NY State Senate Bill 2021-S5875

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to agriculture
Mar 19, 2021	referred to agriculture

2021-S5875 (ACTIVE) - Details

See Assembly Version of this Bill:: A5481
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §382, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5983, A7871
2023-2024: S2163, A5109

2021-S5875 (ACTIVE) - 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; 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; provides penalties for violation.

2021-S5875 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5875

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to prohib-
iting the slaughtering of horses for human consumption

 
PURPOSE:

To amend the agriculture and markets law by adding a new section 382, to
prohibit the slaughtering of horses for human consumption.

 
SUMMARY OF PROVISIONS:

The agriculture and markets law shall be amended by adding a new section
382. This section will make it unlawful to slaughter a horse for human
consumption. It shall be unlawful to possess, import into or export from
the State, sell, buy, give away, hold or accept any horse with 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. It shall also be unlawful to sell at retail, barter, offer
to sell at retail or barter, give away or purchase retail horseflesh if
such person knows or should have known that the meat is intended for
human consumption. It shall be unlawful for any person to import export
live horses where such person knows or should have known that such horse
is intended for slaughter for human consumption, or horseflesh where
such person knows or should have known such horseflesh is intended for
human consumption. The term horse includes all members of the equine
family, including horses, ponies, donkey, mules, asses and burros. The
term horseflesh means any part of the horse's body. A violation of this
law will be a misdemeanor 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, 137,984 horses were exported to
Canada for slaughter. The vast majority of these horses are being
slaughtered 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 US as a horsemeat plant in New Mexico was nearing approval in 2013.

Pet horses, workhorses, racehorses and even wild horses go to slaughter.
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 health) 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.
The callous treatment of horses at the slaughterhouse often results in
their prolong 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 majes-
tic and noble creatures will longer be tolerated in New York State.

 
LEGISLATIVE HISTORY:

2020 S.5983

 
FISCAL IMPLICATIONS:

None

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

2021-S5875 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5875
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 19, 2021
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed 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

 S. 5875                             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.

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Senate Bill S5875

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

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2021-S5875 (ACTIVE) - Details

2021-S5875 (ACTIVE) - Summary

2021-S5875 (ACTIVE) - Sponsor Memo

2021-S5875 (ACTIVE) - Bill Text download pdf

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Sponsored By

Anthony H. Palumbo

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

2021-S5875 (ACTIVE) - Details

2021-S5875 (ACTIVE) - Summary

2021-S5875 (ACTIVE) - Sponsor Memo

2021-S5875 (ACTIVE) - Bill Text download pdf

Comments