senate Bill S3867

2011-2012 Legislative Session

Makes it unlawful to force feed birds under certain circumstances

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to agriculture
Mar 08, 2011 referred to agriculture

S3867 - Bill Details

Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง353, Ag & Mkts L

S3867 - Bill Texts

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Makes it unlawful to force feed birds, by hand or machine, for the purpose of fatty enlargement of such bird's liver.

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BILL NUMBER:S3867

TITLE OF BILL:

An act
to amend the agriculture and markets law, in relation to making it
unlawful to force feed birds under certain circumstances

PURPOSE OR GENERAL IDEA OF BILL:

This will prevent the force feeding of birds in the process of
producing "foie gras".

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 353 of the agriculture and
markets law as amended by chapter 523 of the laws of 2005, by adding
the force feeding of a bird, by hand or machine, for the purpose to
fatty enlargement of such bird's liver, to the list of acts which
constitute cruelty to an animal which is a class A misdemeanor.

Section 2 of the bill is the effective date.

JUSTIFICATION:

The unusual practice of force feeding animals for nonmedical reasons
is the sole method employed in the production of pate de foie gras.
Foie gras (fatty liver), a gourmet delicacy, is the enlarged liver of
a duck or goose. To obtain this product, the animals are force fed
three times daily by means of a long pipe which is inserted into the
esophagus of the animal. Compressed air is forced through the pipe to
ensure the animal is fed an excessive amount. This leads to the
swelling of the animal's liver, causing it to expand up to eight to
twelve times its normal size. Often this force feeding of the animal
causes the rupture of the animal's internal organs leading to
infection and subsequently the animal's death. The daily force
feeding regimen lasts approximately three to four weeks until the
animal is slaughtered.

Presently, many European countries prohibit foie gras production. This
legislation, if passed would prohibit this cruel practice and prevent
further abuse to animals in New York St.ate.

In addition, the United States Humane Society filed suit against the
NYS Department of Agriculture and Markets to prohibit the production
and sale of foie gras as an adulterated food product.

PRIOR LEGISLATIVE HISTORY:

2005: S.2083 (Padavan) - Senate Agriculture
2007: S.1463 (Padavan) - Senate Agriculture

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.


EFFECTIVE DATE:

This act shall take effect on the first of November succeeding the
date on which it shall have become a law.

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

                                  3867

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 8, 2011
                               ___________

Introduced  by  Sen.  AVELLA -- 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  making
  it unlawful to force feed birds under certain circumstances

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of section 353 of the agriculture and
markets law, as amended by chapter 523 of the laws of 2005,  is  amended
to read as follows:
  A  person  who  overdrives,  overloads,  tortures  or cruelly beats or
unjustifiably injures, maims, mutilates or  kills  any  animal,  whether
wild  or  tame,  and  whether  belonging  to  himself  or to another, or
deprives any animal of necessary sustenance, food  or  drink,  OR  FORCE
FEEDS  A  BIRD, BY HAND OR MACHINE, FOR THE PURPOSE OF FATTY ENLARGEMENT
OF SUCH BIRD'S LIVER, or neglects or refuses to furnish it  such  suste-
nance  or  drink,  or causes, procures or permits any animal to be over-
driven, overloaded, tortured, cruelly beaten, or unjustifiably  injured,
maimed,  mutilated  or  killed,  or  to be deprived of necessary food or
drink, or who wilfully sets on foot, instigates, engages in, or  in  any
way  furthers  any  act  of cruelty to any animal, or any act tending to
produce such cruelty, is  guilty  of  a  class  A  misdemeanor  and  for
purposes  of  paragraph  (b) of subdivision one of section 160.10 of the
criminal procedure law, shall be treated as a misdemeanor defined in the
penal law.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08829-01-1

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