin, or
    31  cutlet, that is comprised entirely of veal meat, except  for  seasoning,
    32  curing  agents,  coloring,  flavoring,  preservatives,  and similar meat
    33  additives. Whole veal meat does not include combination  food  products,
    34  including  soups,  sandwiches, pizzas, hot dogs, or similar processed or
    35  prepared food products, that are  comprised  of  more  than  veal  meat,
    36  seasoning,  curing agents, coloring, flavoring, preservatives, and simi-
    37  lar meat additives.
    38    2. In addition to other applicable provisions of law:
    39    (a) a farm owner or operator within  the  state  shall  not  knowingly
    40  cause any covered animal to be confined in a cruel manner; and
    41    (b)  a  business  owner  or operator shall not knowingly engage in the
    42  sale within the state of any of the following:
    43    (i) whole veal meat that the  business  owner  or  operator  knows  or
    44  should  know is the meat of a covered animal who was confined in a cruel
    45  manner;
    46    (ii) whole pork meat that the business  owner  or  operator  knows  or
    47  should  know is the meat of a covered animal who was confined in a cruel
    48  manner, or is the meat of immediate offspring of a  covered  animal  who
    49  was confined in a cruel manner;
    50    (iii)  shell  egg  that the business owner or operator knows or should
    51  know is the product of a covered animal who  was  confined  in  a  cruel
    52  manner; and
    53    (iv)  liquid  eggs that the business owner or operator knows or should
    54  know are the product of a covered animal who was  confined  in  a  cruel
    55  manner.
    56    3. This section shall not apply:

        A. 7841                             4
 
     1    (a) during medical research;
     2    (b)  during  examination,  testing, individual treatment, or operation
     3  for veterinary purposes;
     4    (c) during transportation;
     5    (d) during rodeo exhibitions, state or county  fair  exhibitions,  4-H
     6  programs, and similar exhibitions;
     7    (e)  during  the  slaughter of a covered animal in accordance with the
     8  provisions of this chapter, and other applicable law and regulations;
     9    (f) to a breeding pig during the five-day period prior to the breeding
    10  pig's expected date of giving birth, and any day that the  breeding  pig
    11  is nursing piglets; and
    12    (g) during temporary periods for animal husbandry purposes for no more
    13  than  six hours in any twenty-four hour period, and no more than twenty-
    14  four hours total in any thirty day period.
    15    4. (a) The department shall promulgate rules and regulations  for  the
    16  implementation  of this section by September first, two thousand twenty-
    17  four.
    18    (b) Any person who violates any of the provisions of this  section  is
    19  guilty  of  a misdemeanor, and upon conviction thereof shall be punished
    20  by a fine not to exceed one thousand dollars or by  imprisonment  for  a
    21  period  not  to  exceed one hundred eighty days or by both such fine and
    22  imprisonment. In addition, a violation of paragraph (b)  of  subdivision
    23  two of this section constitutes unfair competition.
    24    (c)  The  provisions  of this section relating to cruel confinement of
    25  covered animals and sale of products  shall  supersede  any  conflicting
    26  regulations.
    27    5.  It  shall  be  a defense to any action to enforce paragraph (b) of
    28  subdivision two of this section that a business owner or operator relied
    29  in good faith upon a written certification  by  the  supplier  that  the
    30  whole veal meat, whole pork meat, shell egg, or liquid eggs at issue was
    31  not derived from a covered animal who was confined in a cruel manner, or
    32  from  the  immediate  offspring  of a breeding pig who was confined in a
    33  cruel manner.
    34    6. The provisions of this section are in addition to, and not in  lieu
    35  of,  any other laws protecting animal welfare. This section shall not be
    36  construed to limit any state law or regulations protecting  the  welfare
    37  of animals, nor shall anything in this section prevent a local governing
    38  body  from  adopting and enforcing its own animal welfare laws and regu-
    39  lations.
    40    § 2. This act shall take effect immediately.
Go to top