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S T A T E O F N E W Y O R K
________________________________________________________________________
3905
2013-2014 Regular Sessions
I N A S S E M B L Y
January 29, 2013
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Introduced by M. of A. GLICK, JAFFEE -- Multi-Sponsored by -- M. of A.
COLTON, FARRELL, GOTTFRIED, MAGEE, MILLMAN, SWEENEY -- read once and
referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting the slaughtering of horses for human consumption
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 380 to read as follows:
S 380. PROHIBITION OF SLAUGHTERING HORSES FOR HUMAN CONSUMPTION. 1.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL FOR ANY
PERSON TO SLAUGHTER OR HAVE ANOTHER PERSON SLAUGHTER A HORSE WHERE SUCH
PERSON KNOWS OR SHOULD KNOW THAT ANY PART OF SUCH HORSE WILL BE USED FOR
HUMAN CONSUMPTION.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
FOR ANY PERSON TO SELL, OFFER TO SELL OR BARTER, GIVE AWAY, PURCHASE,
POSSESS, TRANSPORT, DELIVER, OR RECEIVE ANY HORSE WITH THE INTENT OF
SLAUGHTERING OR HAVING ANOTHER PERSON SLAUGHTER SUCH HORSE IF SUCH
PERSON KNOWS OR SHOULD KNOW THAT ANY OF THE HORSEFLESH IS INTENDED FOR
HUMAN CONSUMPTION.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
FOR ANY PERSON TO SELL, BARTER, OFFER TO SELL OR BARTER, GIVE AWAY,
PURCHASE, POSSESS, TRANSPORT, DELIVER, OR RECEIVE HORSEFLESH IF SUCH
PERSON KNOWS OR SHOULD KNOW THAT ANY OF THE HORSEFLESH WILL BE USED FOR
HUMAN CONSUMPTION.
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
FOR ANY PERSON TO IMPORT INTO OR EXPORT FROM THIS STATE, LIVE HORSES
WHERE SUCH PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSE IS INTENDED FOR
SLAUGHTER FOR HUMAN CONSUMPTION.
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
FOR ANY PERSON TO IMPORT INTO OR EXPORT FROM THIS STATE, HORSEFLESH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04558-01-3
A. 3905 2
WHERE SUCH PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSEFLESH IS INTENDED
FOR HUMAN CONSUMPTION.
6. IT SHALL BE UNLAWFUL TO OFFER HORSEFLESH FOR SALE FOR HUMAN
CONSUMPTION.
7. AS USED IN THIS SECTION, THE TERM "HORSE" INCLUDES ALL MEMBERS OF
THE EQUINE FAMILY, INCLUDING HORSES, PONIES, DONKEYS, MULES, ASSES AND
BURROS; AND THE TERM "HORSEFLESH" MEANS THE FLESH OF A DEAD HORSE,
INCLUDING THE ANIMAL'S VISCERA, SKIN, HAIR, HIDE, HOOVES, AND BONES; THE
TERM "PERSON" MEANS AN INDIVIDUAL, CORPORATION, PARTNERSHIP, TRUST,
ASSOCIATION OR OTHER LEGAL ENTITY.
8. A VIOLATION OF THIS SECTION IS A MISDEMEANOR PUNISHABLE BY IMPRI-
SONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN ONE
THOUSAND DOLLARS, OR BY BOTH. IN LIEU OF CRIMINAL PROSECUTION, A
VIOLATION OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO
ONE THOUSAND DOLLARS FOR AN INDIVIDUAL AND UP TO FIVE THOUSAND DOLLARS
FOR A CORPORATION FOR THE FIRST VIOLATION. ANY SUBSEQUENT VIOLATION
SHALL BE PUNISHABLE BY A CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND
DOLLARS.
9. ANY CIVIL PENALTIES COLLECTED PURSUANT TO THIS SECTION OF LAW SHALL
BE PAYABLE TO THE ANIMAL POPULATION CONTROL FUND ESTABLISHED PURSUANT TO
SECTION NINETY-SEVEN-XX OF THE STATE FINANCE LAW.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.