S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5711--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M. of A. ENGLEBRIGHT, L. ROSENTHAL -- Multi-Sponsored by
   -- M. of A.  GLICK, HEVESI, McDONOUGH -- 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 nonambu-
   latory animals
 
   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 357-a to read as follows:
   §  357-A.  NONAMBULATORY  ANIMALS. 1. DEFINITIONS. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PERSON" MEANS ANY INDIVIDUAL, CORPORATION,  PARTNERSHIP,  ASSOCI-
 ATION, MUNICIPALITY, OR OTHER LEGAL ENTITY;
   (B)  "NONAMBULATORY  ANIMAL" MEANS ANY DOMESTIC SHEEP, CATTLE OR SWINE
 THAT IS RAISED FOR COMMERCIAL OR SUBSISTENCE PURPOSES AND THAT IS UNABLE
 TO STAND AND WALK WITHOUT ASSISTANCE;
   (C) "HUMANELY EUTHANIZE" MEANS TO KILL AN ANIMAL BY A SINGLE BLOW OF A
 PENETRATING CAPTIVE BOLT OR GUN SHOT, OR BY CHEMICAL  MEANS,  RESTRICTED
 TO AN INJECTABLE DRUG OR DRUGS, THAT WILL RENDER THE ANIMAL UNCONSCIOUS,
 WITH COMPLETE UNCONSCIOUSNESS REMAINING UNTIL DEATH;
   (D)  "UNDUE  DELAY"  MEANS  ANY  DELAY BEYOND THAT WHICH IS REASONABLY
 NECESSARY TO CARRY  OUT  PROMPT,  HUMANE  EUTHANASIA  OR  TO  ADMINISTER
 PROMPT,  APPROPRIATE AND NECESSARY VETERINARY TREATMENT, OR TO CARRY OUT
 PROMPT, HUMANE HANDLING AND TRANSPORT OF THE NONAMBULATORY ANIMAL PURSU-
 ANT TO THIS SUBDIVISION AND SUBDIVISION THREE OF THIS SECTION;
   (E) "HUMANE HANDLING" MEANS THAT A NONAMBULATORY ANIMAL SHALL ONLY  BE
 MOVED  WITH FULL BODY SUPPORT. USE OF A SLING, STONEBOAT, OR OTHER SLED-
 LIKE OR WHEELED CONVEYANCES SHOULD  BE  USED  TO  MOVE  A  NONAMBULATORY
 ANIMAL  WHEREVER  POSSIBLE.  IN NO EVENT SHALL A NONAMBULATORY ANIMAL BE
 DRAGGED, PUSHED WITH A TRACTOR, FORKLIFT, OR  OTHER  EQUIPMENT,  LIFTED,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06763-05-9

