S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
May 3, 2011
Introduced by Sen. RITCHIE -- 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 unlawful
tampering with farm animals
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 378-a to read as follows:
S 378-A. UNLAWFUL TAMPERING WITH FARM ANIMALS. 1. DEFINITIONS. FOR
THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
(A) "FARM ANIMAL" MEANS ANY WARM OR COLD BLOODED ANIMAL WHICH IS BEING
USED IN THE PRODUCTION OF FOOD OR FIBER FOR AGRICULTURAL PURPOSES.
(B) "FARM" MEANS ANY BUILDING, STRUCTURE, VEHICLE, PASTURE, PADDOCK,
POND, IMPOUNDMENT AREA, LAND OR PROPERTY UPON WHICH FARM ANIMALS ARE
HOUSED, CARED FOR, GRAZED OR BRED.
(C) "RELEASE" MEANS TO INTENTIONALLY SET FREE FROM ANY FARM ANY FARM
ANIMAL WITHOUT ANY RIGHT, TITLE, OR CLAIM THERETO.
(D) "PERSON" MEANS ANY INDIVIDUAL, FIRM, ORGANIZATION, PARTNERSHIP,
ASSOCIATION OR CORPORATION, INCLUDING EMPLOYEES OF THE FARM.
(E) "NOTICE" MEANS TO PROVIDE INFORMATION AND DISCLOSURE, THROUGH
POSTING AT A CENTRALIZED LOCATION ON THE FARM, THROUGH NOTICE IN WRITING
OR ORALLY TO THE PERSON, OR PROMINENTLY POSTING SUCH NOTICE UPON OR
IMMEDIATELY ADJACENT TO THE ENTRY TO THE FARM.
(F) "UNLAWFUL TAMPERING" MEANS ANY INTERFERENCE WITH A FARM ANIMAL OR
FARM THROUGH THE INJECTION OF ANY UNAUTHORIZED SUBSTANCE, THE RELEASE OF
A FARM ANIMAL, THE UNAUTHORIZED FEEDING OR UNAUTHORIZED VIDEO, AUDIO
RECORDING OR PHOTOGRAPHY DONE WITHOUT THE FARM OWNER'S WRITTEN CONSENT.
2. ANY PERSON WHO, AFTER NOTICE HAS BEEN GIVEN THAT THE FARM PROHIBITS
UNLAWFUL TAMPERING, KNOWINGLY OR INTENTIONALLY DOES SUCH IS GUILTY OF
UNLAWFUL TAMPERING WITH A FARM ANIMAL, A MISDEMEANOR PUNISHABLE BY A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 5172 2
TERM OF IMPRISONMENT FOR UP TO ONE YEAR OR A FINE OF UP TO ONE THOUSAND
3. ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION SHALL BE
LIABLE IN ANY COURT OF COMPETENT JURISDICTION, INCLUDING SMALL CLAIMS
COURT, IN AN AMOUNT EQUAL TO THE DAMAGES SUSTAINED AS A RESULT OF SUCH
VIOLATION, INCLUDING ATTORNEY'S FEES AND COSTS, VETERINARIAN'S FEES AND
COSTS, AND THE COST OF PURCHASING A REPLACEMENT FARM ANIMAL IF APPLICA-
S 2. This act shall take effect immediately.