NY State Senate Bill 2017-S5846A

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 20, 2018	print number 5846a
Feb 20, 2018	amend and recommit to agriculture
Jan 03, 2018	referred to agriculture
May 03, 2017	referred to agriculture

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S5846 - Details

See Assembly Version of this Bill:: A4012
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §381, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3736
2011-2012: A3504
2013-2014: S4615, A3905
2015-2016: S1082, A4404
2019-2020: S1497, A1102
2021-2022: S1537

2017-S5846 - Summary

Prohibits any person from slaughtering a horse where such person knows or has reason to know that such horse will be used for human consumption; and prohibits any person from selling, bartering, giving away, purchasing, possessing, transporting, delivering or receiving horseflesh where such person knows or should know that such horseflesh is intended for human consumption; and provides penalties for violation.

2017-S5846 - Sponsor Memo

                                 BILL NUMBER:  S5846

 TITLE OF BILL :  An act to amend the agriculture and markets law, in
relation to prohibiting the slaughtering of horses for human
consumption

 PURPOSE OR GENERAL IDEA OF BILL :

To amend the Agriculture and Markets Law by adding a new section 380,
to prohibit the slaughtering of horses for human consumption.

 SUMMARY OF SPECIFIC PROVISIONS :

The Agriculture and Markets Law shall be amended by adding a new
section 380. This section will make it unlawful to slaughter a horse
for human consumption. It shall be unlawful to purchase, trade, offer,
import or export a horse or horse flesh, in any way with the intent of
it being slaughtered for human consumption. It shall also be unlawful
to buy or sell at retail, trade, barter or offer horse flesh if there
is prior knowledge that the meat is intended for human consumption.
The term horse, includes all members of the equine family, including
horses, ponies, donkeys, mules, asses, and burros.  The term horse
flesh means any part of the horse's body. A violation of this law will
be a misdemeanor punishable by imprisonment for not more than one year
or by a fine of not more than one thousand dollars or by both.

 JUSTIFICATION :

104,899 horses were slaughtered in the United States during 2006, the
last full year of horse slaughtering in the US, according to the
Government Accountability Office. In 2007, after Congressional
approval of an appropriations bill that included a rider prohibiting
the USDA from financing the inspection of horse meat, all US horse
slaughter facilities closed. From 2006 through 2010, US horse for
slaughter exports to Canada increased by 148%. In 2010, 137,984 horses
were exported to Canada for slaughter. The vast majority of these
horses are being slaughtered for human consumption abroad, mainly in
Europe and Japan. In 2011, that 2007 rider was removed by Congress in
an omnibus spending act. The door has potentially been re-opened for
horse slaughter within the United States as a horse meat plant in New
Mexico nears approval in 2013.  Pet horses, work horses, racehorses
and even wild horses go to slaughter. Most arrive at the
slaughterhouse via livestock auctions where, often unknown to the
seller, they are bought by middlemen working for the slaughter plants.
These so-called "killer buyers" travel from one auction to the next
collecting young, old, sick and healthy animals until their trucks are
full. Some are shipped for more than 24 hours at a time without food,
water or rest, and suffer horribly along the way.

Callous treatment of horses at the slaughterhouse often results in
their prolonged suffering. Panicked horses are prodded and beaten off
the truck and into the kill-chute. The improper use of stunning
equipment, designed to render the animal unconscious with a swift shot
to the head, means that horses sometimes endure repeated blows and
remain conscious during their own slaughter.

This bill would prohibit any person from slaughtering a horse where
such person knows or has reason to know that such horse will be used
for human consumption. Furthermore, it prohibits any person from
selling, bartering, giving away, purchasing, possessing, transporting,
delivering or receiving horseflesh where such person knows or should
know that such horseflesh is intended for human consumption. This bill
also provides penalties for violations in an effort to ensure that
such cruelty and blatant disregard of one of America's most majestic
and noble creatures will no longer be tolerated in New York State.

 PRIOR LEGISLATIVE HISTORY :

2016: S1082A Referred to agriculture

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2017-S5846 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5846
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 3, 2017
                                ___________
 
 Introduced  by  Sen. TEDISCO -- 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  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:
   §  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.
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02964-01-7

 S. 5846                             2
 
   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.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

co-Sponsors

2017-S5846A (ACTIVE) - Details

See Assembly Version of this Bill:: A4012
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §381, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3736
2011-2012: A3504
2013-2014: S4615, A3905
2015-2016: S1082, A4404
2019-2020: S1497, A1102
2021-2022: S1537

2017-S5846A (ACTIVE) - Summary

2017-S5846A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5846A

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to prohib-
iting the slaughtering of horses for human consumption

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the Agriculture and Markets Law by adding a new section 380, to
prohibit the slaughtering of horses for human consumption.

