Assembly Bill A1928

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

                                  1928

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced by M. of A. ROSENTHAL, CASTRO, PAULIN, MAISEL, McENENY, KELL-
  NER,  KAVANAGH,  MILLMAN,  ROBINSON,  GOTTFRIED, ENGLEBRIGHT -- Multi-
  Sponsored by -- M. of  A.    BING,  CUSICK,  GLICK,  HEVESI,  LATIMER,
  V. LOPEZ, TITUS, WEISENBERG -- read once and referred to the Committee
  on Agriculture

AN  ACT  to  amend  the  agriculture and markets law, in relation to the
  confinement of animals for food producing purposes

  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 353-e to read as follows:
  S 353-E. CONFINEMENT OF ANIMALS FOR FOOD PRODUCING PURPOSES. 1.    FOR
PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  (A) "CALF RAISED FOR VEAL" MEANS ANY CALF OF THE BOVINE  SPECIES  KEPT
FOR THE PURPOSE OF PRODUCING THE FOOD PRODUCT DESCRIBED AS VEAL.
  (B)  "COVERED ANIMALS" MEANS ANY PIG DURING PREGNANCY, CALF RAISED FOR
VEAL, OR EGG-LAYING HEN WHO IS KEPT ON A FARM.
  (C) "EGG-LAYING HEN" MEANS ANY FEMALE  DOMESTICATED  CHICKEN,  TURKEY,
DUCK, GOOSE, OR GUINEA FOWL KEPT FOR THE PURPOSE OF EGG PRODUCTION.
  (D)  "ENCLOSURE"  MEANS ANY CAGE, CRATE, OR OTHER STRUCTURE (INCLUDING
WHAT IS COMMONLY DESCRIBED AS A "GESTATION  CRATE"  FOR  PIGS,  A  "VEAL
CRATE"  FOR  CALVES,  OR  A  "BATTERY CAGE" FOR EGG-LAYING HENS) USED TO
CONFINE A COVERED ANIMAL.
  (E) "FARM" MEANS THE LAND, BUILDING,  SUPPORT  FACILITIES,  AND  OTHER
EQUIPMENT   THAT  ARE  WHOLLY  OR  PARTIALLY  USED  FOR  THE  COMMERCIAL
PRODUCTION OF ANIMALS OR ANIMAL PRODUCTS USED FOR  FOOD  OR  FIBER,  AND
DOES NOT INCLUDE LIVE ANIMAL MARKETS.
  (F)  "FULLY EXTENDING ITS LIMBS" MEANS FULLY EXTENDING ALL LIMBS WITH-
OUT TOUCHING THE SIDE  OF  AN  ENCLOSURE,  INCLUDING,  IN  THE  CASE  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01837-01-1

              

A. 1928                             2

EGG-LAYING HENS, FULLY SPREADING BOTH WINGS WITHOUT TOUCHING THE SIDE OF
AN ENCLOSURE OR OTHER EGG-LAYING HENS.
  (G)  "PERSON"  MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, ASSOCI-
ATION, OR OTHER LEGAL ENTITY.
  (H) "PIG DURING PREGNANCY" MEANS  ANY  PREGNANT  PIG  OF  THE  PORCINE
SPECIES KEPT FOR THE PRIMARY PURPOSE OF BREEDING.
  (I) "TURNING AROUND FREELY" MEANS TURNING IN A COMPLETE CIRCLE WITHOUT
ANY  IMPEDIMENT, INCLUDING A TETHER, AND WITHOUT TOUCHING THE SIDE OF AN
ENCLOSURE.
  2. IT SHALL BE UNLAWFUL FOR  ANY  PERSON  TO  TETHER  OR  CONFINE  ANY
COVERED ANIMAL, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, ON A FARM
FOR  ALL  OR  THE  MAJORITY  OF  ANY DAY, IN A MANNER THAT PREVENTS SUCH
ANIMAL FROM LYING DOWN, STANDING UP AND FULLY EXTENDING  ITS  LIMBS  AND
TURNING AROUND FREELY.
  3.  THIS  SECTION  SHALL  NOT  APPLY  DURING  THE  FOLLOWING  LAWFULLY
PERFORMED ACTIVITIES:
  (A) TRANSPORTATION,
  (B) EXHIBITIONS AT RODEOS, FAIRS, YOUTH PROGRAMS, AND SIMILAR  EXHIBI-
TIONS,
  (C) SLAUGHTERING PROCESS,
  (D) SCIENTIFIC OR AGRICULTURAL RESEARCH,
  (E) EXAMINATION, TESTING, INDIVIDUAL TREATMENT OR OPERATION FOR VETER-
INARY PURPOSES,
  (F)  TO  A PIG DURING THE SEVEN-DAY PERIOD PRIOR TO THE PIG'S EXPECTED
DATE OF GIVING BIRTH.
  4. A VIOLATION OF THE PROVISIONS OF THIS SECTION IS A CLASS  A  MISDE-
MEANOR  PUNISHABLE  BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR,
OR BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS, OR BY  BOTH  SUCH  FINE
AND IMPRISONMENT.
  5.  NOTHING  CONTAINED  IN  THIS SECTION SHALL PREVENT ANY TOWN, CITY,
VILLAGE OR COUNTY IN NEW YORK STATE FROM ENACTING A LOCAL LAW  OR  ORDI-
NANCE  TO  PROVIDE FOR THE HUMANE TREATMENT OF AND PREVENTION OF CRUELTY
TO FARM ANIMALS, PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL CONFLICT WITH
THE PROVISIONS OF THIS SECTION.
  6. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO REDUCE  THE
PROTECTION  AFFORDED  TO  FARM  ANIMALS  UNDER ANY OTHER SECTION OF THIS
ARTICLE OR ANY OTHER LAW OR REGULATION. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO LIMIT OR RESTRICT AGENTS OR OFFICERS OF SOCIETIES  FOR  THE
PREVENTION  OF CRUELTY TO ANIMALS OR THE POLICE FROM ENFORCING THE OTHER
PROVISIONS OF THIS ARTICLE OR ANY OTHER LAW OR  REGULATION  RELATING  TO
THE HUMANE TREATMENT OF OR CRUELTY TO ANIMALS.
  7. THIS SECTION SHALL BE ENFORCED BY THE DEPARTMENT, AND ANY AGENT AND
OFFICER  OF  ANY DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY
TO ANIMALS MAY ISSUE AN APPEARANCE TICKET PURSUANT TO SECTION 150.20  OF
THE  CRIMINAL PROCEDURE LAW, SUMMONS OR ARREST, AND BRING BEFORE A COURT
OR MAGISTRATE HAVING JURISDICTION, ANY PERSON OFFENDING AGAINST  ANY  OF
THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect January 1, 2015.