A02122 Summary:

SPONSORRosenthal L
COSPNSRWeprin, Thiele, Englebright, Colton, Montesano, Galef
MLTSPNSRFahy, Glick, Gottfried, Hevesi, Simon, Solages, Steck
Add 353-g, Ag & Mkts L
Pertains to confinement of certain animals for food producing purposes; prohibits any person to tether or confine any pig during pregnancy or calf raised for veal for all or the majority of any day in a manner that prevents such animal from lying down, standing up and fully extending its 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.
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A02122 Actions:

01/14/2021referred to agriculture
01/05/2022referred to agriculture
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A02122 Committee Votes:

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A02122 Floor Votes:

There are no votes for this bill in this legislative session.
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A02122 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the confinement of certain animals for food producing purposes   PURPOSE: This bill phases out pig gestation crates and veal crates.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the agriculture and markets law by adding a new section 353-g. Section two sets forth the effective date.   JUSTIFICATION: Harsh confinement within confinement crates and cages deprives calves and pigs of the ability to engage in natural behavior. Animals confined in such circumstances experience extensive and significant physical and psychological trauma. Nationwide, about one million calves raised for veal and six million breeding sows (female pigs) suffer nearly their entire lives inside tiny crates so small the animals can't even turn around. According the Humane Society of the United States, veal factory farmers separate calves from their mothers within the first few days of birth and cram them into individual crates or stalls, tethered by their necks. Inside these enclosures, the calves can barely move. Breeding sows suffer under simi- lar circumstances. Gestation crates board pregnant pigs for nearly their entire four-month pregnancy. These tiny metal crates are not even large enough for the pig to move or perform natural behaviors such as cleaning themselves or simply turning around. Veal and pork producers nationally are already in the process of phasing out veal and gestation crates. All veal producers have set a deadline of 2017 for themselves to phase out veal crates. In January 2007, Smith- field, the nation's largest pork producer, announced that they would phase out the confinement of pigs over the next decade and Cargill, the nation's eight biggest pork producer, has also stated that it is working on phasing out confinement. Bans on gestation crates are not without precedent. In 2002, Florida voters banned gestation crates in a 55-45%-vote. In 2006, Arizona voters banned both gestation crates and veal crates in a 62-38.'6 vote. In 2007, the Oregon legislature banned gestation crates and in 2008, the Colorado legislature banned both gestation crates and veal crates. Finally, California voters recently passed Proposition 2 which banned gestation crates, veal crates and battery cages by a 63.536.5% vote. The entire European Union has also banned both veal crates and gestation crates, effective 2007 and 2013, respectively.   LEGISLATIVE HISTORY: 2019-20: A.800 - Referred to Agriculture 2017-18: A.1147 - Referred to Agriculture 2015-16: A.384 - Referred to Agriculture; S.59-A - Referred to Agricul- ture 2013-14: A.1656 - Referred to Agriculture; S.4987 - Referred to Agricul- ture 2011-12: A.9449 - Referred to Agriculture   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This bill shall take effect immediately.
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A02122 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2021
        Introduced  by  M.  of  A.  L. ROSENTHAL,  WEPRIN,  THIELE, ENGLEBRIGHT,
          COLTON, MONTESANO -- Multi-Sponsored by -- M. of A. FAHY, GLICK, GOTT-
          FRIED, HEVESI, SIMON, SOLAGES, STECK -- read once and referred to  the
          Committee on Agriculture
        AN  ACT  to  amend  the  agriculture and markets law, in relation to the
          confinement of certain 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-g to read as follows:
     3    § 353-g. 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 or a calf raised
     9  for veal.
    10    (c) "Enclosure" means any cage, crate, or other  structure  (including
    11  what  is  commonly  described as a "gestation crate" for pigs or a "veal
    12  crate" for calves, used to confine a covered animal.
    13    (d) "Farm" means the land, buildings, support  facilities,  and  other
    14  equipment   that  are  wholly  or  partially  used  for  the  commercial
    15  production of animals or animal products used for  food  or  fiber,  and
    16  does not include live animal markets.
    17    (e)  "Fully extending its limbs" means fully extending all limbs with-
    18  out touching the side of an enclosure.
    19    (f) "Person" means any individual, corporation,  partnership,  associ-
    20  ation, or other legal entity.
    21    (g)  "Pig  during  pregnancy"  means  any  pregnant pig of the porcine
    22  species kept for the primary purpose of breeding.

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

        A. 2122                             2
     1    (h) "Turning around freely" means turning in a complete circle without
     2  any impediment, including a tether, and without touching the side of  an
     3  enclosure.
     4    2.  It  shall  be  unlawful  for  any  person to tether or confine any
     5  covered animal, as defined in subdivision one of this section, on a farm
     6  for all or the majority of any day,  in  a  manner  that  prevents  such
     7  animal  from  lying  down, standing up and fully extending its limbs and
     8  turning around freely.
     9    3.  This  section  shall  not  apply  during  the  following  lawfully
    10  performed activities:
    11    (a) Transportation,
    12    (b)  Exhibitions at rodeos, fairs, youth programs, and similar exhibi-
    13  tions,
    14    (c) Slaughtering process,
    15    (d) Scientific or agricultural research,
    16    (e) Examination, testing, individual treatment or operation for veter-
    17  inary purposes,
    18    (f) To a pig during the seven-day period prior to the  pig's  expected
    19  date of giving birth.
    20    4.  A  violation of the provisions of this section is a class A misde-
    21  meanor punishable by imprisonment for a period not to exceed  one  year,
    22  or  by  a  fine not to exceed one thousand dollars, or by both such fine
    23  and imprisonment.
    24    5. Nothing contained in this section shall  prevent  any  town,  city,
    25  village  or  county in New York state from enacting a local law or ordi-
    26  nance to provide for the humane treatment of and prevention  of  cruelty
    27  to farm animals, provided, however, that no such law shall conflict with
    28  the provisions of this section.
    29    6.  Nothing contained in this section shall be construed to reduce the
    30  protection afforded to farm animals under  any  other  section  of  this
    31  article or any other law or regulation. Nothing in this section shall be
    32  construed  to  limit or restrict agents or officers of societies for the
    33  prevention of cruelty to animals or the police from enforcing the  other
    34  provisions  of  this  article or any other law or regulation relating to
    35  the humane treatment of or cruelty to animals.
    36    7. This section shall be enforced by the department, and any agent and
    37  officer of any duly incorporated society for the prevention  of  cruelty
    38  to  animals may issue an appearance ticket pursuant to section 150.20 of
    39  the criminal procedure law, summons or arrest, and bring before a  court
    40  or  magistrate  having jurisdiction, any person offending against any of
    41  the provisions of this section.
    42    § 2. This act shall take effect twenty-four months after it shall have
    43  become a law.
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