senate Bill S427

2011-2012 Legislative Session

Prohibits any person from transporting or selling a nonambulatory animal unless such animal is humanely euthanized

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
Feb 21, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to agriculture
Jan 05, 2011 referred to agriculture

Co-Sponsors

S427 - Bill Details

See Assembly Version of this Bill:
A4615
Current Committee:
Senate Rules
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §357-a, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
S751, A5512

S427 - Bill Texts

view summary

Prohibits any person from transporting, holding, buying, selling, giving, receiving or marketing a nonambulatory animal unless such animal is first humanely euthanized without undue delay from the time that such animal becomes nonambulatory; makes certain exceptions; provides violation provisions; and defines relevant terms.

view sponsor memo
BILL NUMBER:S427

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to nonambulatory
animals

PURPOSE OF BILL:
This bill provides for the humane treatment of
nonambulatory domestic animals with respect to transport, veterinary
care, and euthanasia.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this
bill amends the
Agriculture and Markets Law by adding a new § 357-a to provide that
no individual shall buy, sell, give, transfer or transport a
nonambulatory animal unless proper veterinary treatment has been
administered.

A nonambulatory animal is defined as any domestic animal that is
raised for commercial or subsistence purposes and that is unable to
stand and walk without assistance.

However, a nonambulatory animal may be temporarily held or humanely
transported, where the animal becomes nonambulatory on the property
of a farmer who has bred or raised the animal, for the purposes of
administering veterinary treatment. A nonambulatory animal must be
handled humanely and at no time shall the animal be dragged, pushed
with a tractor, forklift or other equipment.

Any individual who violates the provisions 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 $2500, or by both. The
commissioner shall promulgate rules and regulations to carry out the
provisions of this section.

Section 2 is the effective date.

JUSTIFICATION:
This proposal would amend the Agriculture and Markets
law to provide that a nonambulatory "downed" animal be given
appropriate veterinary care or be humanely euthanized. All too often
downed animals are left to suffer until it is convenient to take them
to slaughter. In many cases, the animals die of neglect or are moved
by the easiest but least humane ways. Often they are dragged or
pushed with tractors and forklifts which may cause additional
injuries ranging from bruises and abrasions to torn ligaments and
broken bones. This legislation would ensure the humane treatment of
animals while they are being transported to a slaughterhouse or
auction. Animals that are unable to walk due to illness or injury
endure extreme pain and suffering, which becomes even more acute when
they are inhumanely transported.


In addition to the important humane facets of this proposal, it is
important to note that this legislation prevents the nonambulatory
animal from entering the nation's food supply.

LEGISLATIVE HISTORY:
2009-2010: S.751/A.5512

EFFECTIVE DATE:
This act shall take effect on the 120th day after it
shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   427

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KRUEGER,  ADAMS, ADDABBO, DUANE, STAVISKY -- 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 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.
                                                           LBD00863-01-1

S. 427                              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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.