S T A T E   O F   N E W   Y O R K
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                                 4404--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced  by  M.  of  A.  GLICK, JAFFEE, ROSENTHAL, TEDISCO, DINOWITZ,
  ENGLEBRIGHT, BROOK-KRASNY, BUCHWALD, McDONOUGH --  Multi-Sponsored  by
  -- M. of A.  CERETTO, COLTON, GARBARINO, GOTTFRIED, LUPARDO, McDONALD,
  McLAUGHLIN,  PERRY -- read once and referred to the Committee on Agri-
  culture -- committee discharged, bill amended,  ordered  reprinted  as
  amended and recommitted to said committee

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 AT RETAIL, BARTER, OFFER TO  SELL  AT  RETAIL  OR
BARTER, GIVE AWAY, OR PURCHASE AT RETAIL, IF SUCH PERSON KNOWS OR SHOULD
KNOW THAT ANY OF THE HORSEFLESH WILL BE USED FOR HUMAN CONSUMPTION.
  4.  IT SHALL BE UNLAWFUL FOR ANY PERSON TO POSSESS HORSEFLESH WITH THE
INTENT TO SELL SUCH HORSEFLESH  AT  RETAIL  FOR  THE  PURPOSE  OF  HUMAN
CONSUMPTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02476-02-5

              

A. 4404--A                          2

  5.  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.
  6.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
FOR ANY PERSON TO IMPORT INTO OR  EXPORT  FROM  THIS  STATE,  HORSEFLESH
WHERE  SUCH PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSEFLESH IS INTENDED
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.
  10. THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO, AND NOT IN LIEU
OF,  ANY  OTHER  LAWS PROTECTING ANIMAL WELFARE. THIS SECTION MAY NOT BE
CONSTRUED TO LIMIT ANY STATE LAW OR  RULES  PROTECTING  THE  WELFARE  OF
ANIMALS OR TO PREVENT A LOCAL GOVERNING BODY FROM ADOPTING AND ENFORCING
ITS OWN ANIMAL WELFARE LAWS AND REGULATIONS.
  11.  IF  ANY  PROVISION OF THIS SECTION, OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCES, IS HELD INVALID OR  UNCONSTITUTIONAL,  THAT
INVALIDITY  OR  UNCONSTITUTIONALITY SHALL NOT AFFECT OTHER PROVISIONS OR
APPLICATIONS OF THIS SECTION THAT CAN BE GIVEN EFFECT WITHOUT THE INVAL-
ID OR UNCONSTITUTIONAL PROVISION OR APPLICATION, AND  TO  THIS  END  THE
PROVISIONS OF THIS SECTION ARE SEVERABLE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.