 
SUMMARY OF SPECIFIC PROVISIONS:

The Agriculture and Markets Law shall be amended by adding a new section
381. This section will make it unlawful to slaughter a horse for human
consumption. It shall be unlawful to purchase, trade, offer, import or
export a horse or horse flesh, in any way with the intent of it being
slaughtered for human consumption. It shall also be unlawful to buy or
sell at retail, trade, barter or offer horse flesh if there is prior

knowledge that the meat is intended for human consumption. The term
horse, includes all members of the equine family, including horses,
ponies, donkeys, mules, asses, and burros.  The term horse flesh means
any part of the horse's body. A violation of this law will be a misde-
meanor punishable by imprisonment for not more than one year or by a
fine of not more than one thousand dollars or by both.

 
JUSTIFICATION:

104,899 horses were slaughtered in the United States during 2006, the
last full year of horse slaughtering in the US, according to the Govern-
ment Accountability Office. In 2007, after Congressional approval of an
appropriations bill that included a rider prohibiting the USDA from
financing the inspection of horse meat, all US horse slaughter facili-
ties closed. From 2006 through 2010, US horse for slaughter exports to
Canada increased by 148%. In 2010, 137,984 horses were exported to Cana-
da for slaughter. The vast majority of these horses are being slaugh-
tered for human consumption abroad, mainly in Europe and Japan. In 2011,
that 2007 rider was removed by Congress in an omnibus spending act. The
door has potentially been re-opened for horse slaughter within the
United States as a horse meat plant in New Mexico nears approval in
2013. Pet horses, work horses, racehorses and even wild horses go to
slaughter. Most arrive at the slaughterhouse via livestock auctions
where, often unknown to the seller, they are bought by middlemen working
for the slaughter plants. These so-called "killer buyers" travel from
one auction to the next collecting young, old, sick and healthy animals
until their trucks are full. Some are shipped for more than 24 hours at
a time without food, water or rest, and suffer horribly along the way.

Callous treatment of horses at the slaughterhouse often results in their
prolonged suffering. Panicked horses are prodded and beaten off the
truck and into the kill-chute. The improper use of stunning equipment,
designed to render the animal unconscious with a swift shot to the head,
means that horses sometimes endure repeated blows and remain conscious
during their own slaughter.

This bill would prohibit any person from slaughtering a horse where such
person knows or has reason to know that such horse will be used for
human consumption. Furthermore, it prohibits any person from selling,
bartering, giving away, purchasing, possessing, transporting, delivering
or receiving horseflesh where such person knows or should know that such
horseflesh is intended for human consumption. This bill also provides
penalties for violations in an effort to ensure that such cruelty and
blatant disregard of one of America's most majestic and noble creatures
will no longer be tolerated in New York State.

 
PRIOR LEGISLATIVE HISTORY:

2016: S1082A Referred to agriculture

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2017-S5846A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5846--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 3, 2017
                                ___________
 
 Introduced  by Sens. TEDISCO, ADDABBO -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Agriculture  --
   recommitted  to the Committee on Agriculture in accordance with Senate
   Rule  6,  sec.  8  --  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 381 to read as follows:
   § 381. 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.
   5.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
 FOR ANY PERSON TO IMPORT INTO OR EXPORT FROM  THIS  STATE,  LIVE  HORSES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02964-02-8

 S. 5846--A                          2
 
 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.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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Senate Bill S5846A

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Bill Amendments

co-Sponsors

2017-S5846 - Details

2017-S5846 - Summary

2017-S5846 - Sponsor Memo

2017-S5846 - Bill Text download pdf

co-Sponsors

2017-S5846A (ACTIVE) - Details

2017-S5846A (ACTIVE) - Summary

2017-S5846A (ACTIVE) - Sponsor Memo

2017-S5846A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5846A

Share this bill

Sponsored By

James Tedisco

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Bill Amendments

co-Sponsors

Joseph P. Addabbo Jr.

2017-S5846 - Details

2017-S5846 - Summary

2017-S5846 - Sponsor Memo

2017-S5846 - Bill Text download pdf

co-Sponsors

Joseph P. Addabbo Jr.

Marisol Alcantara

Luis R. Sepúlveda

2017-S5846A (ACTIVE) - Details

2017-S5846A (ACTIVE) - Summary

2017-S5846A (ACTIVE) - Sponsor Memo

2017-S5846A (ACTIVE) - Bill Text download pdf

Comments