Bill S4615-2013

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
  • Apr 15, 2013: REFERRED TO AGRICULTURE

Memo

BILL NUMBER:S4615

TITLE OF BILL: An act to amend the agriculture and markets law, in relation to prohibiting the slaughtering of horses for human consumption

PURPOSE OR GENERAL IDEA OF BILL:

To amend the Agriculture and Markets Law by adding a new section 380, to prohibit the slaughtering of horses for human consumption.

SUMMARY OF SPECIFIC PROVISIONS:

The Agriculture and Markets Law shall be amended by adding a new section 380. This section will make it unlawful to slaughter a horse for human consumption. It shall be unlawful to purchase, trade, offer, import or export a horse or horse flesh, in any way with the intent of it being slaughtered for human consumption. The term horse, includes all members of the equine family, including horses, ponies, donkeys, mules, asses, and burros. The term horse flesh means any part of the horse's body. A violation of this law will be a misdemeanor punishable by imprisonment for not more than one year or by a fine of not more than one thousand dollars or by both.

JUSTIFICATION:

104,899 horses were slaughtered in the United States during 2006, the last full year of horse slaughtering in the US, according to the Government Accountability Office. In 2007, after Congressional approval of an appropriations bill that included a rider prohibiting the USDA from financing the inspection of horse meat, all US horse slaughter facilities closed. From 2006 through 2010, US horse for slaughter exports to Canada increased by 148%. In 2010, 137,984 horses were exported to Canada for slaughter. The vast majority of these horses are being slaughtered for human consumption abroad, mainly in Europe and Japan. In 2011, that 2007 rider was removed by Congress in an omnibus spending act. The door has potentially been re-opened for horse slaughter within the United States as a horse meat plant in New Mexico nears approval in 2013.

Pet horses, work horses, racehorses and even wild horses go to slaughter. Most arrive at the slaughterhouse via livestock auctions where, often unknown to the seller, they are bought by middlemen working for the slaughter plants. These so-called "killer buyers" travel from one auction to the next collecting young, old, sick and healthy animals until their trucks are full. Some are shipped for more than 24 hours at a time without food, water or rest, and suffer horribly along the way.

Callous treatment of horses at the slaughterhouse often results in their prolonged suffering. Panicked horses are prodded and beaten off the truck and into the kill-chute. The improper use of stunning equipment, designed to render the animal unconscious with a swift shot to the head, means that horses sometimes endure repeated blows and remain conscious during their own slaughter.

This bill would prohibit any person from slaughtering a horse where such person knows or has reason to know that such horse will be used for human consumption. Furthermore, it 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. This bill also provides penalties for violations in an effort to ensure that such cruelty and blatant disregard of one of America's most majestic and noble creatures will no longer be tolerated in New York State.

PRIOR LEGISLATIVE HISTORY:

S3178/A3736 of 2009-2010, referred to Consumer Protection; S1462/A2572 of 2007-2008, passed Senate; S1788/A3584 of 2005-2006, passed Senate.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4615 2013-2014 Regular Sessions IN SENATE April 15, 2013 ___________
Introduced by Sen. MARCHIONE -- 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 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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