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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2122
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.
STATE OF NEW YORK
________________________________________________________________________
2122
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.
LBD00735-01-1
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.
