senate Bill S4987

2013-2014 Legislative Session

Confinement of certain animals for food producing purposes

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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 08, 2014 referred to agriculture
May 02, 2013 referred to agriculture

Co-Sponsors

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S4987 - Bill Details

See Assembly Version of this Bill:
A1656
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §353-f, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:
A9449

S4987 - Bill Texts

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Pertains to confinement of certain animals for food producing purposes; prohibits any person to tether or confine any pig during pregnancy or calf raised for veal 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; establishes that commission of such crime shall constitute a class A misdemeanor punishable by imprisonment for a period not to exceed one year and/or fine not to exceed $1,000.

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BILL NUMBER:S4987

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to the confinement of certain animals for food producing
purposes

PURPOSE:

This bill will phase out pig gestation crates and veal crate cages by
2016.

SUMMARY OF PROVISIONS:

Section 1 subdivision one amends the agriculture and markets law by
adding a new section 353-f that defines the terms employed for the
purposes of this bill. Subdivision two would make it unlawful for any
person to confine any covered animal in a manner that prevents them
from lying down, standing up and fully extending its limbs and turning
around freely. Subdivision 3 lists exemptions to the rules set forth
in the previous subdivision, Subdivision 4 would make any violation of
the provisions of this section a Class A misdemeanor. Subdivision 5
provides that nothing contained in this section shall conflict with
humane local laws. Subdivision 6 stipulates that nothing in this
section shall reduce the protection afforded to animals or the
enforcement of such protection. Subdivision 7 sets out the enforcement
mechanism for this section.

Section 2 sets out the effective date.

JUSTIFICATION:

Harsh confinement within confinement crates and cages deprives calves
and pigs of the ability to engage in natural behavior. Animals
confined in such circumstances experience extensive and significant
physical and psychological trauma.

Nationwide, about 1 million calves raised for veal and 6 million
breeding sows (female pigs) suffer nearly their entire lives inside
tiny crates so small the animals can't even turn around. According the
Humane Society of the United States, veal factory farmers separate
calves from their mothers within the first few days of birth and cram
them into individual crates or stalls, tethered by their necks. Inside
these enclosures, the calves can barely move.

Breeding sows suffer under similar circumstances. Gestation crates
board pregnant pigs for nearly their entire four-month pregnancy,
These tiny metal crates are not even large enough for the pig to move
or perform natural behaviors such as cleaning themselves or simply
turning around.

Veal and pork producers nationally are already in the process of
phasing out veal and gestation crates. All veal producers have set a
deadline of 2017 for themselves to phase out veal crates. In January
2007, Smithfield, the nation's largest pork producer, announced that
they would phase out the confinement of pigs over the next decade and
Cargill, the nation's eighth biggest pork producer, has also stated
that it is working on phasing out confinement.


Bans on gestation crates are not without precedent. In 2002, Florida
voters banned gestation crates in a 55% - 45% vote. In 2006, Arizona
voters banned both gestation crates and veal crates. In 2007, the
Oregon legislature banned gestation crates and in 2008, the Colorado
legislature banned both gestation crates and veal crates. Finally,
this past November, California voters passed Proposition 2 which
banned gestation crates, veal crates and battery cages. The entire
European Union has also banned both veal crates and gestation crates,
effective 2007 and 2013, respectively.

LEGISLATIVE HISTORY:

A.9449/2012

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect January 1, 2017.

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

                                  4987

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 2, 2013
                               ___________

Introduced  by  Sen.  BOYLE  -- 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  the
  confinement of certain 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-f to read as follows:
  S  353-F.  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 OR A CALF  RAISED
FOR VEAL.
  (C)  "ENCLOSURE"  MEANS ANY CAGE, CRATE, OR OTHER STRUCTURE (INCLUDING
WHAT IS COMMONLY DESCRIBED AS A "GESTATION CRATE" FOR PIGS  OR  A  "VEAL
CRATE" FOR CALVES, USED TO CONFINE A COVERED ANIMAL.
  (D)  "FARM"  MEANS  THE LAND, BUILDINGS, 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.
  (E) "FULLY EXTENDING ITS LIMBS" MEANS FULLY EXTENDING ALL LIMBS  WITH-
OUT TOUCHING THE SIDE OF AN ENCLOSURE.
  (F)  "PERSON"  MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, ASSOCI-
ATION, OR OTHER LEGAL ENTITY.
  (G) "PIG DURING PREGNANCY" MEANS  ANY  PREGNANT  PIG  OF  THE  PORCINE
SPECIES KEPT FOR THE PRIMARY PURPOSE OF BREEDING.
  (H) "TURNING AROUND FREELY" MEANS TURNING IN A COMPLETE CIRCLE WITHOUT
ANY  IMPEDIMENT, INCLUDING A TETHER, AND WITHOUT TOUCHING THE SIDE OF AN
ENCLOSURE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05220-01-3

S. 4987                             2

  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, 2017.

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