Sponsor:
PADAVAN
Committee: CONSUMER PROTECTION
Law Section: Agriculture and Markets Law
Committee: CONSUMER PROTECTION
Law Section: Agriculture and Markets Law
S3178 Summary
Prohibits any person from slaughtering a horse where such person knows or has reason to know that such horse will be used for human consumption; and prohibits any person from selling, bartering, giving away, purchasing, possessing, transporting, delivering or receiving horseflesh where such person knows or should know that such horseflesh is intended for human consumption; and provides penalties for violation.S3178 Actions
S3178 - REFERRED TO CONSUMER PROTECTION - Mar 12, 2009S3178 Memo
BILL NUMBER: S3178
TITLE OF BILL : An act to amend the agriculture and markets law, in relation to prohibiting the slaughtering of horses for human consumption
PURPOSE : The amend the agriculture and markets law by adding a new section 380, to prohibit the slaughtering of horses for human consumption.
SUMMARY OF PROVISIONS : The agriculture and markets law shall be amended by adding a new section 380. This section will make it unlawful to slaughter a horse for human consumption. It shall be unlawful to purchase, trade, offer, transport or export a horse with the intent of it being slaughtered for human consumption. The term horse, includes all members of the equine family, including horses, ponies, donkeys, mules, asses, and burros. A violation of this law will be a misdemeanor punishable by imprisonment for not more than one year or by a fine of not more than one thousand dollars or by both. In lieu of criminal prosecution, a civil penalty of up to one thousand dollars may be imposed on an individual, five thousand on a corporation for the first violation. Subsequent violations shall be punishable by fines up to twenty-five thousand dollars.
JUSTIFICATION : More than 49,000 horses were slaughtered in the United States in 2003, according to the U.S. Department of Agriculture, an alarming 16% increase over the previous year. The vast majority of these horses are being slaughtered for human consumption abroad. The number of American horses going to slaughter has increased significantly given European and Japanese concerns about mad cow disease and the subsequent desire to find "safer" sources of meat. Pet horses, work horses, racehorses and even wild horses go to slaughter. Most arrive at the slaughterhouse via livestock auctions where, often unknown to the seller, they are bought by middlemen working for the slaughter plants. These so-called "killer buyers" travel from one auction to the next collecting young, old, sick and healthy animals until their trucks are full. Some are shipped for more than 24 hours at a time without food, water or rest, and suffer horribly along the way. Callous treatment of horses at the slaughterhouse often results in their prolonged suffering. Panicked horses are prodded and beaten off the truck and into the kill-chute. The improper use of stunning equipment, designed to render the animal unconscious with a swift shot to the head, means that horses sometimes endure repeated blows and remain conscious during their own slaughter. This bill would ensure that such cruelty and blatant disregard of one of America's most majestic and noble creatures will no longer be tolerated in New York State.
LEGISLATIVE HISTORY : S.1462/A.2572 of 2007-08, passed Senate; S.1788 of 2005-06.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect on the one hundred twentieth day after it shall have become a law.
S3178 Text
S T A T E O F N E W Y O R K
3178
2009-2010 Regular Sessions I N SENATE March 12, 2009
Introduced by Sen. PADAVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the agriculture and markets law, in relation to prohib iting the slaughtering of horses for human consumption
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. The agriculture and markets law is amended by adding a new section 380 to read as follows:
S 380. PROHIBITION OF SLAUGHTERING HORSES FOR HUMAN CONSUMPTION. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL FOR ANY PERSON TO SLAUGHTER OR HAVE ANOTHER PERSON SLAUGHTER A HORSE WHERE SUCH PERSON KNOWS OR SHOULD KNOW THAT ANY PART OF SUCH HORSE WILL BE USED FOR HUMAN CONSUMPTION. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL FOR ANY PERSON TO SELL, OFFER TO SELL OR BARTER, GIVE AWAY, PURCHASE, POSSESS, TRANSPORT, DELIVER, OR RECEIVE ANY HORSE WITH THE INTENT OF SLAUGHTERING OR HAVING ANOTHER PERSON SLAUGHTER SUCH HORSE IF SUCH PERSON KNOWS OR SHOULD KNOW THAT ANY OF THE HORSEFLESH IS INTENDED FOR HUMAN CONSUMPTION. 3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL FOR ANY PERSON TO SELL, BARTER, OFFER TO SELL OR BARTER, GIVE AWAY, PURCHASE, POSSESS, TRANSPORT, DELIVER, OR RECEIVE HORSEFLESH IF SUCH PERSON KNOWS OR SHOULD KNOW THAT ANY OF THE HORSEFLESH WILL BE USED FOR HUMAN CONSUMPTION. 4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL FOR ANY PERSON TO IMPORT INTO OR EXPORT FROM THIS STATE, LIVE HORSES WHERE SUCH PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSE IS INTENDED FOR SLAUGHTER FOR HUMAN CONSUMPTION. 5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL FOR ANY PERSON TO IMPORT INTO OR EXPORT FROM THIS STATE, HORSEFLESH EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04532-01-9
S. 3178 2 WHERE SUCH PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSEFLESH IS INTENDED FOR HUMAN CONSUMPTION. 6. IT SHALL BE UNLAWFUL TO OFFER HORSEFLESH FOR SALE FOR HUMAN CONSUMPTION. 7. AS USED IN THIS SECTION, THE TERM "HORSE" INCLUDES ALL MEMBERS OF THE EQUINE FAMILY, INCLUDING HORSES, PONIES, DONKEYS, MULES, ASSES AND BURROS; AND THE TERM "HORSEFLESH" MEANS THE FLESH OF A DEAD HORSE, INCLUDING THE ANIMAL'S VISCERA, SKIN, HAIR, HIDE, HOOVES, AND BONES; THE TERM "PERSON" MEANS AN INDIVIDUAL, CORPORATION, PARTNERSHIP, TRUST, ASSOCIATION OR OTHER LEGAL ENTITY. 8. A VIOLATION OF THIS SECTION IS A MISDEMEANOR PUNISHABLE BY IMPRI SONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH. IN LIEU OF CRIMINAL PROSECUTION, A VIOLATION OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO ONE THOUSAND DOLLARS FOR AN INDIVIDUAL AND UP TO FIVE THOUSAND DOLLARS FOR A CORPORATION FOR THE FIRST VIOLATION. ANY SUBSEQUENT VIOLATION SHALL BE PUNISHABLE BY A CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND DOLLARS. 9. ANY CIVIL PENALTIES COLLECTED PURSUANT TO THIS SECTION OF LAW SHALL BE PAYABLE TO THE ANIMAL POPULATION CONTROL FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-XX OF THE STATE FINANCE LAW.
S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.
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