BILL NUMBER: S7680A

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the public health law, in relation to prohibiting the
service of live octopus and squid in dining establishments

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the serving of live octopus and squid in restaurants

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1352 of the public health law will be amended by adding a new
subdivision 3-a to prohibit the serving of live octopus or squid to the
dinner table or to a customer.

 
JUSTIFICATION:

              

Under current law, restaurants may serve live animals to customers who
desire this dining experience. This practice often occurs with animals
such as octopus and squid. Multiple studies show octopuses have a devel-
oped nervous system that allows them to feel pain in the same way other
living and breathing animals would. This legislation would not apply to
oysters, clams, scallops or crustacea.

Research shows that three fifths of the octopus' neurons are in its
arms, which means the octopus, experiences the dismembering of its own
body before its tragic death. In fact, videos of this torturous ordeal
show animals trying to escape a hot pot or a dish in order to survive,
corroborating multiple study's findings that octopus and squid can
anticipate a painful and stressful situation. A customer's dining expe-
rience may no longer justify this inhumane practice; it is immoral to
put these animals through such cruel treatment.

By serving a live octopus or squid to a guest, patrons are not only
causing the animal grave torture, but also making guests vulnerable to
illnesses and viruses that may derive from raw seafood. Although placing
seafood on ice prior to serving does eliminate parasites, this procedure
does not completely remove all harmful organisms.

The preparation of a live squid and octopus lacks proper sanitation
procedures and bypasses the vetting process for food borne illnesses,
putting individuals who consume live seafood at great risk of falling
ill to life threatening diseases. Each year, roughly, 48 million Ameri-
cans get sick, 128,000 hospitalized, and 3,000 die of foodborne
diseases. New York State residents may no longer stand idly by as inno-
cent squid and octopus are tortured, and the health of residents are
placed in jeopardy for the sake of a delicacy dish.

This legislation would ban the inhumane practice of serving live octopus
or squid at any dining and drinking establishments in the State of New
York.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Effective immediately