A00475 Summary:

BILL NOA00475
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSRPaulin, Gottfried, Dinowitz, Englebright, Steck, Weprin, Zebrowski, Colton
 
MLTSPNSRCusick, Glick, Hevesi, Montesano, Simon, Thiele
 
Add 353-g, Ag & Mkts L
 
Pertains to confinement of animals for food producing purposes; prohibits any person to tether or confine any pig during pregnancy, calf raised for veal, or egg-laying hen who is kept on a farm 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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A00475 Actions:

BILL NOA00475
 
01/06/2021referred to agriculture
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A00475 Committee Votes:

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A00475 Floor Votes:

There are no votes for this bill in this legislative session.
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A00475 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A475
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the confinement of animals for food producing purposes   PURPOSE: This bill phases out pig gestation crates, veal crates and hen battery cages.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the agriculture and markets law by adding a new section 353-e that defines the terms employed for the purposes of this bill. Subdivision two would make it unlawful for any person to confine any covered animal in a manner that prevents them from lying down, standing up and fully extending its limbs and turning around freely. Subdivision three lists exemptions to the rules set forth in the previ- ous subdivision. Subdivision four would make any violation of the provisions of this section a Class A misdemeanor. Subdivision five provides that nothing contained in this section shall conflict with humane local laws. Subdivision six stipulates that nothing in this section shall reduce the protection afforded to animals or the enforcement of such protection. Subdivision five sets out the enforcement mechanism for this section. Section two sets forth the effective date.   JUSTIFICATION: Harsh confinement within confinement crates and cages deprives calves, pigs and chickens 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 near- ly their entire lives inside tiny crates so small the animals cannot 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 similar 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 producers, announced that they would phase out the confinement of pigs over the next decade. Cargill, the nation's 8th biggest pork producers, has also stated that they are work- ing on phasing out confinement. The world's largest food-service provid- er, Compass group, is phasing out cage shell eggs for all of its 8,000 U.S. accounts. This announcement followed Bon Appetit's decision to phase out cage eggs for all of its 400 cafes, including major corporate clients such as Yahoo!, Oracle Corporation, Cisco Systems, Adidas, Best Buy, and Nordstrom, Cartwells and Gukenheimer, some of the largest U.S.-owned food service companies, made similar decisions. Other entities such as Ben and Jerry's, AOL, Google, Chicago's Swedish Covenant Hospital and Omni Hotels will not serve battery cage eggs in the food that they provide to workers, clients and guests. More than 350 schools have enacted policies to eliminate or greatly decrease their use of eggs from caged hens. These self-imposed pledges are an excellent first step, but the indus- try's best practices should be embraced across the board. American consumers are increasingly demanding the humane treatment of all animals, including those raised for food. New York State should rise to meet this demand by bringing the practices of its agricultural industry into the modem era. This ban is 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% vote. In 2007, the Oregon legislature banned gestation crates and in 2008, the Colorado legisla- ture banned both gestation crates and veal crates. California voters recently passed Proposition 2 which banned gestation crates, veal crates and battery cages by a 63.5-363% vote. The entire European Union has also banned both veal crates and gestation crates, effective 2007 and 2013, respectively.   LEGISLATIVE HISTORY: 2019-20: A.752 - Referred to Agriculture; S.657 - Referred to Agricul- ture 2017-18: A.1341 - Referred to Agriculture; S.4718 Referred to Agricul- ture 2015-16: A.372-A - Referred to Agriculture; S.3999 - Referred to Agri- culture 2013-14: A.424 - Referred to Agriculture 2011-12: A.1928 Referred to Agriculture 2009-10: A.8163 - Referred to Agriculture   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This bill shall take effect twenty-four months after it shall have become a law.
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A00475 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           475
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced by M. of A. L. ROSENTHAL, PAULIN, GOTTFRIED, DINOWITZ, ENGLE-
          BRIGHT,  STECK,  WEPRIN, ZEBROWSKI, COLTON -- Multi-Sponsored by -- M.
          of A. CUSICK, GLICK, HEVESI, MONTESANO, SIMON, THIELE -- read once and
          referred to the Committee on Agriculture