 A. 5711--A                          2
 
 UNLESS  WITH  FULL  BODY  SUPPORT,  OR  OTHERWISE  MOVED  INHUMANELY FOR
 PURPOSES OF CONVENIENCE. IN THE  LIMITED  CIRCUMSTANCES  WHERE,  IN  THE
 COURSE  OF VETERINARY TREATMENT, THE VETERINARIAN MAKES A REASONABLE AND
 GOOD FAITH DETERMINATION THAT THE SAFEST AND MOST HUMANE WAY TO MOVE THE
 ANIMAL  IS  WITH  A TRACTOR OR OTHER EQUIPMENT, THIS IS PERMISSIBLE. HIP
 CLAMPS SHALL NOT BE USED TO MOVE A NONAMBULATORY ANIMAL. WHERE AN ANIMAL
 MUST BE LIFTED TO A STANDING POSITION AND NOT MOVED, THE USE  OF  A  HIP
 CLAMP  OR OTHER EQUIPMENT IS ALLOWED AFTER CONSULTING WITH A VETERINARI-
 AN. WHERE THE VETERINARIAN MAKES A REASONABLE AND  GOOD  FAITH  DETERMI-
 NATION  THAT THE SAFEST AND MOST HUMANE WAY TO LIFT THE ANIMAL IS WITH A
 HIP CLAMP OR OTHER EQUIPMENT, THIS IS PERMISSIBLE; AND
   (F) "VETERINARY TREATMENT" MEANS THAT A  LICENSED  VETERINARIAN  SHALL
 DETERMINE  WHETHER  A NONAMBULATORY ANIMAL REQUIRES MEDICAL ATTENTION OR
 REHABILITATION, OR HUMANE EUTHANASIA. A VETERINARIAN WITH AN ESTABLISHED
 VETERINARY CLIENT PATIENT RELATIONSHIP  WITH  A  FARM  SHALL  PROVIDE  A
 PROTOCOL FOR USE BY A FARMER TO ASSIST IN DETERMINING WHETHER A NONAMBU-
 LATORY  ANIMAL  REQUIRES  MEDICAL ATTENTION OR REHABILITATION, OR HUMANE
 EUTHANASIA. A PERSON SHALL FOLLOW THE PROTOCOL PROVIDED BY A VETERINARI-
 AN WHEN THE VETERINARIAN CANNOT  PROVIDE  VETERINARY  TREATMENT  WITHOUT
 UNDUE DELAY.
   2.  NO  PERSON SHALL TRANSPORT OR HOLD, EXCEPT AS PROVIDED IN SUBDIVI-
 SION THREE OF THIS SECTION, BUY, SELL, GIVE, RECEIVE, OR MARKET A NONAM-
 BULATORY ANIMAL FOR HUMAN OR ANIMAL CONSUMPTION.
   3. (A) A NONAMBULATORY ANIMAL MAY BE TRANSPORTED, PROVIDED SUCH TRANS-
 PORT IS IN COMPLIANCE WITH PARAGRAPH (E)  OF  SUBDIVISION  ONE  OF  THIS
 SECTION,  WHERE  THE  ANIMAL  BECOMES NONAMBULATORY ON THE PROPERTY OF A
 FARMER WHO HAS BRED OR RAISED THE ANIMAL, WITHOUT UNDUE DELAY  FROM  THE
 TIME  THE ANIMAL BECOMES NONAMBULATORY, TO ANOTHER LOCATION ON THAT SAME
 PROPERTY, SOLELY FOR THE PURPOSE OF ADMINISTERING TO THE  ANIMAL  APPRO-
 PRIATE AND NECESSARY VETERINARY TREATMENT.
   (B) A NONAMBULATORY ANIMAL MAY BE HELD ON THE PROPERTY OF A FARMER WHO
 HAS  BRED  OR  RAISED  THE  ANIMAL  FOR  A BRIEF PERIOD OF TIME WHICH IS
 REASONABLY NECESSARY TO OBTAIN VETERINARY TREATMENT OF THE NONAMBULATORY
 ANIMAL PURSUANT TO THIS SUBDIVISION. SUCH VETERINARY TREATMENT SHALL  BE
 ADMINISTERED WITHOUT UNDUE DELAY FROM THE TIME THE ANIMAL BECOMES NONAM-
 BULATORY.
   4.  UNDER NO CIRCUMSTANCES SHALL A NONAMBULATORY ANIMAL BE TRANSPORTED
 OR HELD FOR ANY PURPOSE OTHER THAN THAT PERMITTED IN THIS SECTION.
   5.  ANY PERSON WHO VIOLATES ANY PROVISION OF  THIS  SECTION  SHALL  BE
 GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT OF NOT MORE THAN ONE
 YEAR,  OR  BY A FINE OF NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS,
 OR BY BOTH SUCH FINE AND IMPRISONMENT. EACH DAY ON WHICH A VIOLATION  OF
 THIS  SECTION OCCURS AND EACH INSTANCE OF A PROHIBITED ACTION UNDER THIS
 SECTION SHALL CONSTITUTE A SEPARATE OFFENSE.
   6. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  TO  CARRY
 OUT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.