Bill Text: NY A05109 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits any person, corporation, association, or other entity from slaughtering a horse where such person, corporation, association, or other entity knows or has reason to know that such horse will be used for human or animal consumption; prohibits any person, corporation, association, or other entity from possessing, selling, importing, etc,, a horse or horseflesh if such person, corporation, association, or other entity knows or should have known that any part of such horse or horseflesh will be used for human or animal consumption; provides penalties for violation.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Introduced - Dead) 2023-06-07 - substituted by s2163b [A05109 Detail]

Download: New_York-2023-A05109-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5109

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 2, 2023
                                       ___________

        Introduced  by  M. of A. GLICK, LUPARDO, SIMON -- read once and referred
          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 or animal 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 385 to read as follows:
     3    § 385. Prohibition of slaughtering horses for human or animal consump-
     4  tion.  1. Notwithstanding any other provision of law, it shall be unlaw-
     5  ful for any person to slaughter or have another person slaughter a horse
     6  if  such person knows or should know that any part of such horse will be
     7  used for human or animal consumption.
     8    2. Notwithstanding any other provision of law, it  shall  be  unlawful
     9  for  any  person  who owns or is in the process of taking ownership of a
    10  horse to import, export,  sell,  offer  to  sell  or  barter,  transfer,
    11  purchase,  possess,  transport,  deliver,  receive,  give away, hold, or
    12  accept, or direct another person to import, export, sell, offer to  sell
    13  or  barter,  transfer,  purchase,  possess, transport, deliver, receive,
    14  give away, hold, or accept a horse, if such person knows or should  have
    15  known  that  any  part  of  such  horse will be used for human or animal
    16  consumption.
    17    3. Notwithstanding any other provision of law, it  shall  be  unlawful
    18  for  any  person  who  owns  or is in the process of taking ownership of
    19  horseflesh to import, export, sell, offer to sell or  barter,  transfer,
    20  purchase,  possess,  transport,  deliver,  receive,  give away, hold, or
    21  accept, or direct another person to import, export, sell, offer to  sell
    22  or  barter,  transfer,  purchase,  possess, transport, deliver, receive,
    23  give away, hold, or accept horseflesh, if such person  knows  or  should
    24  have  known  that  such  horseflesh  will  be  used  for human or animal
    25  consumption.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06575-02-3
        A. 5109                             2

     1    4. For the purposes of this section:
     2    (a)  The  term "horse" shall include all members of the equine family,
     3  including horses, ponies, donkeys, mules, asses and burros;
     4    (b) The term "horseflesh" shall  mean  the  flesh  of  a  dead  horse,
     5  including the animal's viscera, skin, hide, hooves, and bones;
     6    (c)  The term "person" shall mean an individual, corporation, partner-
     7  ship, trust, association or other legal entity; and
     8    (d) The term "slaughter" shall mean the intentional killing, or having
     9  another kill a horse if such person knows that the purpose of such kill-
    10  ing is using any part of such horse for human or animal consumption.
    11    5. A violation of this section is a misdemeanor punishable by  a  fine
    12  of  not  more than one thousand dollars per each horse for an individual
    13  person, and up to two thousand five hundred dollars per each horse for a
    14  corporation, association, or other entity, for the first violation.  Any
    15  subsequent violation shall be punishable by a fine of up to two thousand
    16  dollars per each horse for an individual person, and up to five thousand
    17  dollars per each horse for a corporation, association, or other entity.
    18    6. The provisions of this section shall be in addition to, and not  in
    19  lieu  of,  any  other laws protecting animal welfare. This section shall
    20  not be construed to limit any state law or rules protecting the  welfare
    21  of  animals  or  to  prevent  a  local  governing body from adopting and
    22  enforcing its own animal welfare laws and regulations.  Nothing in  this
    23  section  shall  prohibit a person from otherwise lawful disposition of a
    24  deceased horse or any part of such horse.
    25    7. If any provision of this section, or the application thereof to any
    26  person or circumstances, is held invalid or unconstitutional, such inva-
    27  lidity or unconstitutionality  shall  not  affect  other  provisions  or
    28  applications of this section that can be given effect without the inval-
    29  id  or  unconstitutional  provision  or application, and to such end the
    30  provisions of this section shall be severable.
    31    § 2. This act shall take effect on the one hundred twentieth day after
    32  it shall have become a law.