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

                                 372--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. ROSENTHAL, PAULIN, KAVANAGH, ROBINSON, GOTTFRIED,
  ENGLEBRIGHT,  DINOWITZ,  ORTIZ, STECK, BROOK-KRASNY, WEPRIN, COLTON --
  Multi-Sponsored by -- M. of A.  CUSICK,  GLICK,  HEVESI,  MALLIOTAKIS,
  MONTESANO, MOSLEY, SCHIMEL, THIELE, TITUS -- read once and referred 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  the
  confinement of animals for food producing purposes

  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 353-g to read as follows:
  S  353-G.  CONFINEMENT OF ANIMALS FOR FOOD PRODUCING PURPOSES. 1.  FOR
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
MEANINGS:
  (A)  "CALF  RAISED FOR VEAL" MEANS ANY CALF OF THE BOVINE SPECIES KEPT
FOR THE PURPOSE OF PRODUCING THE FOOD PRODUCT DESCRIBED AS VEAL.
  (B) "COVERED ANIMALS" MEANS ANY PIG DURING PREGNANCY, CALF RAISED  FOR
VEAL, OR EGG-LAYING HEN WHO IS KEPT ON A FARM.
  (C)  "EGG-LAYING  HEN"  MEANS ANY FEMALE DOMESTICATED CHICKEN, TURKEY,
DUCK, GOOSE, OR GUINEA FOWL KEPT FOR THE PURPOSE OF EGG PRODUCTION.
  (D) "ENCLOSURE" MEANS ANY CAGE, CRATE, OR OTHER  STRUCTURE  (INCLUDING
WHAT  IS  COMMONLY  DESCRIBED  AS  A "GESTATION CRATE" FOR PIGS, A "VEAL
CRATE" FOR CALVES, OR A "BATTERY CAGE"  FOR  EGG-LAYING  HENS)  USED  TO
CONFINE A COVERED ANIMAL.
  (E)  "FARM"  MEANS  THE  LAND, BUILDING, SUPPORT FACILITIES, AND OTHER
EQUIPMENT  THAT  ARE  WHOLLY  OR  PARTIALLY  USED  FOR  THE   COMMERCIAL
PRODUCTION  OF  ANIMALS  OR  ANIMAL PRODUCTS USED FOR FOOD OR FIBER, AND
DOES NOT INCLUDE LIVE ANIMAL MARKETS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04049-03-5
              

A. 372--A                           2

  (F) "FULLY EXTENDING ITS LIMBS" MEANS FULLY EXTENDING ALL LIMBS  WITH-
OUT  TOUCHING  THE  SIDE  OF  AN  ENCLOSURE,  INCLUDING,  IN THE CASE OF
EGG-LAYING HENS, FULLY SPREADING BOTH WINGS WITHOUT TOUCHING THE SIDE OF
AN ENCLOSURE OR OTHER EGG-LAYING HENS.
  (G)  "PERSON"  MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, ASSOCI-
ATION, OR OTHER LEGAL ENTITY.
  (H) "PIG DURING PREGNANCY" MEANS  ANY  PREGNANT  PIG  OF  THE  PORCINE
SPECIES KEPT FOR THE PRIMARY PURPOSE OF BREEDING.
  (I) "TURNING AROUND FREELY" MEANS TURNING IN A COMPLETE CIRCLE WITHOUT
ANY  IMPEDIMENT, INCLUDING A TETHER, AND WITHOUT TOUCHING THE SIDE OF AN
ENCLOSURE.
  2. IT SHALL BE UNLAWFUL FOR  ANY  PERSON  TO  TETHER  OR  CONFINE  ANY
COVERED ANIMAL, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, ON A FARM
FOR  ALL  OR  THE  MAJORITY  OF  ANY DAY, IN A MANNER THAT PREVENTS SUCH
ANIMAL FROM LYING DOWN, STANDING UP AND FULLY EXTENDING  ITS  LIMBS  AND
TURNING AROUND FREELY.
  3.  THIS  SECTION  SHALL  NOT  APPLY  DURING  THE  FOLLOWING  LAWFULLY
PERFORMED ACTIVITIES:
  (A) TRANSPORTATION,
  (B) EXHIBITIONS AT RODEOS, FAIRS, YOUTH PROGRAMS, AND SIMILAR  EXHIBI-
TIONS,
  (C) SLAUGHTERING PROCESS,
  (D) SCIENTIFIC OR AGRICULTURAL RESEARCH,
  (E) EXAMINATION, TESTING, INDIVIDUAL TREATMENT OR OPERATION FOR VETER-
INARY PURPOSES,
  (F)  TO  A PIG DURING THE SEVEN-DAY PERIOD PRIOR TO THE PIG'S EXPECTED
DATE OF GIVING BIRTH.
  4. A VIOLATION OF THE PROVISIONS OF THIS SECTION IS A CLASS  A  MISDE-
MEANOR  PUNISHABLE  BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR,
OR BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS, OR BY  BOTH  SUCH  FINE
AND IMPRISONMENT.
  5.  NOTHING  CONTAINED  IN  THIS SECTION SHALL PREVENT ANY TOWN, CITY,
VILLAGE OR COUNTY IN NEW YORK STATE FROM ENACTING A LOCAL LAW  OR  ORDI-
NANCE  TO  PROVIDE FOR THE HUMANE TREATMENT OF AND PREVENTION OF CRUELTY
TO FARM ANIMALS, PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL CONFLICT WITH
THE PROVISIONS OF THIS SECTION.
  6. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO REDUCE  THE
PROTECTION  AFFORDED  TO  FARM  ANIMALS  UNDER ANY OTHER SECTION OF THIS
ARTICLE OR ANY OTHER LAW OR REGULATION. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO LIMIT OR RESTRICT AGENTS OR OFFICERS OF SOCIETIES  FOR  THE
PREVENTION  OF CRUELTY TO ANIMALS OR THE POLICE FROM ENFORCING THE OTHER
PROVISIONS OF THIS ARTICLE OR ANY OTHER LAW OR  REGULATION  RELATING  TO
THE HUMANE TREATMENT OF OR CRUELTY TO ANIMALS.
  7. THIS SECTION SHALL BE ENFORCED BY THE DEPARTMENT, AND ANY AGENT AND
OFFICER  OF  ANY DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY
TO ANIMALS MAY ISSUE AN APPEARANCE TICKET PURSUANT TO SECTION 150.20  OF
THE  CRIMINAL PROCEDURE LAW, SUMMONS OR ARREST, AND BRING BEFORE A COURT
OR MAGISTRATE HAVING JURISDICTION, ANY PERSON OFFENDING AGAINST  ANY  OF
THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect twenty-four months after it shall have
become a law.