NY State Senate Bill S2163A

Current Bill Status - In Senate Committee Agriculture Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Signed/Vetoed by Governor

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Actions

view actions (3)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 28, 2023	print number 2163a
Feb 28, 2023	amend (t) and recommit to agriculture
Jan 19, 2023	referred to agriculture

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S2163 - Details

See Assembly Version of this Bill:: A5109
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §385, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5983, A7871
2021-2022: S5875, A5481

S2163 - 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 or animal consumption; prohibits any person from possessing, selling, importing, etc, a horse or horseflesh if such person knows or should have known that any part of such horse or horseflesh will be used for human or animal consumption; provides penalties for violation.

S2163 - Sponsor Memo

 
BILL NUMBER: S2163

SPONSOR: ADDABBO
 
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 intend ed 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 Referred to Agriculture

2021 S.5875 Referred to Agriculture

2022 S.5875 Referred to Agriculture

 
FISCAL IMPLICATIONS:

None

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

S2163 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2163
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by Sens. ADDABBO, 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 385 to read as follows:
   §  385.  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.
                                                            LBD06575-01-3

 S. 2163                             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.

Co-Sponsors

S2163A (ACTIVE) - Details

See Assembly Version of this Bill:: A5109
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §385, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5983, A7871
2021-2022: S5875, A5481

S2163A (ACTIVE) - Summary

S2163A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2163A

SPONSOR: ADDABBO
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the Agriculture and Markets Law by adding a new section 385, to
prohibit the slaughtering of horses for human or animal consumption.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: The Agriculture and Markets Law shall be amended by adding a
new section 385. This section will make it unlawful to slaughter a horse
for human or animal consumption. The term "horse" includes all members
of the equine family, including horses, ponies, donkeys, mules, asses,
and burros. The term horse flesh means any part of the horse's body. A
violation of this law will be a misdemeanor punishable by a fine of not
more than one thousand dollars per horse for an individual person, and

up to $2,500 per horse for a corporation, association, or other entity
for the first violation.  Subsequent violations increase to up to $2,000
or $5,000 per horse, respectively.

Section 2: This act shall take effect on the one hundred twentieth day
after it shall have become a law.

 
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, US horse for slaughter exports to
Canada increased by 148%. In 2010, 137,984 horses were exported to Cana-
da for slaughter. The vast majority of these horses are being slaugh-
tered for human consumption abroad, mainly in Europe and Japan. In 2011,
that 2007 rider was removed by Congress in an omnibus spending act.
Thedoor has potentially been re-opened for horse slaughter within the
United States as a horse meat plant in New Mexico nears 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 healthy 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 prolonged suffering.  Panicked horses are prodded and beaten off
the truck and into the kill-chute. The improper use of st unning equip-
ment, 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 or animal consumption.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: A.5481 Referred to Agriculture

2019-20: A.7871 Referred to Agriculture

2017-18: A4012A Referred to Agriculture

2015-16: Referred to Agriculture

2013-2014: Referred to Agriculture

2011-2012: Referred to Agriculture

2009-10: Referred to Agriculture; Held for consideration

2007-08: Referred to Agriculture

2005-06: Referred to Codes; Passed Senate

2004: Referred to Agriculture

 
FISCAL IMPLICATIONS:

None

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

S2163A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2163--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by Sens. ADDABBO, PALUMBO -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Agriculture  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the agriculture and markets law, in relation to  prohib-
   iting the slaughtering of horses for human or animal 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 385 to read as follows:
   § 385. PROHIBITION OF SLAUGHTERING HORSES FOR HUMAN OR ANIMAL CONSUMP-
 TION.  1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL BE UNLAW-
 FUL FOR ANY PERSON TO SLAUGHTER OR HAVE ANOTHER PERSON SLAUGHTER A HORSE
 IF  SUCH PERSON KNOWS OR SHOULD KNOW THAT ANY PART OF SUCH HORSE WILL BE
 USED FOR HUMAN OR ANIMAL CONSUMPTION.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT  SHALL  BE  UNLAWFUL
 FOR  ANY  PERSON  WHO OWNS OR IS IN THE PROCESS OF TAKING OWNERSHIP OF A
 HORSE TO IMPORT, EXPORT,  SELL,  OFFER  TO  SELL  OR  BARTER,  TRANSFER,
 PURCHASE,  POSSESS,  TRANSPORT,  DELIVER,  RECEIVE,  GIVE AWAY, HOLD, OR
 ACCEPT, OR DIRECT ANOTHER PERSON TO IMPORT, EXPORT, SELL, OFFER TO  SELL
 OR  BARTER,  TRANSFER,  PURCHASE,  POSSESS, TRANSPORT, DELIVER, RECEIVE,
 GIVE AWAY, HOLD, OR ACCEPT A HORSE, IF SUCH PERSON KNOWS OR SHOULD  HAVE
 KNOWN  THAT  ANY  PART  OF  SUCH  HORSE WILL BE USED FOR HUMAN OR ANIMAL
 CONSUMPTION.
   3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT  SHALL  BE  UNLAWFUL
 FOR  ANY  PERSON  WHO  OWNS  OR IS IN THE PROCESS OF TAKING OWNERSHIP OF
 HORSEFLESH TO IMPORT, EXPORT, SELL, OFFER TO SELL OR  BARTER,  TRANSFER,
 PURCHASE,  POSSESS,  TRANSPORT,  DELIVER,  RECEIVE,  GIVE AWAY, HOLD, OR
 ACCEPT, OR DIRECT ANOTHER PERSON TO IMPORT, EXPORT, SELL, OFFER TO  SELL
 OR  BARTER,  TRANSFER,  PURCHASE,  POSSESS, TRANSPORT, DELIVER, RECEIVE,
 GIVE AWAY, HOLD, OR ACCEPT HORSEFLESH, IF SUCH PERSON  KNOWS  OR  SHOULD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06575-03-3

