NY State Senate Bill 2015-S3999

Archive: Last Bill Status - In Senate Committee Agriculture 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to agriculture
Feb 25, 2015	referred to agriculture

co-Sponsors

2015-S3999 (ACTIVE) - Details

See Assembly Version of this Bill:: A372
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §353-g, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8163
2011-2012: A1928
2013-2014: A424
2017-2018: S4718, A1341
2019-2020: S657, A752
2021-2022: S6144, A475
2023-2024: S7611, A341

2015-S3999 (ACTIVE) - Summary

Pertains to confinement of animals for food producing purposes; prohibits any person to tether or confine any pig during pregnancy, calf raised for veal, or egg-laying hen who is kept 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; establishes that commission of such crime shall constitute a class A misdemeanor punishable by imprisonment for a period not to exceed one year and/or fine not to exceed $1,000.

2015-S3999 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3999

TITLE OF BILL:

An  act  to  amend  the  agriculture and markets law, in relation to the
confinement of animals for food producing purposes.

PURPOSE OR GENERAL IDEA OF BILL:

This bill will phase-out pig  gestation  crates,  veal  crates  and  hen
battery cages by 2015

SUMMARY OF SPECIFIC PROVISIONS:

Section  one  subdivision  one amends the agriculture and markets law by
adding a new section 353-6 that  defines  the  terms  employed  for  the
purposes  of  this  bill. Subdivision two would make it unlawful for any
person to confine any covered animal in a manner that prevents them from
lying down, standing up and fully extending its limbs and turning around
freely. Subdivision three lists exemptions to the rules set forth in the
previous subdivision.

Subdivision four would make any violation  of  the  provisions  of  this
section  a  Class  A misdemeanor. Subdivision five provides that nothing
contained in this section shall conflict with humane local laws.  Subdi-
vision six stipulates that nothing in  this  section  shall  reduce  the

protection  afforded  to  animals or the enforcement of such protection.
Subdivision five sets out the enforcement mechanism for this section.

Section two sets out the effective date.

JUSTIFICATION:

Harsh confinement within confinement crates and cages  deprives  calves,
pigs  and chickens of the ability to engage in natural behavior. Animals
confined in such  circumstances  experience  extensive  and  significant
physical and psychological trauma.

Nationwide,  about  one  million  calves raised for veal and six million
breeding sows (female pigs) suffer nearly their entire lives inside tiny
crates so small the animals can't even turn around. According the Humane
Society of the United States, veal factory farmers separate calves  from
their  mothers  within  the  first  few days of birth and cram them into
individual crates or stalls,  tethered  by  their  necks.  Inside  these
enclosures, the calves can barely move.

Breeding sows suffer under similar circumstances. Gestation crates board
pregnant  pigs for nearly their entire four-month pregnancy.  These tiny
metal crates are not even large enough for the pig to  move  or  perform
natural behaviors such as cleaning themselves or simply turning around.

Veal and pork producers nationally are already in the process of phasing
out veal and gestation crates. All veal producers have set a deadline of
2017  for  themselves  to phase out veal crates. In January 2007, Smith-
field, the nation's largest pork producers, announced  that  they  would
phase  out the confinement of pigs over the next decade and Cargill, the
nation's 8th biggest pork producers, has also stated that they are work-
ing on phasing out confinement.

The world's largest food-service provider, Compass group, is phasing out
cage shell eggs for all of its 8,000 U.S.  accounts.  This  announcement
followed  Bon  Appetit's  decision to phase out cage eggs for all of its
400 cafes, including major  corporate  clients  such  as  Yahoo,  Oracle
Corporation,  Cisco  Systems, Adidas, Best Buy, and Nordstrom, Cartwells
and Gukenheimer, some of the largest U.S. owned food service  companies,
made similar decisions.

Other  entities  such as Ben and Jerry's, AOL, Google, Chicago's Swedish
Covenant Hospital and Omni Hotels will not serve battery  cage  eggs  in
the food that they provide to workers, clients and guests. Finally, more
than  350 schools have enacted policies to eliminate or greatly decrease
their use of eggs from caged hens.

These self-imposed pledges are an excellent first step, but  the  indus-
try's  best  practices  should  be embraced across the board.   American
consumers  are  increasingly  demanding  the  humane  treatment  of  all
animals,  including those raised for food. New York State should rise to
meet this demand by bringing the practices of its agricultural  industry
into the modern era.

This  ban  is  not  without  precedent.  In  2002, Florida voters banned
gestation crates in a 55-45% vote. In 2006, Arizona voters  banned  both
gestation  crates  and veal crates in a 62-38% vote. In 2007, the Oregon
legislature banned gestation crates and in 2008, the  Colorado  legisla-
ture  banned  both  gestation crates and veal crates. Finally, this past
November, California voters passed Proposition 2 which banned  gestation
crates,  veal  crates and battery cages by a 63.5-36.5% vote. The entire
European Union has also banned both veal crates  and  gestation  crates,
effective 2007 and 2013, respectively.

PRIOR LEGISLATIVE HISTORY:

A.1928 of 2011-2012
A.8163 of 2009-2010

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect twenty-four months after it shall have become
a law.

2015-S3999 (ACTIVE) - Bill Text download pdf

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

                                  3999

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 25, 2015
                               ___________

Introduced  by  Sen.  BOYLE  -- 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  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.
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04049-02-5

S. 3999                             2

  (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.

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Senate Bill S3999

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

2015-S3999 (ACTIVE) - Details

2015-S3999 (ACTIVE) - Summary

2015-S3999 (ACTIVE) - Sponsor Memo

2015-S3999 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3999

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Sponsored By

Phil Boyle

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

Tony Avella

2015-S3999 (ACTIVE) - Details

2015-S3999 (ACTIVE) - Summary

2015-S3999 (ACTIVE) - Sponsor Memo

2015-S3999 (ACTIVE) - Bill Text download pdf

Comments