S T A T E O F N E W Y O R K
________________________________________________________________________
4611
2021-2022 Regular Sessions
I N A S S E M B L Y
February 4, 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 prohib-
iting the shipment of certain live animals by postal mail
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 THE SHIPPING OF LIVE ANIMALS BY POSTAL MAIL. 1.
IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP OR CORPORATION TO
MAIL OR OFFER FOR MAILING A LIVE ANIMAL BY POSTAL MAIL INTO OR WITHIN
THE STATE OF NEW YORK OR FROM THE STATE OF NEW YORK TO POINTS OUTSIDE
THE STATE OF NEW YORK. AS USED IN THIS SECTION, "LIVE ANIMAL" SHALL
MEAN ANY MAMMAL, BIRD, REPTILE, OR AMPHIBIAN. "POSTAL MAIL" SHALL MEAN
MAIL THAT IS PROCESSED AND DELIVERED BY THE UNITED STATES POSTAL SERVICE
OR OTHER MAIL CARRIER. A PERSON, FIRM, PARTNERSHIP OR CORPORATION SHALL
BE CONSIDERED TO HAVE MAILED OR OFFERED FOR MAILING A LIVE ANIMAL IN
VIOLATION OF THIS SECTION WHEN SUCH PERSON, FIRM, PARTNERSHIP OR CORPO-
RATION CAUSES SUCH LIVE ANIMAL AND APPLICABLE POSTAGE OR SHIPPING FEE TO
BE PHYSICALLY PLACED IN THE POSSESSION OF THE UNITED STATES POSTAL
SERVICE OR OTHER MAIL CARRIER.
2. A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY
NOT TO EXCEED ONE THOUSAND DOLLARS. EACH SUCH VIOLATION SHALL BE DEEMED
A SEPARATE VIOLATION WITH RESPECT TO EACH ANIMAL MAILED OR OFFERED FOR
MAILING.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02299-01-1