NY State Senate Bill 2019-S5983B

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2020	reported and committed to agriculture
Jan 08, 2020	referred to domestic animal welfare
Nov 22, 2019	print number 5983b
Nov 22, 2019	amend and recommit to domestic animal welfare
Jun 11, 2019	print number 5983a
Jun 11, 2019	amend and recommit to domestic animal welfare
May 16, 2019	referred to domestic animal welfare

Votes

- Feb 3, 2020 - Domestic Animal Welfare Committee Vote
  S5983B
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Domestic Animal Welfare Committee Vote: Feb 3, 2020
      
      aye (6)
      
      Addabbo Jr.
      
      Felder
      
      Harckham
      
      Martinez
      
      Metzger
      
      Tedisco
      
      absent (1)
      
      Boyle

Bill Amendments

Original

B (Active)

co-Sponsors

2019-S5983 - Details

See Assembly Version of this Bill:: A7871
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §382, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S5875, A5481
2023-2024: S2163, A5109

2019-S5983 - 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 possessing, importing into or exporting from the state, selling, buying, giving away, holding or accepting any horse with the intent of killing, 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 consumption; and provides penalties for violation.

2019-S5983 - Sponsor Memo

                                
 
BILL NUMBER: S5983

SPONSOR: MARTINEZ
 
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 381, 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 slaugh-
ter. 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:

None.

 
FISCAL IMPLICATIONS:

None

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

2019-S5983 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5983
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Domestic Animal Welfare
 
 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 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, 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.
                                                            LBD10720-01-9

 S. 5983                             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

2019-S5983A - Details

See Assembly Version of this Bill:: A7871
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §382, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S5875, A5481
2023-2024: S2163, A5109

2019-S5983A - Summary

2019-S5983A - Sponsor Memo

                                
 
BILL NUMBER: S5983A

SPONSOR: MARTINEZ
 
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 381, 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 slaugh-
ter. 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:

None.

 
FISCAL IMPLICATIONS:

None

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

2019-S5983A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5983--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced by Sens. MARTINEZ, ADDABBO -- read twice and ordered printed,
   and  when  printed to be committed to the Committee on Domestic Animal
   Welfare -- 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 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.
   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.

                                                            LBD10720-02-9

 S. 5983--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.

co-Sponsors

2019-S5983B (ACTIVE) - Details

See Assembly Version of this Bill:: A7871
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §382, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S5875, A5481
2023-2024: S2163, A5109

2019-S5983B (ACTIVE) - Summary

2019-S5983B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5983B

SPONSOR: MARTINEZ
 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the Agriculture and Markets Law by adding a new section 381, 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. Any owner or

trainer found to have knowingly sold a horse for slaughter will have
their stalls permanently revoked from NYRA tracks.

 
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 slaugh-
ter. 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:

None.

 
FISCAL IMPLICATIONS:

None

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

2019-S5983B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5983--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced by Sens. MARTINEZ, ADDABBO -- read twice and ordered printed,
   and  when  printed to be committed to the Committee on Domestic Animal
   Welfare -- committee discharged, bill amended,  ordered  reprinted  as
   amended  and  recommitted  to  said committee -- 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 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.

                                                            LBD10720-04-9

 S. 5983--B                          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.

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Senate Bill S5983B

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Feb 3, 2020 - Domestic Animal Welfare Committee Vote

Domestic Animal Welfare Committee Vote: Feb 3, 2020

Bill Amendments

co-Sponsors

2019-S5983 - Details

2019-S5983 - Summary

2019-S5983 - Sponsor Memo

2019-S5983 - Bill Text download pdf

co-Sponsors

2019-S5983A - Details

2019-S5983A - Summary

2019-S5983A - Sponsor Memo

2019-S5983A - Bill Text download pdf

co-Sponsors

2019-S5983B (ACTIVE) - Details

2019-S5983B (ACTIVE) - Summary

2019-S5983B (ACTIVE) - Sponsor Memo

2019-S5983B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5983B

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Sponsored By

Monica R. Martinez

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Bill Amendments

co-Sponsors

Joseph P. Addabbo Jr.

2019-S5983 - Details

2019-S5983 - Summary

2019-S5983 - Sponsor Memo

2019-S5983 - Bill Text download pdf

co-Sponsors

Joseph P. Addabbo Jr.

2019-S5983A - Details

2019-S5983A - Summary

2019-S5983A - Sponsor Memo

2019-S5983A - Bill Text download pdf

co-Sponsors

Joseph P. Addabbo Jr.

2019-S5983B (ACTIVE) - Details

2019-S5983B (ACTIVE) - Summary

2019-S5983B (ACTIVE) - Sponsor Memo

2019-S5983B (ACTIVE) - Bill Text download pdf

Comments