Senate Bill S7616

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7616
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             December 17, 2021
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the agriculture and markets law, in relation to  prohib-
   iting  the importation or sale of animal products produced in a manner
   that violates New York's animal cruelty laws

   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
 article 5-E to read as follows:
 
                                ARTICLE 5-E
             PROTECTION OF NEW YORK'S FARMERS AND ANIMALS ACT
 SECTION 97. DEFINITIONS.
         98. PROHIBITIONS.
         99. ENFORCEMENT.
   § 97. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS OTHERWISE EXPRESSLY
 STATED, OR UNLESS THE CONTENT OR SUBJECT MATTER OTHERWISE REQUIRES:
   1. "PERSON" MEANS ANY PERSON, FIRM, CORPORATION, OR ASSOCIATION;
   2. "FARM ANIMAL" MEANS  ANY  UNGULATE,  POULTRY,  SPECIES  OF  CATTLE,
 SHEEP,  SWINE,  GOATS, LLAMAS, HORSES OR FUR-BEARING ANIMALS, AS DEFINED
 IN SECTION 11-1907 OF THE  ENVIRONMENTAL  CONSERVATION  LAW,  WHICH  ARE
 RAISED  FOR COMMERCIAL OR SUBSISTENCE PURPOSES. FUR-BEARING ANIMAL SHALL
 NOT INCLUDE DOGS OR CATS.
   3. "FARM ANIMAL PRODUCT" MEANS ANY PRODUCT MADE FROM,  CONTAINING,  OR
 DERIVED  FROM  ANY  PART  OF ANY FARM ANIMAL OR ANYTHING PRODUCED BY ANY
 FARM ANIMAL, INCLUDING BUT NOT LIMITED TO  MEAT,  FUR,  EGGS  AND  DAIRY
 PRODUCTS.
   4.  "DAIRY  PRODUCT"  MEANS  ALL MILK AND MILK PRODUCTS DEFINED BY THE
 DEFINITIONS AND STANDARDS OF IDENTITY PROMULGATED  PURSUANT  TO  SECTION
 FORTY-SIX-A  OF  THIS  CHAPTER AND SUCH OTHER FOOD PRODUCTS DERIVED FROM
 MILK AS THE COMMISSIONER SHALL DESIGNATE BY REGULATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13982-01-1
              

