NY State Senate Bill 2015-S1082A

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to agriculture
Jun 01, 2015	print number 1082a
Jun 01, 2015	amend and recommit to agriculture
Jan 08, 2015	referred to agriculture

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S1082 - Details

See Assembly Version of this Bill:: A4404
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §380, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3736
2011-2012: A3504
2013-2014: S4615, A3905
2017-2018: S5846, A4012
2019-2020: S1497, A1102
2021-2022: S1537

2015-S1082 - 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.

2015-S1082 - Sponsor Memo

                                BILL NUMBER:S1082

TITLE OF BILL:

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

PURPOSE OR GENERAL IDEA OF BILL:

To amend the Agriculture and Markets Law by adding a new section 380,
to prohibit the slaughtering of horses for human consumption.

SUMMARY OF SPECIFIC 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,
import or export a horse or horse flesh, in any way 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.  The term horse flesh means any part of the
horse's body. 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.

JUSTIFICATION:

104,899 horses were slaughtered in the United States during 2006, the
last full year of horse slaughtering in the US, according to the
Government Accountability Office. In 2007, after Congressional
approval of an appropriations bill that included a rider prohibiting
the USDA from financing the inspection of horse meat, all US horse
slaughter facilities closed. From 2006 through 2010, US horse for
slaughter exports to Canada increased by 148%. In 2010, 137,984 horses
were exported to Canada for slaughter. The vast majority of these
horses are being slaughtered for human consumption abroad, mainly in
Europe and Japan. In 2011, that 2007 rider was removed by Congress in
an omnibus spending act. The door has potentially been re-opened for
horse slaughter within the United States as a horse meat plant in New
Mexico nears approval in 2013.

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 prohibit any person from slaughtering a horse where
such person knows or has reason to know that such horse will be used
for human consumption. Furthermore, it 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. This bill
also provides penalties for violations in an effort to 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.

PRIOR LEGISLATIVE HISTORY:

S4615/A3905 of 2013-2104, referred to Agriculture;
S3178/A3736 of 2009-2010, referred to Consumer Protection;
S1462/A2572 of 2007-2008, passed Senate;
S1788/A3584 of 2005-2006, passed Senate.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

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

2015-S1082 - Bill Text download pdf

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

                                  1082

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced by Sens. MARCHIONE, AVELLA -- 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 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.
                                                           LBD02476-01-5

S. 1082                             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.

co-Sponsors

2015-S1082A (ACTIVE) - Details

See Assembly Version of this Bill:: A4404
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §380, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3736
2011-2012: A3504
2013-2014: S4615, A3905
2017-2018: S5846, A4012
2019-2020: S1497, A1102
2021-2022: S1537

2015-S1082A (ACTIVE) - Summary

2015-S1082A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1082A

TITLE OF BILL:

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

PURPOSE:

To 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,
import or export a horse or horse flesh, in any way with the intent of
it being slaughtered for human consumption. It shall also be unlawful
to buy or sell at retail, trade, barter or offer horse flesh if there
is prior knowledge that the meat is intended for human consumption.
The term horse, includes all members of the equine family, including
horses, ponies, donkeys, mules, asses, and burros.  The term horse
flesh means any part of the horse's body. 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.

JUSTIFICATION:

104,899 horses were slaughtered in the United States during 2006, the
last full year of horse slaughtering in the US, according to the
Government Accountability Office. In 2007, after Congressional
approval of an appropriations bill that included a rider prohibiting
the USDA from financing the inspection of horse meat, all US horse
slaughter facilities closed. From 2006 through 2010, US horse for
slaughter exports to Canada increased by 148%. In 2010, 137,984 horses
were exported to Canada for slaughter. The vast majority of these
horses are being slaughtered for human consumption abroad, mainly in
Europe and Japan. In 2011, that 2007 rider was removed by Congress in
an omnibus spending act. The door has potentially been re-opened for
horse slaughter within the United States as a horse meat plant in New
Mexico nears approval in 2013.