 S. 2163--A                          2
 
 HAVE  KNOWN  THAT  SUCH  HORSEFLESH  WILL  BE  USED  FOR HUMAN OR ANIMAL
 CONSUMPTION.
   4. FOR THE PURPOSES OF THIS SECTION:
   (A)  THE  TERM "HORSE" SHALL INCLUDE ALL MEMBERS OF THE EQUINE FAMILY,
 INCLUDING HORSES, PONIES, DONKEYS, MULES, ASSES AND BURROS;
   (B) THE TERM "HORSEFLESH" SHALL  MEAN  THE  FLESH  OF  A  DEAD  HORSE,
 INCLUDING THE ANIMAL'S VISCERA, SKIN, HIDE, HOOVES, AND BONES;
   (C)  THE TERM "PERSON" SHALL MEAN AN INDIVIDUAL, CORPORATION, PARTNER-
 SHIP, TRUST, ASSOCIATION OR OTHER LEGAL ENTITY; AND
   (D) THE TERM "SLAUGHTER" SHALL MEAN THE INTENTIONAL KILLING, OR HAVING
 ANOTHER KILL A HORSE IF SUCH PERSON KNOWS THAT THE PURPOSE OF SUCH KILL-
 ING IS USING ANY PART OF SUCH HORSE FOR HUMAN OR ANIMAL CONSUMPTION.
   5. A VIOLATION OF THIS SECTION IS A MISDEMEANOR PUNISHABLE BY  A  FINE
 OF  NOT  MORE THAN ONE THOUSAND DOLLARS PER EACH HORSE FOR AN INDIVIDUAL
 PERSON, AND UP TO TWO THOUSAND FIVE HUNDRED DOLLARS PER EACH 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 EACH HORSE FOR AN INDIVIDUAL PERSON, AND UP TO FIVE THOUSAND
 DOLLARS PER EACH HORSE FOR A CORPORATION, ASSOCIATION, OR OTHER ENTITY.
   6. THE PROVISIONS OF THIS SECTION SHALL BE IN ADDITION TO, AND NOT  IN
 LIEU  OF,  ANY  OTHER LAWS PROTECTING ANIMAL WELFARE. THIS SECTION SHALL
 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.  NOTHING IN  THIS
 SECTION  SHALL  PROHIBIT A PERSON FROM OTHERWISE LAWFUL DISPOSITION OF A
 DECEASED HORSE OR ANY PART OF SUCH HORSE.
   7. IF ANY PROVISION OF THIS SECTION, OR THE APPLICATION THEREOF TO ANY
 PERSON OR CIRCUMSTANCES, IS HELD INVALID OR UNCONSTITUTIONAL, SUCH INVA-
 LIDITY 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 SUCH END THE
 PROVISIONS OF THIS SECTION SHALL BE SEVERABLE.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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The New York State Senate

senate Bill S2163A

Sponsored By

Current Bill Status - In Senate Committee Agriculture Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S2163 - Details

S2163 - Summary

S2163 - Sponsor Memo

S2163 - Bill Text download pdf

Co-Sponsors

S2163A (ACTIVE) - Details

S2163A (ACTIVE) - Summary

S2163A (ACTIVE) - Sponsor Memo

S2163A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2163A

Share this bill

Sponsored By

Joseph P. Addabbo Jr

Current Bill Status - In Senate Committee Agriculture Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

Anthony H. Palumbo

S2163 - Details

S2163 - Summary

S2163 - Sponsor Memo

S2163 - Bill Text download pdf

Co-Sponsors

Anthony H. Palumbo

S2163A (ACTIVE) - Details

S2163A (ACTIVE) - Summary

S2163A (ACTIVE) - Sponsor Memo

S2163A (ACTIVE) - Bill Text download pdf

Comments