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This entry was published on 2021-12-03
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SECTION 382
Prohibition of the slaughter of race horses and race horse breeding stock
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 26
§ 382. Prohibition of the slaughter of race horses and race horse
breeding stock. 1. Notwithstanding any other provision of law, it shall
be unlawful for any person, corporation, association, or other entity to
slaughter or have another person, corporation, association, or other
entity slaughter a horse for a commercial purpose that such person,
corporation, association or other entity knows to have been a race horse
or race horse breeding stock.

2. Notwithstanding any other provision of law, it shall be unlawful
for any person, corporation, association, or other entity who owns or is
in the process of taking ownership of a race horse or race horse
breeding stock to import, export, sell, offer to sell or barter,
transfer, purchase, possess, transport, deliver, or receive, or direct
another person to import, export, sell, offer to sell or barter,
transfer, purchase, possess, transport, deliver, or receive a horse that
such person, corporation, association or other entity knows to be a race
horse or race horse breeding stock with the intent of slaughtering or
having another person, corporation, association, or other entity
slaughter such race horse or race horse breeding stock.

3. For the purposes of this section:

(a) "race horse" shall mean:

(i) a thoroughbred horse which meets or ever met the standards to be
eligible to race at any track licensed to operate pursuant to article
two of the racing, pari-mutuel wagering and breeding law; or

(ii) a standardbred horse which meets or ever met the standards to be
eligible to race at any track licensed to operate pursuant to article
three of the racing, pari-mutuel wagering and breeding law;

(b) "race horse breeding stock" shall mean: any mare or stallion used,
or intended to ever be used, to produce a foal that is intended to be
used as a race horse as defined in this subdivision, as well as the foal
bred by such a mare or stallion.

(c) "slaughter" shall mean the intentional killing, or having another
kill, a race horse or race horse breeding stock, if that person knows
that the purpose of such killing is using any part of such race horse or
race horse breeding stock for human or animal consumption. Nothing
herein shall prohibit a person from lawful disposition of a deceased
race horse or race horse breeding stock or any part of such horse or
stock.

4. (a) A violation of this section is a misdemeanor punishable by a
fine of not more than one thousand dollars per each race horse or race
horse breeding stock for an individual person and up to two thousand
five hundred dollars per each race horse or race horse breeding stock
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 race horse or race horse breeding stock for an
individual person and up to five thousand dollars per each race horse or
race horse breeding stock for a corporation, association, or other
entity.

(b) A violation of this section will subject any New York state gaming
commission license to the provisions of section two hundred twenty or
three hundred nine of the racing, pari-mutuel wagering and breeding law.

5. (a) Any and all fines collected pursuant to a violation involving a
thoroughbred horse shall be remitted to the New York state thoroughbred
breeding and development fund established pursuant to section two
hundred fifty-two of the racing, pari-mutuel wagering and breeding law,
and shall be deposited by that fund into a dedicated account to be spent
by the fund solely for the purpose of the care of retired race horses,
consistent with paragraph h of subdivision two of section two hundred
fifty-four of the racing, pari-mutuel wagering and breeding law.

(b) Any and all fines collected pursuant to a violation involving a
standardbred horse or race horse breeding stock shall be remitted to the
agriculture and New York state horse breeding development fund
established pursuant to section three hundred thirty of the racing,
pari-mutuel wagering and breeding law, and shall be deposited by that
fund into a dedicated account, to be spent by the fund solely for the
purpose of the care of retired race horses, consistent with paragraph j
of subdivision one of section three hundred thirty-two of the racing,
pari-mutuel wagering and breeding law.

6. Notwithstanding any other provision of law, each and every owner of
a race horse that has competed in New York state on or after January
first, two thousand twenty-two, or any other horse used for breeding
purposes in New York state on or after January first, two thousand
twenty-two, shall be liable for any violation of this section, unless
there is proper documentation of a transfer of ownership, and that
transfer must be to a party with no financial or familial relationship
to the owner.

7. Legal liability under this section for any race horse shall be
limited to the last individual or corporation in the chain of ownership
of said horse, as determined by notice to the breed registry as
referenced in section two hundred twenty-five of the racing, pari-mutuel
wagering and breeding law for that breed or other documentation of
ownership. Further, the purchaser or seller of any registered race horse
sold by a New York state resident or corporation who is a member of such
registry shall be required to provide notification of said sale to the
relevant breed registry in order to document ownership and protect
previous owners from liability under this section.

8. The commissioner shall develop a program, in cooperation with the
gaming commission, New York state thoroughbred breeding and development
fund, and the agriculture and New York state horse breeding development
fund to disseminate information about the provisions of this section to
horse owners, sellers, buyers and transporters including, but not
limited to farmers, recreational horse businesses, livestock and horse
dealers, horse rescue and aftercare organizations, renderers, animal
food producers, and any other organizations or businesses potentially
impacted by this section.