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 prohibit any person from slaughtering a horse where
such person knows or has reason to know that such horse will be used
for human consumption. Furthermore, it 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. This bill
also provides penalties for violations in an effort to 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:

2013-2014: Referred to Agriculture
2011-2012: Referred to Agriculture
2009-10: Referred to Agriculture; Held for consideration
2007-08: Referred to Agriculture
2005-06: Referred to Codes; Passed Senate
2004: Referred to Agriculture

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

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

2015-S1082A (ACTIVE) - Bill Text download pdf

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

                                 1082--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced by Sens. MARCHIONE, AVELLA -- read twice and ordered printed,
  and  when  printed  to be committed 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 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 AT RETAIL, BARTER, OFFER TO  SELL  AT  RETAIL  OR
BARTER, GIVE AWAY, OR PURCHASE AT RETAIL, IF SUCH PERSON KNOWS OR SHOULD
KNOW THAT ANY OF THE HORSEFLESH WILL BE USED FOR HUMAN CONSUMPTION.
  4.  IT SHALL BE UNLAWFUL FOR ANY PERSON TO POSSESS HORSEFLESH WITH THE
INTENT TO SELL SUCH HORSEFLESH  AT  RETAIL  FOR  THE  PURPOSE  OF  HUMAN
CONSUMPTION.
  5.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
FOR ANY PERSON TO IMPORT INTO OR EXPORT FROM  THIS  STATE,  LIVE  HORSES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02476-03-5

S. 1082--A                          2

WHERE  SUCH  PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSE IS INTENDED FOR
SLAUGHTER FOR HUMAN CONSUMPTION.
  6.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
FOR ANY PERSON TO IMPORT INTO OR  EXPORT  FROM  THIS  STATE,  HORSEFLESH
WHERE  SUCH PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSEFLESH IS INTENDED
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.
  10. THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO, AND NOT IN LIEU
OF,  ANY  OTHER  LAWS PROTECTING ANIMAL WELFARE. THIS SECTION MAY NOT BE
CONSTRUED TO LIMIT ANY STATE LAW OR  RULES  PROTECTING  THE  WELFARE  OF
ANIMALS OR TO PREVENT A LOCAL GOVERNING BODY FROM ADOPTING AND ENFORCING
ITS OWN ANIMAL WELFARE LAWS AND REGULATIONS.
  11.  IF  ANY  PROVISION OF THIS SECTION, OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCES, IS HELD INVALID OR  UNCONSTITUTIONAL,  THAT
INVALIDITY  OR  UNCONSTITUTIONALITY SHALL NOT AFFECT OTHER PROVISIONS OR
APPLICATIONS OF THIS SECTION THAT CAN BE GIVEN EFFECT WITHOUT THE INVAL-
ID OR UNCONSTITUTIONAL PROVISION OR APPLICATION, AND  TO  THIS  END  THE
PROVISIONS OF THIS SECTION ARE SEVERABLE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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Senate Bill S1082A

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Bill Amendments

co-Sponsors

2015-S1082 - Details

2015-S1082 - Summary

2015-S1082 - Sponsor Memo

2015-S1082 - Bill Text download pdf

co-Sponsors

2015-S1082A (ACTIVE) - Details

2015-S1082A (ACTIVE) - Summary

2015-S1082A (ACTIVE) - Sponsor Memo

2015-S1082A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1082A

Share this bill

Sponsored By

Kathleen A. Marchione

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Bill Amendments

co-Sponsors

Tony Avella

2015-S1082 - Details

2015-S1082 - Summary

2015-S1082 - Sponsor Memo

2015-S1082 - Bill Text download pdf

co-Sponsors

Tony Avella

2015-S1082A (ACTIVE) - Details

2015-S1082A (ACTIVE) - Summary

2015-S1082A (ACTIVE) - Sponsor Memo

2015-S1082A (ACTIVE) - Bill Text download pdf

Comments