S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1147
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced by M. of A. ROSENTHAL, WEPRIN, MALLIOTAKIS, SALADINO, MONTES-
   ANO,  THIELE,  KAVANAGH,  ENGLEBRIGHT,  M. G. MILLER,  ORTIZ,  MOSLEY,
   COLTON -- Multi-Sponsored by -- M. of A. FAHY, GLICK, GOTTFRIED, HEVE-
   SI, JAFFEE, SIMON, SOLAGES, STECK -- read once  and  referred  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-g to read as follows:
   § 353-G. 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04971-01-7

 A. 1147                             2
 
   (H) "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.
   § 2. This act shall take effect twenty-four months after it shall have
 become a law.