S T A T E O F N E W Y O R K
________________________________________________________________________
5512
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
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Introduced by M. of A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
V. LOPEZ -- read once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to nonambu-
latory 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 357-a to read as follows:
S 357-A. NONAMBULATORY ANIMALS. 1. DEFINITIONS. FOR THE PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "PERSON" MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, ASSOCI-
ATION, MUNICIPALITY, OR OTHER LEGAL ENTITY;
(B) "NONAMBULATORY ANIMAL" MEANS ANY DOMESTIC SHEEP, CATTLE OR SWINE
THAT IS RAISED FOR COMMERCIAL OR SUBSISTENCE PURPOSES AND THAT IS UNABLE
TO STAND AND WALK WITHOUT ASSISTANCE;
(C) "HUMANELY EUTHANIZE" MEANS TO KILL AN ANIMAL BY A SINGLE BLOW OF A
PENETRATING CAPTIVE BOLT OR GUN SHOT, OR BY CHEMICAL MEANS THAT IMME-
DIATELY RENDERS THE ANIMAL UNCONSCIOUS, WITH COMPLETE UNCONSCIOUSNESS
REMAINING UNTIL DEATH;
(D) "UNDUE DELAY" MEANS ANY DELAY BEYOND THAT WHICH IS REASONABLY
NECESSARY TO CARRY OUT PROMPT, HUMANE EUTHANASIA OR TO ADMINISTER
PROMPT, APPROPRIATE AND NECESSARY VETERINARY TREATMENT, OR TO CARRY OUT
PROMPT, HUMANE HANDLING AND TRANSPORT OF THE NONAMBULATORY ANIMAL PURSU-
ANT TO THIS SUBDIVISION AND SUBDIVISION THREE OF THIS SECTION;
(E) "HUMANE HANDLING" MEANS THAT A NONAMBULATORY ANIMAL SHALL ONLY BE
MOVED WITH A SLING, STONEBOAT, OR ON OTHER SLED-LIKE OR WHEELED CONVEY-
ANCES. IN NO EVENT SHALL A NONAMBULATORY ANIMAL BE DRAGGED, PUSHED WITH
A TRACTOR, FORKLIFT, OR OTHER EQUIPMENT, LIFTED, UNLESS WITH FULL BODY
SUPPORT, OR OTHERWISE MOVED INHUMANELY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01155-01-9
A. 5512 2
(F) "VETERINARY TREATMENT" MEANS THAT A LICENSED VETERINARIAN SHALL
DETERMINE WHETHER A NONAMBULATORY ANIMAL REQUIRES MEDICAL ATTENTION OR
REHABILITATION, OR HUMANE EUTHANASIA.
2. NO PERSON SHALL TRANSPORT OR HOLD, EXCEPT AS PROVIDED IN SUBDIVI-
SION THREE OF THIS SECTION, BUY, SELL, GIVE, RECEIVE, OR MARKET A NONAM-
BULATORY ANIMAL.
3. (A) A NONAMBULATORY ANIMAL MAY BE TRANSPORTED, PROVIDED SUCH TRANS-
PORT IS IN COMPLIANCE WITH PARAGRAPH (E) OF SUBDIVISION ONE OF THIS
SECTION, WHERE THE ANIMAL BECOMES NONAMBULATORY ON THE PROPERTY OF A
FARMER WHO HAS BRED OR RAISED THE ANIMAL, WITHOUT UNDUE DELAY FROM THE
TIME THE ANIMAL BECOMES NONAMBULATORY, TO ANOTHER LOCATION ON THAT SAME
PROPERTY, SOLELY FOR THE PURPOSE OF ADMINISTERING TO THE ANIMAL APPRO-
PRIATE AND NECESSARY VETERINARY TREATMENT.
(B) A NONAMBULATORY ANIMAL MAY BE HELD ON THE PROPERTY OF A FARMER WHO
HAS BRED OR RAISED THE ANIMAL FOR A BRIEF PERIOD OF TIME WHICH IS
REASONABLY NECESSARY TO OBTAIN VETERINARY TREATMENT OF THE NONAMBULATORY
ANIMAL PURSUANT TO THIS SUBDIVISION. SUCH VETERINARY TREATMENT SHALL BE
ADMINISTERED WITHOUT UNDUE DELAY FROM THE TIME THE ANIMAL BECOMES NONAM-
BULATORY.
4. UNDER NO CIRCUMSTANCES SHALL A NONAMBULATORY ANIMAL BE TRANSPORTED
OR HELD FOR ANY PURPOSE OTHER THAN THAT PERMITTED IN THIS SECTION.
5. ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION SHALL BE
GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT OF NOT MORE THAN ONE
YEAR, OR BY A FINE OF NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS,
OR BY BOTH SUCH FINE AND IMPRISONMENT. EACH DAY ON WHICH A VIOLATION OF
THIS SECTION OCCURS AND EACH INSTANCE OF A PROHIBITED ACTION UNDER THIS
SECTION SHALL CONSTITUTE A SEPARATE OFFENSE.
6. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO CARRY
OUT THE PROVISIONS OF THIS SECTION.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.