S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7871--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2019
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Agriculture -- recommitted  to  the  Committee  on  Agriculture  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 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 382 to read as follows:
   § 382. 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 POSSESS, TO IMPORT INTO OR EXPORT FROM THE STATE, TO
 SELL, BUY, GIVE AWAY, HOLD, OR ACCEPT ANY HORSE WITH THE INTENT OF KILL-
 ING, OR HAVING ANOTHER KILL, SUCH HORSE, IF SUCH PERSON KNOWS OR  SHOULD
 HAVE  KNOWN  THAT ANY PART OF SUCH HORSE WILL BE USED FOR HUMAN CONSUMP-
 TION.
   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  HORSEFLESH,  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.
                                                            LBD10720-05-0
              

 A. 7871--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.  ANY  OWNER  OR  TRAINER  STABLED AT A NEW YORK RACING ASSOCIATION
 TRACK FOUND TO HAVE KNOWINGLY SOLD A HORSE FOR SLAUGHTER WILL  HAVE  HIS
 OR  HER  STALLS PERMANENTLY REVOKED FROM ALL NEW YORK RACING ASSOCIATION
 TRACKS.
   11. 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.
   12. 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.