Sponsor: PADAVAN

Same as: A3736

Committee: CONSUMER PROTECTION

Law Section: Agriculture and Markets Law

S3178 Summary

S3178 Actions

"Same as" Actions for Bill A3736
Jan 28, 2009 referred to agriculture

S3178 Memo

 BILL NUMBER:  S3178

 TITLE OF BILL :

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


 PURPOSE :

The amend the agriculture and markets law by adding a new section 380,
to prohibit the slaughtering of horses for human consumption.

 SUMMARY OF 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,
transport or export a horse 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. 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. In lieu of criminal prosecution, a
civil penalty of up to one thousand dollars may be imposed on an
individual, five thousand on a corporation for the first violation.
Subsequent violations shall be punishable by fines up to twenty-five
thousand dollars.

 JUSTIFICATION :

More than 49,000 horses were slaughtered in the United States in 2003,
according to the U.S. Department of Agriculture, an alarming 16%
increase over the previous year. The vast majority of these horses are
being slaughtered for human consumption abroad. The number of American
horses going to slaughter has increased significantly given European
and Japanese concerns about mad cow disease and the subsequent desire
to find "safer" sources of meat.

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 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.

 LEGISLATIVE HISTORY :

S.1462/A.2572 of 2007-08, passed Senate; S.1788 of 2005-06.

 FISCAL IMPLICATIONS :

None.

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

S3178 Text

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

                                         3178

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                    March 12, 2009
                                      ___________

       Introduced  by  Sen. PADAVAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection

       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:

    1    Section 1. The agriculture and markets law is amended by adding a  new
    2  section 380 to read as follows:
    3    S  380.  PROHIBITION OF SLAUGHTERING HORSES FOR HUMAN CONSUMPTION.  1.
    4  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL FOR ANY
    5  PERSON TO SLAUGHTER OR HAVE ANOTHER PERSON SLAUGHTER A HORSE WHERE  SUCH
    6  PERSON KNOWS OR SHOULD KNOW THAT ANY PART OF SUCH HORSE WILL BE USED FOR
    7  HUMAN CONSUMPTION.
    8    2.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
    9  FOR ANY PERSON TO SELL, OFFER TO SELL OR BARTER,  GIVE  AWAY,  PURCHASE,
   10  POSSESS,  TRANSPORT,  DELIVER,  OR  RECEIVE ANY HORSE WITH THE INTENT OF
   11  SLAUGHTERING OR HAVING ANOTHER  PERSON  SLAUGHTER  SUCH  HORSE  IF  SUCH
   12  PERSON  KNOWS  OR SHOULD KNOW THAT ANY OF THE HORSEFLESH IS INTENDED FOR
   13  HUMAN CONSUMPTION.
   14    3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT  SHALL  BE  UNLAWFUL
   15  FOR  ANY  PERSON  TO  SELL,  BARTER, OFFER TO SELL OR BARTER, GIVE AWAY,
   16  PURCHASE, POSSESS, TRANSPORT, DELIVER, OR  RECEIVE  HORSEFLESH  IF  SUCH
   17  PERSON  KNOWS OR SHOULD KNOW THAT ANY OF THE HORSEFLESH WILL BE USED FOR
   18  HUMAN CONSUMPTION.
   19    4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT  SHALL  BE  UNLAWFUL
   20  FOR  ANY  PERSON  TO  IMPORT INTO OR EXPORT FROM THIS STATE, LIVE HORSES
   21  WHERE SUCH PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSE IS  INTENDED  FOR
   22  SLAUGHTER FOR HUMAN CONSUMPTION.
   23    5.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
   24  FOR ANY PERSON TO IMPORT INTO OR  EXPORT  FROM  THIS  STATE,  HORSEFLESH

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04532-01-9
 
       S. 3178                             2

    1  WHERE  SUCH PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSEFLESH IS INTENDED
    2  FOR HUMAN CONSUMPTION.
    3    6.  IT  SHALL  BE  UNLAWFUL  TO  OFFER  HORSEFLESH  FOR SALE FOR HUMAN
    4  CONSUMPTION.
    5    7. AS USED IN THIS SECTION, THE TERM "HORSE" INCLUDES ALL  MEMBERS  OF
    6  THE  EQUINE  FAMILY, INCLUDING HORSES, PONIES, DONKEYS, MULES, ASSES AND
    7  BURROS; AND THE TERM "HORSEFLESH" MEANS  THE  FLESH  OF  A  DEAD  HORSE,
    8  INCLUDING THE ANIMAL'S VISCERA, SKIN, HAIR, HIDE, HOOVES, AND BONES; THE
    9  TERM  "PERSON"  MEANS  AN  INDIVIDUAL,  CORPORATION, PARTNERSHIP, TRUST,
   10  ASSOCIATION OR OTHER LEGAL ENTITY.
   11    8. A VIOLATION OF THIS SECTION IS A MISDEMEANOR PUNISHABLE  BY  IMPRI-
   12  SONMENT  FOR  NOT  MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN ONE
   13  THOUSAND DOLLARS, OR  BY  BOTH.  IN  LIEU  OF  CRIMINAL  PROSECUTION,  A
   14  VIOLATION  OF  THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO
   15  ONE THOUSAND DOLLARS FOR AN INDIVIDUAL AND UP TO FIVE  THOUSAND  DOLLARS
   16  FOR  A  CORPORATION  FOR  THE  FIRST VIOLATION. ANY SUBSEQUENT VIOLATION
   17  SHALL BE PUNISHABLE BY A CIVIL PENALTY OF  UP  TO  TWENTY-FIVE  THOUSAND
   18  DOLLARS.
   19    9. ANY CIVIL PENALTIES COLLECTED PURSUANT TO THIS SECTION OF LAW SHALL
   20  BE PAYABLE TO THE ANIMAL POPULATION CONTROL FUND ESTABLISHED PURSUANT TO
   21  SECTION NINETY-SEVEN-XX OF THE STATE FINANCE LAW.
   22    S 2. This act shall take effect on the one hundred twentieth day after
   23  it shall have become a law.