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

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S456-2013 Actions

• Jan 9, 2013: REFERRED TO AGRICULTURE

S456-2013 Memo

BILL NUMBER:S456

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 State.

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:

2011-12:  S.3867
2007-08:  S.1463 (Padavan)/A.6277 (Benjamin)
2005-06:  S.2083 (Padavan)/A.7876 (Benjamin)
2003-04:  S.5153 (Padavan)/A.1821A (McEneny)

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.

S456-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     456

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03416-01-3