Assembly Bill A5481

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5481
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced  by  M. of A. GLICK, LUPARDO -- read once and referred to the
   Committee on Agriculture
 
 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.
   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.
              

                                                            LBD07903-01-1

 A. 5481                             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. 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.