NY State Senate Bill 2009-S3178

Archive: Last Bill Status - In Senate Committee Consumer Protection 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Mar 12, 2009	referred to consumer protection

2009-S3178 (ACTIVE) - Details

See Assembly Version of this Bill:: A3736
Current Committee:: Senate Consumer Protection
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §380, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3504
2013-2014: A3905
2015-2016: A4404
2017-2018: A4012
2019-2020: A1102

2009-S3178 (ACTIVE) - 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 consumption; and 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 intended for human consumption; and provides penalties for violation.

2009-S3178 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3178

 TITLE OF BILL :

An act to amend the agriculture and markets law, in relation to
prohibiting the slaughtering of horses for human consumption


 PURPOSE :

The amend the agriculture and markets law by adding a new section 380,
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 380. This section will make it unlawful to slaughter a horse
for human consumption. It shall be unlawful to purchase, trade, offer,
transport or export a horse with the intent of it being slaughtered
for human consumption. The term horse, includes all members of the
equine family, including horses, ponies, donkeys, mules, asses, and
burros. 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. In lieu of criminal prosecution, a
civil penalty of up to one thousand dollars may be imposed on an
individual, five thousand on a corporation for the first violation.

Subsequent violations shall be punishable by fines up to twenty-five
thousand dollars.

 JUSTIFICATION :

More than 49,000 horses were slaughtered in the United States in 2003,
according to the U.S. Department of Agriculture, an alarming 16%
increase over the previous year. The vast majority of these horses are
being slaughtered for human consumption abroad. The number of American
horses going to slaughter has increased significantly given European
and Japanese concerns about mad cow disease and the subsequent desire
to find "safer" sources of meat.

Pet horses, work horses, 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.

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 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 ensure
that such cruelty and blatant disregard of one of America's most
majestic and noble creatures will no longer be tolerated in New York
State.

 LEGISLATIVE HISTORY :

S.1462/A.2572 of 2007-08, passed Senate; S.1788 of 2005-06.

 FISCAL IMPLICATIONS :

None.

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

2009-S3178 (ACTIVE) - Bill Text download pdf

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

                                  3178

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 12, 2009
                               ___________

Introduced  by  Sen. PADAVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

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

S. 3178                             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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S3178

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2009-S3178 (ACTIVE) - Details

2009-S3178 (ACTIVE) - Summary

2009-S3178 (ACTIVE) - Sponsor Memo

2009-S3178 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3178

Share this bill

Sponsored By

Frank Padavan

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2009-S3178 (ACTIVE) - Details

2009-S3178 (ACTIVE) - Summary

2009-S3178 (ACTIVE) - Sponsor Memo

2009-S3178 (ACTIVE) - Bill Text download pdf

Comments