 S. 7616                             2
 
   5. "ANIMAL CRUELTY"  MEANS  CONDUCT  IN  VIOLATION  OF  SECTION  THREE
 HUNDRED  FIFTY-THREE,  THREE HUNDRED FIFTY-THREE-A, THREE HUNDRED FIFTY-
 THREE-C,  THREE  HUNDRED  FIFTY-SIX,  THREE  HUNDRED  FIFTY-NINE,  THREE
 HUNDRED FIFTY-NINE-A, OR THREE HUNDRED SIXTY OF THIS CHAPTER.
   § 98. PROHIBITIONS. NO PERSON SHALL KNOWINGLY SELL, OFFER FOR SALE, OR
 ADVERTISE  FOR  SALE  ANY FARM ANIMAL PRODUCT WHERE THE FARM ANIMAL FROM
 WHICH THE PRODUCT WAS PRODUCED HAD BEEN SUBJECT  TO  ANIMAL  CRUELTY  AS
 DEFINED  IN  SECTION NINETY-SEVEN OF THIS ARTICLE, OR WHERE ANY PRODUCER
 OF SUCH FARM ANIMAL PRODUCT ENGAGES IN ANIMAL CRUELTY AS PART  OF  THEIR
 BUSINESS PRACTICES. ANY PERSON WHO SELLS, OFFERS FOR SALE, OR ADVERTISES
 FOR  SALE  A  FARM  ANIMAL  PRODUCT WHERE THE FARM ANIMAL FROM WHICH THE
 PRODUCT WAS PRODUCED HAD BEEN SUBJECT TO ANIMAL CRUELTY  AS  DEFINED  IN
 SECTION NINETY-SEVEN OF THIS ARTICLE, OR WHERE ANY PRODUCER OF SUCH FARM
 ANIMAL PRODUCT ENGAGES IN ANIMAL CRUELTY AS PART OF THEIR BUSINESS PRAC-
 TICES,  AFTER  HAVING PURCHASED SUCH A PRODUCT IN OR FROM A JURISDICTION
 IN WHICH SUCH ANIMAL CRUELTY IS LEGAL AND ROUTINE  SHALL  BE  DEEMED  TO
 HAVE  KNOWLEDGE  OF  SUCH  ANIMAL  CRUELTY.  SUCH A PRESUMPTION SHALL BE
 REBUTTABLE WITH EVIDENCE THAT THE  PERSON  MADE  REASONABLE  EFFORTS  TO
 ENSURE THAT THE FARM ANIMAL PRODUCT IN QUESTION DID NOT COME FROM A FARM
 ANIMAL  WHICH HAD BEEN SUBJECTED TO ANIMAL CRUELTY AS DEFINED IN SECTION
 NINETY-SEVEN OF THIS ARTICLE OR WHERE THE PRODUCER OF SUCH  FARM  ANIMAL
 PRODUCT DID NOT ENGAGE IN ANIMAL CRUELTY AS PART OF THEIR BUSINESS PRAC-
 TICES.
   §  99.  ENFORCEMENT.  1. THE COMMISSIONER MAY INSTITUTE SUCH ACTION AT
 LAW OR IN EQUITY AS MAY APPEAR NECESSARY TO ENFORCE COMPLIANCE WITH  ANY
 PROVISIONS  OF THIS ARTICLE AND ANY RULES AND REGULATIONS PROMULGATED BY
 THE COMMISSIONER TO CARRY OUT THE PROVISIONS  OF  THIS  ARTICLE  AND  IN
 ADDITION  MAY APPLY FOR RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE
 PUBLIC INTEREST WITHOUT BEING COMPELLED  TO  ALLEGE  OR  PROVE  THAT  AN
 ADEQUATE  REMEDY  AT LAW DOES NOT EXIST. SUCH APPLICATION MAY BE MADE TO
 THE SUPREME COURT IN ANY DISTRICT OR COUNTY AS  PROVIDED  IN  THE  CIVIL
 PRACTICE  LAW  AND  RULES, OR TO THE SUPREME COURT IN THE THIRD JUDICIAL
 DISTRICT. IF THE COMMISSIONER SHALL DETERMINE THAT A PERSON HAS KNOWING-
 LY SOLD, KNOWINGLY OFFERED FOR SALE, OR KNOWINGLY ADVERTISED FOR SALE  A
 FARM ANIMAL PRODUCT IN VIOLATION OF THIS ARTICLE, THE COMMISSIONER SHALL
 SEEK  STATUTORY DAMAGES OF ONE HUNDRED DOLLARS PER UNIT OF PRODUCT. SUCH
 STATUTORY DAMAGES SHALL NOT IN AGGREGATE EXCEED TEN THOUSAND DOLLARS FOR
 THE FIRST VIOLATION; HOWEVER SUBSEQUENT VIOLATIONS SHALL HAVE NO MAXIMUM
 AGGREGATE FINE.
   2. WHENEVER THE COMMISSIONER OR  HIS  DULY  AUTHORIZED  REPRESENTATIVE
 SHALL  FIND  ANY FARM ANIMAL PRODUCT WHICH THE COMMISSIONER HAS PROBABLE
 CAUSE TO BELIEVE WAS OR IS BEING SOLD, OFFERED FOR SALE,  OR  ADVERTISED
 FOR  SALE  IN  VIOLATION  OF  THIS  ARTICLE OR THE RULES AND REGULATIONS
 PROMULGATED PURSUANT THERETO, THE COMMISSIONER MAY SEIZE  OR  QUARANTINE
 SUCH  PRODUCT.  FOLLOWING  SUCH  SEIZURE  OR QUARANTINE THE COMMISSIONER
 SHALL HOLD A HEARING IN ACCORDANCE WITH THE PROVISIONS  OF  SECTION  TWO
 HUNDRED  TWO-B  OF  THIS  CHAPTER. THE DETERMINATION OF THE COMMISSIONER
 FOLLOWING SUCH HEARING SHALL BE SUBJECT TO JUDICIAL REVIEW IN THE MANNER
 AND WITHIN THE TIME LIMITS SET FORTH THEREIN.
   § 2. This act shall take effect January 1, 2022.