Bill A3905-2013

Prohibits the slaughter of horses for human consumption

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.

Details

Actions

  • Jan 8, 2014: referred to agriculture
  • Jan 29, 2013: referred to agriculture

Text

STATE OF NEW YORK ________________________________________________________________________ 3905 2013-2014 Regular Sessions IN ASSEMBLY January 29, 2013 ___________
Introduced by M. of A. GLICK, JAFFEE -- Multi-Sponsored by -- M. of A. COLTON, FARRELL, GOTTFRIED, MAGEE, MILLMAN, SWEENEY -- read once and referred to the Committee on Agriculture 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
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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