NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2313
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to downed
animals
PURPOSE:
This bill adds the definition of a "downed animal" to the agriculture
and markets law.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 96-g of the agriculture and markets law by
adding a new subdivision 18.
Section two amends the agriculture and markets law by adding a new
section 96-k. Section three sets forth the effective date.
JUSTIFICATION:
This proposal amends the Agriculture and Markets law to provide that a
"downed" animal" be humanely euthanized or given veterinary treatment. A
"downed" animal is defined as one that is unable to stand and walk with-
out assistance. This bill would ensure that "downed" animals do not
enter the nation's food supply, thereby protecting the public health.
LEGISLATIVE HISTORY:
2019-20: A.1241 - Referred to Agriculture
2017-18: A.4893 - Referred to Agriculture
2015-16: A.893 - Referred to Agriculture
2013-14: A.724-A - Referred to Agriculture
2011-12: A.1725 - Referred to Agriculture
2009-10: A.4513 - Referred to Agriculture; S.2426 - Referred to Agricul-
ture
2007-08: A.10843 - Referred to Agriculture; S.7847 - Committed to Rules
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become a
law.
STATE OF NEW YORK
________________________________________________________________________
2313
2021-2022 Regular Sessions
IN ASSEMBLY
January 14, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to downed
animals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 96-g of the agriculture and markets law is amended
2 by adding a new subdivision 18 to read as follows:
3 18. "Downed animal" means any live species of cattle, sheep, goats or
4 swine that is unable to stand and walk unassisted.
5 § 2. The agriculture and markets law is amended by adding a new
6 section 96-k to read as follows:
7 § 96-k. Downed animals. 1. No slaughterhouse, stockyard, auction
8 market agency, or dealer shall buy, sell, or receive a downed animal or
9 products of downed animals for human consumption.
10 2. No slaughterhouse, stockyard, auction market agency, or dealer
11 shall hold a downed animal without taking immediate action to humanely
12 euthanize the animal, or humanely remove the animal for veterinary
13 treatment.
14 3. While in transit or on the premises of a slaughterhouse, stockyard,
15 auction market agency, or dealer, a downed animal shall not be dragged
16 at any time, or pushed with equipment at any time, but shall be moved
17 with a sling or on a stoneboat or by other sled-like or wheeled convey-
18 ance.
19 4. As used in this section (a) "humanely euthanized" means to kill by
20 chemical method or a penetrating captive bolt to the frontal part of the
21 brain that rapidly and effectively renders the animal insensitive to
22 pain. Chemical methods are to be restricted solely to the use of a
23 pentobarbital solution in a concentration designed to achieve an immedi-
24 ate and painless death; and (b) "humanely remove" means moving a downed
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00861-01-1
A. 2313 2
1 animal with a sling or on a stoneboat or by other sled-like or wheeled
2 conveyance.
3 5. A violation of this section shall be a misdemeanor as defined in
4 subdivision four of section 10.00 of the penal law.
5 § 3. This act shall take effect on the ninetieth day after it shall
6 have become a law.