        AN ACT to amend the agriculture and markets  law,  in  relation  to  the
          confinement of 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, calf raised  for
     9  veal, or egg-laying hen who is kept on a farm.
    10    (c)  "Egg-laying  hen"  means any female domesticated chicken, turkey,
    11  duck, goose, or guinea fowl kept for the purpose of egg production.
    12    (d) "Enclosure" means any cage, crate, or other  structure  (including
    13  what  is  commonly  described  as  a "gestation crate" for pigs, a "veal
    14  crate" for calves, or a "battery cage"  for  egg-laying  hens)  used  to
    15  confine a covered animal.
    16    (e)  "Farm"  means  the  land, building, support facilities, and other
    17  equipment  that  are  wholly  or  partially  used  for  the   commercial
    18  production  of  animals  or  animal products used for food or fiber, and
    19  does not include live animal markets.
    20    (f) "Fully extending its limbs" means fully extending all limbs  with-
    21  out  touching  the  side of an enclosure, including, in the case of egg-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00384-01-1

        A. 475                              2
 
     1  laying hens, fully spreading both wings without touching the side of  an
     2  enclosure or other egg-laying hens.
     3    (g)  "Person"  means any individual, corporation, partnership, associ-
     4  ation, or other legal entity.
     5    (h) "Pig during pregnancy" means  any  pregnant  pig  of  the  porcine
     6  species kept for the primary purpose of breeding.
     7    (i) "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.
    10    2. It shall be unlawful for  any  person  to  tether  or  confine  any
    11  covered animal, as defined in subdivision one of this section, on a farm
    12  for  all  or  the  majority  of  any day, in a manner that prevents such
    13  animal from lying down, standing up and fully extending  its  limbs  and
    14  turning around freely.
    15    3.  This  section  shall  not  apply  during  the  following  lawfully
    16  performed activities:
    17    (A) Transportation,
    18    (B) Exhibitions at rodeos, fairs, youth programs, and similar  exhibi-
    19  tions,
    20    (C) Slaughtering process,
    21    (D) Scientific or agricultural research,
    22    (E) Examination, testing, individual treatment or operation for veter-
    23  inary purposes,
    24    (F)  To  a pig during the seven-day period prior to the pig's expected
    25  date of giving birth.
    26    4. A violation of the provisions of this section is a class  A  misde-
    27  meanor  punishable  by imprisonment for a period not to exceed one year,
    28  or by a fine not to exceed one thousand dollars, or by  both  such  fine
    29  and imprisonment.
    30    5.  Nothing  contained  in  this section shall prevent any town, city,
    31  village or county in New York state from enacting a local law  or  ordi-
    32  nance  to  provide for the humane treatment of and prevention of cruelty
    33  to farm animals, provided, however, that no such law shall conflict with
    34  the provisions of this section.
    35    6. Nothing contained in this section shall be construed to reduce  the
    36  protection  afforded  to  farm  animals  under any other section of this
    37  article or any other law or regulation. Nothing in this section shall be
    38  construed to limit or restrict agents or officers of societies  for  the
    39  prevention  of cruelty to animals or the police from enforcing the other
    40  provisions of this article or any other law or  regulation  relating  to
    41  the humane treatment of or cruelty to animals.
    42    7. This section shall be enforced by the department, and any agent and
    43  officer  of  any duly incorporated society for the prevention of cruelty
    44  to animals may issue an appearance ticket pursuant to section 150.20  of
    45  the  criminal procedure law, summons or arrest, and bring before a court
    46  or magistrate having jurisdiction, any person offending against  any  of
    47  the provisions of this section.
    48    § 2. This act shall take effect twenty-four months after it shall have
    49  become a law.
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