S T A T E O F N E W Y O R K
________________________________________________________________________
2313
2021-2022 Regular Sessions
I N A S S E M B L Y
January 14, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to downed
animals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 96-g of the agriculture and markets law is amended
by adding a new subdivision 18 to read as follows:
18. "DOWNED ANIMAL" MEANS ANY LIVE SPECIES OF CATTLE, SHEEP, GOATS OR
SWINE THAT IS UNABLE TO STAND AND WALK UNASSISTED.
§ 2. The agriculture and markets law is amended by adding a new
section 96-k to read as follows:
§ 96-K. DOWNED ANIMALS. 1. NO SLAUGHTERHOUSE, STOCKYARD, AUCTION
MARKET AGENCY, OR DEALER SHALL BUY, SELL, OR RECEIVE A DOWNED ANIMAL OR
PRODUCTS OF DOWNED ANIMALS FOR HUMAN CONSUMPTION.
2. NO SLAUGHTERHOUSE, STOCKYARD, AUCTION MARKET AGENCY, OR DEALER
SHALL HOLD A DOWNED ANIMAL WITHOUT TAKING IMMEDIATE ACTION TO HUMANELY
EUTHANIZE THE ANIMAL, OR HUMANELY REMOVE THE ANIMAL FOR VETERINARY
TREATMENT.
3. WHILE IN TRANSIT OR ON THE PREMISES OF A SLAUGHTERHOUSE, STOCKYARD,
AUCTION MARKET AGENCY, OR DEALER, A DOWNED ANIMAL SHALL NOT BE DRAGGED
AT ANY TIME, OR PUSHED WITH EQUIPMENT AT ANY TIME, BUT SHALL BE MOVED
WITH A SLING OR ON A STONEBOAT OR BY OTHER SLED-LIKE OR WHEELED CONVEY-
ANCE.
4. AS USED IN THIS SECTION (A) "HUMANELY EUTHANIZED" MEANS TO KILL BY
CHEMICAL METHOD OR A PENETRATING CAPTIVE BOLT TO THE FRONTAL PART OF THE
BRAIN THAT RAPIDLY AND EFFECTIVELY RENDERS THE ANIMAL INSENSITIVE TO
PAIN. CHEMICAL METHODS ARE TO BE RESTRICTED SOLELY TO THE USE OF A
PENTOBARBITAL SOLUTION IN A CONCENTRATION DESIGNED TO ACHIEVE AN IMMEDI-
ATE AND PAINLESS DEATH; AND (B) "HUMANELY REMOVE" MEANS MOVING A DOWNED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00861-01-1
A. 2313 2
ANIMAL WITH A SLING OR ON A STONEBOAT OR BY OTHER SLED-LIKE OR WHEELED
CONVEYANCE.
5. A VIOLATION OF THIS SECTION SHALL BE A MISDEMEANOR AS DEFINED IN
SUBDIVISION FOUR OF SECTION 10.00 OF THE PENAL LAW.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.