senate Bill S5172

Relates to unlawful tampering with farm animals

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / May / 2011
    • REFERRED TO AGRICULTURE
  • 02 / Jun / 2011
    • 1ST REPORT CAL.938
  • 06 / Jun / 2011
    • 2ND REPORT CAL.
  • 07 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO AGRICULTURE

Summary

Relates to the unlawful tampering of farm animals.

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Bill Details

Versions:
S5172
Legislative Cycle:
2011-2012
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง378-a, Ag & Mkts L

Votes

6
2
6
Aye
2
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Agriculture committee vote details

Sponsor Memo

BILL NUMBER:S5172

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to unlawful
tampering with farm animals

PURPOSE:
To establish the crime of unlawful tampering with a farm animal,
similar to the crime of unlawful tampering with an animal

SUMMARY:
Section 1 establishes a new section 378-a of the agriculture and
markets law, which provides definitions and prohibits unlawful
tampering at animal research facilities.

Section 2 provides for the immediate enactment of the act.

JUSTIFICATION:
New York's family farms have become increasingly concerned with the
focus on livestock agriculture.
While working with the Departments of Homeland Security as well as
local law enforcement, it has become clear from several recent
instances of animal and facility tampering (the unlawful injection of
cattle with antibiotics in Western New York, and the increasing theft
of anhydrous ammonia fertilizer, utilized by meth addicts to make
illegal substances) that the tools for law enforcement and for
farmers to help secure their premises are not always accurate. The
Department of Homeland Security, working with the FDA and others,
have indicated that farmers need to be more aware of where there
security weaknesses are, and to work on improving means to discourage
trespass and tampering which may weaken the safety of our food supply.

Due to the confluence of these factors, a new section of the
agriculture and markets law is created to establish the crime of
unlawful tampering with a farm animal, similar to the crime of
unlawful tampering with an animal research facility in existing law.
Nothing in this legislation would interfere, impede, or condone in
any way any lawful investigation or enforcement action by the
appropriate authorities.

HISTORY:
New bill.

FISCAL IMPACT:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  5172

                       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-
ING MEANINGS:
  (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.
                                                           LBD11282-01-1

S. 5172                             2

TERM  OF IMPRISONMENT FOR UP TO ONE YEAR OR A FINE OF UP TO ONE THOUSAND
DOLLARS.
  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-
BLE.
  S 2. This act shall take effect immediately.

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