S T A T E   O F   N E W   Y O R K
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                                  3736

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. GLICK -- Multi-Sponsored by -- M. of A. DINOWITZ,
  FARRELL,  GOTTFRIED, McENENY, PHEFFER -- read once and referred 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 380 to read as follows:
  S  380.  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 SELL, OFFER TO SELL OR BARTER,  GIVE  AWAY,  PURCHASE,
POSSESS,  TRANSPORT,  DELIVER,  OR  RECEIVE ANY HORSE WITH THE INTENT OF
SLAUGHTERING OR HAVING ANOTHER  PERSON  SLAUGHTER  SUCH  HORSE  IF  SUCH
PERSON  KNOWS  OR SHOULD KNOW THAT ANY OF THE HORSEFLESH IS INTENDED FOR
HUMAN CONSUMPTION.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT  SHALL  BE  UNLAWFUL
FOR  ANY  PERSON  TO  SELL,  BARTER, OFFER TO SELL OR BARTER, GIVE AWAY,
PURCHASE, POSSESS, TRANSPORT, DELIVER, OR  RECEIVE  HORSEFLESH  IF  SUCH
PERSON  KNOWS OR SHOULD KNOW THAT ANY OF THE HORSEFLESH WILL BE USED FOR
HUMAN CONSUMPTION.
  4. 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.
  5.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
FOR ANY PERSON TO IMPORT INTO OR  EXPORT  FROM  THIS  STATE,  HORSEFLESH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04532-01-9
              

A. 3736                             2

WHERE  SUCH PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSEFLESH IS INTENDED
FOR HUMAN CONSUMPTION.
  6.  IT  SHALL  BE  UNLAWFUL  TO  OFFER  HORSEFLESH  FOR SALE 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.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.