Bill S3867-2011

Makes it unlawful to force feed birds under certain circumstances

Makes it unlawful to force feed birds, by hand or machine, for the purpose of fatty enlargement of such bird's liver.

Details

Actions

  • Jan 4, 2012: REFERRED TO AGRICULTURE
  • Mar 8, 2011: REFERRED TO AGRICULTURE

Memo

BILL NUMBER:S3867

TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to making it unlawful to force feed birds under certain circumstances

PURPOSE OR GENERAL IDEA OF BILL:

This will prevent the force feeding of birds in the process of producing "foie gras".

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 353 of the agriculture and markets law as amended by chapter 523 of the laws of 2005, by adding the force feeding of a bird, by hand or machine, for the purpose to fatty enlargement of such bird's liver, to the list of acts which constitute cruelty to an animal which is a class A misdemeanor.

Section 2 of the bill is the effective date.

JUSTIFICATION:

The unusual practice of force feeding animals for nonmedical reasons is the sole method employed in the production of pate de foie gras. Foie gras (fatty liver), a gourmet delicacy, is the enlarged liver of a duck or goose. To obtain this product, the animals are force fed three times daily by means of a long pipe which is inserted into the esophagus of the animal. Compressed air is forced through the pipe to ensure the animal is fed an excessive amount. This leads to the swelling of the animal's liver, causing it to expand up to eight to twelve times its normal size. Often this force feeding of the animal causes the rupture of the animal's internal organs leading to infection and subsequently the animal's death. The daily force feeding regimen lasts approximately three to four weeks until the animal is slaughtered.

Presently, many European countries prohibit foie gras production. This legislation, if passed would prohibit this cruel practice and prevent further abuse to animals in New York St.ate.

In addition, the United States Humane Society filed suit against the NYS Department of Agriculture and Markets to prohibit the production and sale of foie gras as an adulterated food product.

PRIOR LEGISLATIVE HISTORY:

2005: S.2083 (Padavan) - Senate Agriculture 2007: S.1463 (Padavan) - Senate Agriculture

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3867 2011-2012 Regular Sessions IN SENATE March 8, 2011 ___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to making it unlawful to force feed birds under certain circumstances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of section 353 of the agriculture and markets law, as amended by chapter 523 of the laws of 2005, is amended to read as follows: A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself or to another, or deprives any animal of necessary sustenance, food or drink, OR FORCE FEEDS A BIRD, BY HAND OR MACHINE, FOR THE PURPOSE OF FATTY ENLARGEMENT OF SUCH BIRD'S LIVER, or neglects or refuses to furnish it such suste- nance or drink, or causes, procures or permits any animal to be over- driven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink, or who wilfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal, or any act tending to produce such cruelty, is guilty of a class A misdemeanor and for purposes of paragraph (b) of subdivision one of section 160.10 of the criminal procedure law, shall be treated as a misdemeanor defined in the penal law. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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