A424-2013 Actions

• Jan 9, 2013: referred to agriculture

A424-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          424
 2013-2014 Regular Sessions
 I N  ASSEMBLY
 (PREFILED)
 January 9, 2013
 
 Introduced  by  M.  of  A.  ROSENTHAL,  CASTRO, PAULIN, MAISEL, KELLNER,
 KAVANAGH,  MILLMAN,  ROBINSON,  GOTTFRIED,  ENGLEBRIGHT,  DINOWITZ  -
 Multi-Sponsored  by  --  M.  of A.   CUSICK, GLICK, HEVESI, MONTESANO,
 SCHIMEL, THIELE, TITUS, WEISENBERG -- 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:

 

Section  1. The agriculture and markets law is amended by adding a new
 section 353-f to read as follows:

 

S 353-F. CONFINEMENT OF ANIMALS FOR FOOD PRODUCING PURPOSES. 1.    FOR
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:

 (A) "CALF RAISED FOR VEAL" MEANS ANY CALF OF THE BOVINE  SPECIES  KEPT
 FOR THE PURPOSE OF PRODUCING THE FOOD PRODUCT DESCRIBED AS VEAL.
 (B)  "COVERED ANIMALS" MEANS ANY PIG DURING PREGNANCY, CALF RAISED FOR
 VEAL, OR EGG-LAYING HEN WHO IS KEPT ON A FARM.
 (C) "EGG-LAYING HEN" MEANS ANY FEMALE  DOMESTICATED  CHICKEN,  TURKEY,
 DUCK, GOOSE, OR GUINEA FOWL KEPT FOR THE PURPOSE OF EGG PRODUCTION.
 (D)  "ENCLOSURE"  MEANS ANY CAGE, CRATE, OR OTHER STRUCTURE (INCLUDING
 WHAT IS COMMONLY DESCRIBED AS A "GESTATION  CRATE"  FOR  PIGS,  A  "VEAL
 CRATE"  FOR  CALVES,  OR  A  "BATTERY CAGE" FOR EGG-LAYING HENS) USED TO
 CONFINE A COVERED ANIMAL.
 (E) "FARM" MEANS THE LAND, BUILDING,  SUPPORT  FACILITIES,  AND  OTHER
 EQUIPMENT   THAT  ARE  WHOLLY  OR  PARTIALLY  USED  FOR  THE  COMMERCIAL
 PRODUCTION OF ANIMALS OR ANIMAL PRODUCTS USED FOR  FOOD  OR  FIBER,  AND
 DOES NOT INCLUDE LIVE ANIMAL MARKETS.
 (F)  "FULLY EXTENDING ITS LIMBS" MEANS FULLY EXTENDING ALL LIMBS WITH
 OUT TOUCHING THE SIDE  OF  AN  ENCLOSURE,  INCLUDING,  IN  THE  CASE  OF
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04423-01-3
 
       A. 424                              2
 EGG-LAYING HENS, FULLY SPREADING BOTH WINGS WITHOUT TOUCHING THE SIDE OF
 AN ENCLOSURE OR OTHER EGG-LAYING HENS.
 (G)  "PERSON"  MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, ASSOCI
 ATION, OR OTHER LEGAL ENTITY.
 (H) "PIG DURING PREGNANCY" MEANS  ANY  PREGNANT  PIG  OF  THE  PORCINE
 SPECIES KEPT FOR THE PRIMARY PURPOSE OF BREEDING.
 (I) "TURNING AROUND FREELY" MEANS TURNING IN A COMPLETE CIRCLE WITHOUT
 ANY  IMPEDIMENT, INCLUDING A TETHER, AND WITHOUT TOUCHING THE SIDE OF AN
 ENCLOSURE.
 2. IT SHALL BE UNLAWFUL FOR  ANY  PERSON  TO  TETHER  OR  CONFINE  ANY
 COVERED ANIMAL, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, 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.
 3.  THIS  SECTION  SHALL  NOT  APPLY  DURING  THE  FOLLOWING  LAWFULLY
 PERFORMED ACTIVITIES:

 (A) TRANSPORTATION,
 (B) EXHIBITIONS AT RODEOS, FAIRS, YOUTH PROGRAMS, AND SIMILAR  EXHIBI
 TIONS,
 (C) SLAUGHTERING PROCESS,
 (D) SCIENTIFIC OR AGRICULTURAL RESEARCH,
 (E) EXAMINATION, TESTING, INDIVIDUAL TREATMENT OR OPERATION FOR VETER
 INARY PURPOSES,
 (F)  TO  A PIG DURING THE SEVEN-DAY PERIOD PRIOR TO THE PIG'S EXPECTED
 DATE OF GIVING BIRTH.
 4. A VIOLATION OF THE PROVISIONS OF THIS SECTION IS A CLASS  A  MISDE
 MEANOR  PUNISHABLE  BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR,
 OR BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS, OR BY  BOTH  SUCH  FINE
 AND IMPRISONMENT.
 5.  NOTHING  CONTAINED  IN  THIS SECTION SHALL PREVENT ANY TOWN, CITY,
 VILLAGE OR COUNTY IN NEW YORK STATE FROM ENACTING A LOCAL LAW  OR  ORDI
 NANCE  TO  PROVIDE FOR THE HUMANE TREATMENT OF AND PREVENTION OF CRUELTY
 TO FARM ANIMALS, PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL CONFLICT WITH
 THE PROVISIONS OF THIS SECTION.
 6. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO REDUCE  THE
 PROTECTION  AFFORDED  TO  FARM  ANIMALS  UNDER ANY OTHER SECTION OF THIS
 ARTICLE OR ANY OTHER LAW OR REGULATION. NOTHING IN THIS SECTION SHALL BE
 CONSTRUED TO LIMIT OR RESTRICT AGENTS OR OFFICERS OF SOCIETIES  FOR  THE
 PREVENTION  OF CRUELTY TO ANIMALS OR THE POLICE FROM ENFORCING THE OTHER
 PROVISIONS OF THIS ARTICLE OR ANY OTHER LAW OR  REGULATION  RELATING  TO
 THE HUMANE TREATMENT OF OR CRUELTY TO ANIMALS.
 7. THIS SECTION SHALL BE ENFORCED BY THE DEPARTMENT, AND ANY AGENT AND
 OFFICER  OF  ANY DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY
 TO ANIMALS MAY ISSUE AN APPEARANCE TICKET PURSUANT TO SECTION 150.20  OF
 THE  CRIMINAL PROCEDURE LAW, SUMMONS OR ARREST, AND BRING BEFORE A COURT
 OR MAGISTRATE HAVING JURISDICTION, ANY PERSON OFFENDING AGAINST  ANY  OF
 THE PROVISIONS OF THIS SECTION.
 

S 2. This act shall take effect January 1, 2017.

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