Bill Text: NY S00059 | 2015-2016 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO AGRICULTURE [S00059 Detail]

Download: New_York-2015-S00059-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         59--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced by Sens. BOYLE, AVELLA -- read twice and ordered printed, and
         when  printed  to  be  committed  to  the  Committee on Agriculture --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       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:
    1    Section  1. The agriculture and markets law is amended by adding a new
    2  section 353-g to read as follows:
    3    S 353-G. CONFINEMENT OF ANIMALS FOR FOOD PRODUCING PURPOSES. 1.    FOR
    4  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
    5  MEANINGS:
    6    (A) "CALF RAISED FOR VEAL" MEANS ANY CALF OF THE BOVINE  SPECIES  KEPT
    7  FOR THE PURPOSE OF PRODUCING THE FOOD PRODUCT DESCRIBED AS VEAL.
    8    (B)  "COVERED ANIMALS" MEANS ANY PIG DURING PREGNANCY OR A CALF RAISED
    9  FOR VEAL.
   10    (C) "ENCLOSURE" MEANS ANY CAGE, CRATE, OR OTHER  STRUCTURE  (INCLUDING
   11  WHAT  IS  COMMONLY  DESCRIBED AS A "GESTATION CRATE" FOR PIGS OR A "VEAL
   12  CRATE" FOR CALVES, USED TO CONFINE A COVERED ANIMAL.
   13    (D) "FARM" MEANS THE LAND, BUILDINGS, SUPPORT  FACILITIES,  AND  OTHER
   14  EQUIPMENT   THAT  ARE  WHOLLY  OR  PARTIALLY  USED  FOR  THE  COMMERCIAL
   15  PRODUCTION OF ANIMALS OR ANIMAL PRODUCTS USED FOR  FOOD  OR  FIBER,  AND
   16  DOES NOT INCLUDE LIVE ANIMAL MARKETS.
   17    (E)  "FULLY EXTENDING ITS LIMBS" MEANS FULLY EXTENDING ALL LIMBS WITH-
   18  OUT TOUCHING THE SIDE OF AN ENCLOSURE.
   19    (F) "PERSON" MEANS ANY INDIVIDUAL, CORPORATION,  PARTNERSHIP,  ASSOCI-
   20  ATION, OR OTHER LEGAL ENTITY.
   21    (G)  "PIG  DURING  PREGNANCY"  MEANS  ANY  PREGNANT PIG OF THE PORCINE
   22  SPECIES KEPT FOR THE PRIMARY PURPOSE OF BREEDING.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02520-04-5
       S. 59--A                            2
    1    (H) "TURNING AROUND FREELY" MEANS TURNING IN A COMPLETE CIRCLE WITHOUT
    2  ANY IMPEDIMENT, INCLUDING A TETHER, AND WITHOUT TOUCHING THE SIDE OF  AN
    3  ENCLOSURE.
    4    2.  IT  SHALL  BE  UNLAWFUL  FOR  ANY  PERSON TO TETHER OR CONFINE ANY
    5  COVERED ANIMAL, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, ON A FARM
    6  FOR ALL OR THE MAJORITY OF ANY DAY,  IN  A  MANNER  THAT  PREVENTS  SUCH
    7  ANIMAL  FROM  LYING  DOWN, STANDING UP AND FULLY EXTENDING ITS LIMBS AND
    8  TURNING AROUND FREELY.
    9    3.  THIS  SECTION  SHALL  NOT  APPLY  DURING  THE  FOLLOWING  LAWFULLY
   10  PERFORMED ACTIVITIES:
   11    (A) TRANSPORTATION,
   12    (B)  EXHIBITIONS AT RODEOS, FAIRS, YOUTH PROGRAMS, AND SIMILAR EXHIBI-
   13  TIONS,
   14    (C) SLAUGHTERING PROCESS,
   15    (D) SCIENTIFIC OR AGRICULTURAL RESEARCH,
   16    (E) EXAMINATION, TESTING, INDIVIDUAL TREATMENT OR OPERATION FOR VETER-
   17  INARY PURPOSES,
   18    (F) TO A PIG DURING THE SEVEN-DAY PERIOD PRIOR TO THE  PIG'S  EXPECTED
   19  DATE OF GIVING BIRTH.
   20    4.  A  VIOLATION OF THE PROVISIONS OF THIS SECTION IS A CLASS A MISDE-
   21  MEANOR PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED  ONE  YEAR,
   22  OR  BY  A  FINE NOT TO EXCEED ONE THOUSAND DOLLARS, OR BY BOTH SUCH FINE
   23  AND IMPRISONMENT.
   24    5. NOTHING CONTAINED IN THIS SECTION SHALL  PREVENT  ANY  TOWN,  CITY,
   25  VILLAGE  OR  COUNTY IN NEW YORK STATE FROM ENACTING A LOCAL LAW OR ORDI-
   26  NANCE TO PROVIDE FOR THE HUMANE TREATMENT OF AND PREVENTION  OF  CRUELTY
   27  TO FARM ANIMALS, PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL CONFLICT WITH
   28  THE PROVISIONS OF THIS SECTION.
   29    6.  NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO REDUCE THE
   30  PROTECTION AFFORDED TO FARM ANIMALS UNDER  ANY  OTHER  SECTION  OF  THIS
   31  ARTICLE OR ANY OTHER LAW OR REGULATION. NOTHING IN THIS SECTION SHALL BE
   32  CONSTRUED  TO  LIMIT OR RESTRICT AGENTS OR OFFICERS OF SOCIETIES FOR THE
   33  PREVENTION OF CRUELTY TO ANIMALS OR THE POLICE FROM ENFORCING THE  OTHER
   34  PROVISIONS  OF  THIS  ARTICLE OR ANY OTHER LAW OR REGULATION RELATING TO
   35  THE HUMANE TREATMENT OF OR CRUELTY TO ANIMALS.
   36    7. THIS SECTION SHALL BE ENFORCED BY THE DEPARTMENT, AND ANY AGENT AND
   37  OFFICER OF ANY DULY INCORPORATED SOCIETY FOR THE PREVENTION  OF  CRUELTY
   38  TO  ANIMALS MAY ISSUE AN APPEARANCE TICKET PURSUANT TO SECTION 150.20 OF
   39  THE CRIMINAL PROCEDURE LAW, SUMMONS OR ARREST, AND BRING BEFORE A  COURT
   40  OR  MAGISTRATE  HAVING JURISDICTION, ANY PERSON OFFENDING AGAINST ANY OF
   41  THE PROVISIONS OF THIS SECTION.
   42    S 2. This act shall take effect twenty-four months after it shall have
   43  become a law.