Prohibits any person from transporting, holding, buying, selling, giving, receiving or marketing a nonambulatory animal unless such animal is first humanely euthanized without undue delay from the time that such animal becomes nonambulatory; makes certain exceptions; provides violation provisions; and defines relevant terms.
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to nonambulatory animals
PURPOSE OF BILL: This bill provides for the humane treatment of nonambulatory domestic animals with respect to transport, veterinary care, and euthanasia.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 of this bill amends the Agriculture and Markets Law by adding a new § 357-a to provide that no individual shall buy, sell, give, transfer or transport a nonambulatory animal unless proper veterinary treatment has been administered.
A nonambulatory animal is defined as any domestic animal that is raised for commercial or subsistence purposes and that is unable to stand and walk without assistance.
However, a nonambulatory animal may be temporarily held or humanely transported, where the animal becomes nonambulatory on the property of a farmer who has bred or raised the animal, for the purposes of administering veterinary treatment. A nonambulatory animal must be handled humanely and at no time shall the animal be dragged, pushed with a tractor, forklift or other equipment.
Any individual who violates the provisions of this section shall be guilty of a misdemeanor, punishable by imprisonment of not more than one year or by a fine of not more than $2500, or by both. The commissioner shall promulgate rules and regulations to carry out the provisions of this section.
Section 2 is the effective date.
JUSTIFICATION: This proposal would amend the Agriculture and Markets law to provide that a nonambulatory "downed" animal be given appropriate veterinary care or be humanely euthanized. All too often downed animals are left to suffer until it is convenient to take them to slaughter. In many cases, the animals die of neglect or are moved by the easiest but least humane ways. Often they are dragged or pushed with tractors and forklifts which may cause additional injuries ranging from bruises and abrasions to torn ligaments and broken bones. This legislation would ensure the humane treatment of animals while they are being transported to a slaughterhouse or auction. Animals that are unable to walk due to illness or injury endure extreme pain and suffering, which becomes even more acute when they are inhumanely transported.
In addition to the important humane facets of this proposal, it is important to note that this legislation prevents the nonambulatory animal from entering the nation's food supply.
LEGISLATIVE HISTORY: 2009-2010: S.751/A.5512
EFFECTIVE DATE: This act shall take effect on the 120th day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 427 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. KRUEGER, ADAMS, ADDABBO, DUANE, STAVISKY -- 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 nonambu- latory animals 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 357-a to read as follows: S 357-A. NONAMBULATORY ANIMALS. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "PERSON" MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, ASSOCI- ATION, MUNICIPALITY, OR OTHER LEGAL ENTITY; (B) "NONAMBULATORY ANIMAL" MEANS ANY DOMESTIC SHEEP, CATTLE OR SWINE THAT IS RAISED FOR COMMERCIAL OR SUBSISTENCE PURPOSES AND THAT IS UNABLE TO STAND AND WALK WITHOUT ASSISTANCE; (C) "HUMANELY EUTHANIZE" MEANS TO KILL AN ANIMAL BY A SINGLE BLOW OF A PENETRATING CAPTIVE BOLT OR GUN SHOT, OR BY CHEMICAL MEANS THAT IMME- DIATELY RENDERS THE ANIMAL UNCONSCIOUS, WITH COMPLETE UNCONSCIOUSNESS REMAINING UNTIL DEATH; (D) "UNDUE DELAY" MEANS ANY DELAY BEYOND THAT WHICH IS REASONABLY NECESSARY TO CARRY OUT PROMPT, HUMANE EUTHANASIA OR TO ADMINISTER PROMPT, APPROPRIATE AND NECESSARY VETERINARY TREATMENT, OR TO CARRY OUT PROMPT, HUMANE HANDLING AND TRANSPORT OF THE NONAMBULATORY ANIMAL PURSU- ANT TO THIS SUBDIVISION AND SUBDIVISION THREE OF THIS SECTION; (E) "HUMANE HANDLING" MEANS THAT A NONAMBULATORY ANIMAL SHALL ONLY BE MOVED WITH A SLING, STONEBOAT, OR ON OTHER SLED-LIKE OR WHEELED CONVEY- ANCES. IN NO EVENT SHALL A NONAMBULATORY ANIMAL BE DRAGGED, PUSHED WITH A TRACTOR, FORKLIFT, OR OTHER EQUIPMENT, LIFTED, UNLESS WITH FULL BODY SUPPORT, OR OTHERWISE MOVED INHUMANELY.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00863-01-1 S. 427 2
(F) "VETERINARY TREATMENT" MEANS THAT A LICENSED VETERINARIAN SHALL DETERMINE WHETHER A NONAMBULATORY ANIMAL REQUIRES MEDICAL ATTENTION OR REHABILITATION, OR HUMANE EUTHANASIA. 2. NO PERSON SHALL TRANSPORT OR HOLD, EXCEPT AS PROVIDED IN SUBDIVI- SION THREE OF THIS SECTION, BUY, SELL, GIVE, RECEIVE, OR MARKET A NONAM- BULATORY ANIMAL. 3. (A) A NONAMBULATORY ANIMAL MAY BE TRANSPORTED, PROVIDED SUCH TRANS- PORT IS IN COMPLIANCE WITH PARAGRAPH (E) OF SUBDIVISION ONE OF THIS SECTION, WHERE THE ANIMAL BECOMES NONAMBULATORY ON THE PROPERTY OF A FARMER WHO HAS BRED OR RAISED THE ANIMAL, WITHOUT UNDUE DELAY FROM THE TIME THE ANIMAL BECOMES NONAMBULATORY, TO ANOTHER LOCATION ON THAT SAME PROPERTY, SOLELY FOR THE PURPOSE OF ADMINISTERING TO THE ANIMAL APPRO- PRIATE AND NECESSARY VETERINARY TREATMENT. (B) A NONAMBULATORY ANIMAL MAY BE HELD ON THE PROPERTY OF A FARMER WHO HAS BRED OR RAISED THE ANIMAL FOR A BRIEF PERIOD OF TIME WHICH IS REASONABLY NECESSARY TO OBTAIN VETERINARY TREATMENT OF THE NONAMBULATORY ANIMAL PURSUANT TO THIS SUBDIVISION. SUCH VETERINARY TREATMENT SHALL BE ADMINISTERED WITHOUT UNDUE DELAY FROM THE TIME THE ANIMAL BECOMES NONAM- BULATORY. 4. UNDER NO CIRCUMSTANCES SHALL A NONAMBULATORY ANIMAL BE TRANSPORTED OR HELD FOR ANY PURPOSE OTHER THAN THAT PERMITTED IN THIS SECTION. 5. ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION SHALL BE GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT OF NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT. EACH DAY ON WHICH A VIOLATION OF THIS SECTION OCCURS AND EACH INSTANCE OF A PROHIBITED ACTION UNDER THIS SECTION SHALL CONSTITUTE A SEPARATE OFFENSE. 6. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SECTION. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.