NY State Senate Bill 2019-S1497

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 08, 2020	referred to agriculture
Jan 15, 2019	referred to agriculture

co-Sponsors

2019-S1497 (ACTIVE) - Details

See Assembly Version of this Bill:: A1102
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §381, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3736
2011-2012: A3504
2013-2014: S4615, A3905
2015-2016: S1082, A4404
2017-2018: S5846, A4012
2021-2022: S1537

2019-S1497 (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.

2019-S1497 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1497

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to prohib-
iting 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
381. 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 horseflesh, 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 horseflesh 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 horseflesh means
any part of the horse's body. A violation of this law will be a misde-
meanor 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 Govern-
ment 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 facili-
ties closed. From 2006 through 2010, US horse for slaughter exports to
Canada increased by 148%. In 2010, 137,984 horses were exported to Cana-
da for slaughter. The vast majority of these horses are being slaugh-
tered 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:

01/06/16: S1082A REFERRED TO AGRICULTURE

05/03/17: S.5846 REFERRED TO AGRICULTURE

01/03/18: S.5846 REFERRED TO AGRICULTURE

02/20/18: S.5846 AMEND AND RECOMMIT TO AGRICULTURE

02/20/18: S.5846 PRINT NUMBER 5846A

 
FISCAL IMPLICATIONS:

None

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

2019-S1497 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1497
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by  Sens.  TEDISCO,  ADDABBO,  SEPULVEDA  --  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 381 to read as follows:
   § 381. 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
 WHERE  SUCH  PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSE IS INTENDED FOR
 SLAUGHTER FOR HUMAN CONSUMPTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05040-01-9

 S. 1497                             2
 
   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.
   § 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 S1497

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

2019-S1497 (ACTIVE) - Details

2019-S1497 (ACTIVE) - Summary

2019-S1497 (ACTIVE) - Sponsor Memo

2019-S1497 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1497

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Sponsored By

James Tedisco

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

Joseph P. Addabbo Jr.

Luis R. Sepúlveda

2019-S1497 (ACTIVE) - Details

2019-S1497 (ACTIVE) - Summary

2019-S1497 (ACTIVE) - Sponsor Memo

2019-S1497 (ACTIVE) - Bill Text download pdf

Comments