Bill S4987-2013

Confinement of certain animals for food producing purposes

Pertains to confinement of certain animals for food producing purposes; prohibits any person to tether or confine any pig during pregnancy or calf raised for veal 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; establishes that commission of such crime shall constitute a class A misdemeanor punishable by imprisonment for a period not to exceed one year and/or fine not to exceed $1,000.

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  • Jan 8, 2014: REFERRED TO AGRICULTURE
  • May 2, 2013: REFERRED TO AGRICULTURE

Memo

BILL NUMBER:S4987

TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the confinement of certain animals for food producing purposes

PURPOSE:

This bill will phase out pig gestation crates and veal crate cages by 2016.

SUMMARY OF PROVISIONS:

Section 1 subdivision one amends the agriculture and markets law by adding a new section 353-f that defines the terms employed for the purposes of this bill. Subdivision two would make it unlawful for any person to confine any covered animal in a manner that prevents them from lying down, standing up and fully extending its limbs and turning around freely. Subdivision 3 lists exemptions to the rules set forth in the previous subdivision, Subdivision 4 would make any violation of the provisions of this section a Class A misdemeanor. Subdivision 5 provides that nothing contained in this section shall conflict with humane local laws. Subdivision 6 stipulates that nothing in this section shall reduce the protection afforded to animals or the enforcement of such protection. Subdivision 7 sets out the enforcement mechanism for this section.

Section 2 sets out the effective date.

JUSTIFICATION:

Harsh confinement within confinement crates and cages deprives calves and pigs of the ability to engage in natural behavior. Animals confined in such circumstances experience extensive and significant physical and psychological trauma.

Nationwide, about 1 million calves raised for veal and 6 million breeding sows (female pigs) suffer nearly their entire lives inside tiny crates so small the animals can't even turn around. According the Humane Society of the United States, veal factory farmers separate calves from their mothers within the first few days of birth and cram them into individual crates or stalls, tethered by their necks. Inside these enclosures, the calves can barely move.

Breeding sows suffer under similar circumstances. Gestation crates board pregnant pigs for nearly their entire four-month pregnancy, These tiny metal crates are not even large enough for the pig to move or perform natural behaviors such as cleaning themselves or simply turning around.

Veal and pork producers nationally are already in the process of phasing out veal and gestation crates. All veal producers have set a deadline of 2017 for themselves to phase out veal crates. In January 2007, Smithfield, the nation's largest pork producer, announced that they would phase out the confinement of pigs over the next decade and Cargill, the nation's eighth biggest pork producer, has also stated that it is working on phasing out confinement.

Bans on gestation crates are not without precedent. In 2002, Florida voters banned gestation crates in a 55% - 45% vote. In 2006, Arizona voters banned both gestation crates and veal crates. In 2007, the Oregon legislature banned gestation crates and in 2008, the Colorado legislature banned both gestation crates and veal crates. Finally, this past November, California voters passed Proposition 2 which banned gestation crates, veal crates and battery cages. The entire European Union has also banned both veal crates and gestation crates, effective 2007 and 2013, respectively.

LEGISLATIVE HISTORY:

A.9449/2012

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect January 1, 2017.


Text

STATE OF NEW YORK ________________________________________________________________________ 4987 2013-2014 Regular Sessions IN SENATE May 2, 2013 ___________
Introduced by Sen. BOYLE -- 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 the confinement of certain 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 OR A CALF RAISED FOR VEAL. (C) "ENCLOSURE" MEANS ANY CAGE, CRATE, OR OTHER STRUCTURE (INCLUDING WHAT IS COMMONLY DESCRIBED AS A "GESTATION CRATE" FOR PIGS OR A "VEAL CRATE" FOR CALVES, USED TO CONFINE A COVERED ANIMAL. (D) "FARM" MEANS THE LAND, BUILDINGS, 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. (E) "FULLY EXTENDING ITS LIMBS" MEANS FULLY EXTENDING ALL LIMBS WITH- OUT TOUCHING THE SIDE OF AN ENCLOSURE. (F) "PERSON" MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, ASSOCI- ATION, OR OTHER LEGAL ENTITY. (G) "PIG DURING PREGNANCY" MEANS ANY PREGNANT PIG OF THE PORCINE SPECIES KEPT FOR THE PRIMARY PURPOSE OF BREEDING. (H) "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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