S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    726
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 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.
                                                            LBD00959-01-3
 A. 726                              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.