NY State Senate Bill 2023-S9041

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 11, 2024	referred to agriculture

2023-S9041 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §386, Ag & Mkts L

2023-S9041 (ACTIVE) - Summary

Prohibits the separation of foals younger than four months of age from the mare; prohibits abrupt weaning of foals; establishes fines for violations.

2023-S9041 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9041

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to prohib-
iting the separation of a foal younger than four months of age from the
mare

 
PURPOSE:

To prohibit the separation and sale of a foal or a mare before the foal
has reached four months of age.

 
SUMMARY OF PROVISIONS:

Section one adds a new section to the Agriculture and Markets law to
prohibit the initiation of an abrupt weaning process, for the purposes
of selling either the foal or the mare, of a foal from a mare before the
former has reached four months of age and meets certain conditions. The
conditions include the foal being considered to be in good health by a
licensed veterinarian, having received a deworming treatment and having

a nutrition source aside from milk from the mare. This section prohibits
both the sale and purchase of a foal or mare if the foal has not yet
reached four months of age or if the mare has given birth to a foal in
the previous four months.  Section one also establishes the punishment
for violations of this section.

 
JUSTIFICATION:

Newborn foals rely on their mares; they receive nourishment from them,
are protected by them, and they learn how to behave from than. When a
foal is separated from its mare, it'can be one of the most stressful
events in its life. If done too early, typically prior to four months of
age, the stress of the'abrupt weaning process can lead to long-lasting
negative health effects and behaviors, including altered feeding and
sleeping patterns, aggressiveness, suspension of play, changes in heart
rate and a decline in growth rate.  This legislation will ensure that
the health of foals in New York is protected by prohibiting the abrupt
weaning of a foal from its mare before it is four months old and before
it is deemed to be in good health by a veterinarian. Requiring these
conditions to be met will ensure that horses raised in New York are not
sold before they have had a chance to properly mature. The equine indus-
try is an important part of New York agriculture and its success is
dependent on ensuring the safety and health of all horses across our
state.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9041 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9041
 
                             I N  S E N A T E
 
                              April 11, 2024
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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  separation  of a foal younger than four months of age from
   the mare
 
   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 386 to read as follows:
   § 386. SEPARATION OF FOALS FROM MARES. 1. FOR  THE  PURPOSES  OF  THIS
 SECTION,  THE TERM "ABRUPT WEANING" MEANS THE PROCESS BY WHICH A FOAL IS
 REMOVED FROM THE MARE AND MOVED TO A LOCATION IN WHICH THEY WILL HAVE NO
 VISUAL, AUDIO OR PHYSICAL CONTACT WITH THE MARE.
   2. NO PERSON, CORPORATION, ASSOCIATION, OR OTHER ENTITY SHALL BEGIN AN
 ABRUPT WEANING PROCESS PRIOR TO THE FOAL REACHING FOUR MONTHS OF AGE FOR
 THE PURPOSES OF SALE OF THE FOAL OR MARE.
   3.   NO  PERSON,  CORPORATION,  ASSOCIATION,  OR  OTHER  ENTITY  SHALL
 PURCHASE  A  FOAL  IF THE FOAL IS UNDER FOUR MONTHS OF AGE OR PURCHASE A
 MARE IF THE MARE HAS GIVEN BIRTH TO A FOAL IN THE PAST FOUR MONTHS.
   4.  NO PERSON, CORPORATION, ASSOCIATION, OR OTHER ENTITY SHALL SELL OR
 OFFER FOR SALE A FOAL OR THE MARE OF A FOAL IF:
   (A) THE FOAL IS NOT CONSIDERED IN GOOD HEALTH BY A LICENSED  VETERINA-
 RIAN AND IS NOT UP TO DATE WITH PREVENTATIVE HEALTHCARE AS NECESSARY;
   (B)  THE  FOAL HAS NOT RECEIVED A DEWORMING TREATMENT FOR THE PURPOSES
 OF REMOVING ANY INTERNAL PARASITES; AND
   (C) THE FOAL'S SOLE SOURCE OF NUTRITION IS THE MILK FROM THE MARE.
   5. NO PERSON, CORPORATION, ASSOCIATION, OR OTHER ENTITY SHALL PURCHASE
 OR OFFER TO PURCHASE A FOAL OR THE MARE OF A FOAL IF:
   (A) THE FOAL IS NOT CONSIDERED IN GOOD HEALTH BY A LICENSED  VETERINA-
 RIAN AND IS NOT UP TO DATE WITH PREVENTATIVE HEALTHCARE AS NECESSARY;
   (B)  THE  FOAL HAS NOT RECEIVED A DEWORMING TREATMENT FOR THE PURPOSES
 OF REMOVING ANY INTERNAL PARASITES; AND
   (C) THE FOAL IS NOT ON AN ALTERNATIVE FOOD SOURCE OTHER THAN THE  MILK
 OF THE MARE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11842-02-4
 S. 9041                             2
 
   6.  A VIOLATION OF THIS SECTION SHALL BE A MISDEMEANOR PUNISHABLE BY A
 FINE OF NOT MORE THAN ONE THOUSAND DOLLARS PER HORSE FOR  AN  INDIVIDUAL
 PERSON  AND  UP  TO  TWO  THOUSAND  FIVE HUNDRED DOLLARS PER HORSE FOR A
 CORPORATION, ASSOCIATION, OR OTHER ENTITY, FOR THE FIRST VIOLATION.  ANY
 SUBSEQUENT VIOLATION SHALL BE PUNISHABLE BY A FINE OF UP TO TWO THOUSAND
 DOLLARS  PER  HORSE  FOR  AN  INDIVIDUAL  PERSON AND UP TO FIVE THOUSAND
 DOLLARS PER HORSE FOR A CORPORATION, ASSOCIATION, OR OTHER ENTITY.
   § 2. This act shall take effect immediately.

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Senate Bill S9041

Sponsored By

Current Bill Status - In Senate Committee Agriculture Committee

2023-S9041 (ACTIVE) - Details

2023-S9041 (ACTIVE) - Summary

2023-S9041 (ACTIVE) - Sponsor Memo

2023-S9041 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9041

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Sponsored By

Michelle Hinchey

Current Bill Status - In Senate Committee Agriculture Committee

2023-S9041 (ACTIVE) - Details

2023-S9041 (ACTIVE) - Summary

2023-S9041 (ACTIVE) - Sponsor Memo

2023-S9041 (ACTIVE) - Bill Text download pdf

Comments