NY State Senate Bill 2019-S2724B

Senate Bill S2724B

2019-2020 Legislative Session

Prohibits any person from transporting or selling a nonambulatory animal unless such animal is humanely euthanized

download bill text pdf

Archive: Last Bill Status - In Senate Committee Domestic Animal Welfare 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to domestic animal welfare
Jun 20, 2019	recommitted to rules
Jun 12, 2019	amended on third reading 2724b
May 30, 2019	amended on third reading (t) 2724a
May 30, 2019	ordered to third reading cal.999 committee discharged and committed to rules
Jan 29, 2019	referred to domestic animal welfare

Votes

- May 30, 2019 - Rules Committee Vote
  S2724B
  
  12
  
  Aye
  
  6
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 30, 2019
      
      aye (12)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      Martinez
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (6)
      
      Flanagan
      
      Griffo
      
      Lanza
      
      Little
      
      Robach
      
      Seward
      
      excused (1)
      
      LaValle

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2019-S2724 - Details

See Assembly Version of this Bill:: A5711
Current Committee:: Senate Domestic Animal Welfare
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §357-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S751, A5512
2011-2012: S427, A4615
2013-2014: S3439, A5490
2015-2016: S2783, A2222
2017-2018: S4169, A6613
2021-2022: S939
2023-2024: S590

2019-S2724 - Summary

Prohibits any person from transporting, holding, buying, selling, giving, receiving or marketing a nonambulatory animal unless such animal is first humanely euthanized without undue delay from the time that such animal becomes nonambulatory; makes certain exceptions; provides violation provisions; and defines relevant terms.

2019-S2724 - Sponsor Memo

                                
 
BILL NUMBER: S2724

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to nonambu-
latory animals

 
PURPOSE OF BILL:

This bill provides for the humane treatment of nonambulatory domestic
animals with respect to transport, veterinary care, and euthanasia.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill amends the Agriculture and Markets Law by adding
a new § 357-a to provide that no individual shall buy, sell, give,
transfer or transport a nonambulatory animal unless proper veterinary
treatment has been administered.

A nonambulatory animal is defined as any domestic animal that is raised

for commercial or subsistence purposes and that is unable to stand and
walk without assistance.

The section also defines terms including 'humanely euthanized' which has
been amended in the A print to clarify that chemical means is restricted
to the use of pentobarbital solution in an overdose concentration- that
immediately renders the animal unconscious until death.

However, a nonambulatory animal may be temporarily held or humanely
transported, where the animal becomes nonambulatory on the property of a
farmer who has bred or raised the animal, for the purposes of adminis-
tering veterinary treatment. A nonambulatory animal must be handled
humanely and at no time shall the animal be dragged, pushed with a trac-
tor, forklift or other equipment.

Any individual who violates the provisions 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 $2500, or by both. The commissioner
shall promulgate rules and regulations to carry out the provisions of
this section.

Section 2 is the effective date.

 
JUSTIFICATION:

This proposal would amend the Agriculture and Markets law to provide
that a nonambulatory 'downed" animal be givers appropriate veterinary
care or be humanely euthanized. All too often downed animals are left to
suffer until it is convenient to take them to slaughter. In many cases,
the animals die of neglect or are moved by the easiest but least humane
ways. Often they are dragged or pushed with tractors and forklifts which
may cause additional injuries ranging from bruises and abrasions to torn
ligaments and broken bones. This legislation would ensure the humane
treatment of animals while they are being transported to a slaughter-
house or auction. Animals that are unable to walk due to illness or
injury endure extreme pain and suffering, which becomes even more acute
when they are inhumanely transported.

In addition to the important humane facets of this proposal, it is
important to note that this legislation prevents the nonambulatory
animal from entering the nations food supply.

 
LEGISLATIVE HISTORY:

2005-2006:  S.5735/ NSA Agriculture comm.
2007-2008:  S.3352/A.10564 - Englebright Ag Comm
2009-2010:  S.751/A.5512 - Englebright Ag Comm
2011-2012:  S.427/A.4615 - Englebright Ag Comm
2013-2014:  S.3439A/A.5490A - Englebright AG Comm
2015-2016:  S.2783/A.2222 - Englebright Ag Comm
2017-2018:  S.4169/A.6613 - Englebright Ag Comm

 
EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have become a
law.

2019-S2724 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2724
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by Sens. KRUEGER, ADDABBO, BAILEY, HOYLMAN, MARTINEZ, STAVI-
   SKY -- read twice and ordered printed, and when printed to be  commit-
   ted to the Committee on Domestic Animal Welfare
 
 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  THE USE OF PENTOBARBITAL SOLUTION IN AN OVERDOSE CONCENTRATION, THAT
 IMMEDIATELY RENDERS THE ANIMAL UNCONSCIOUS, WITH  COMPLETE  UNCONSCIOUS-
 NESS 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 A SLING, STONEBOAT, OR ON OTHER SLED-LIKE OR WHEELED CONVEY-
 ANCES. IN NO EVENT SHALL A NONAMBULATORY ANIMAL BE DRAGGED, PUSHED  WITH
 A  TRACTOR,  FORKLIFT, OR OTHER EQUIPMENT, LIFTED, UNLESS WITH FULL BODY
 SUPPORT, OR OTHERWISE MOVED INHUMANELY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06763-01-9

 S. 2724                             2
 
   (F) "VETERINARY TREATMENT" MEANS THAT A  LICENSED  VETERINARIAN  SHALL
 DETERMINE  WHETHER  A NONAMBULATORY ANIMAL REQUIRES MEDICAL ATTENTION OR
 REHABILITATION, OR HUMANE EUTHANASIA.
   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.
   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.

co-Sponsors

View additional co-sponsors

2019-S2724A - Details

See Assembly Version of this Bill:: A5711
Current Committee:: Senate Domestic Animal Welfare
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §357-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S751, A5512
2011-2012: S427, A4615
2013-2014: S3439, A5490
2015-2016: S2783, A2222
2017-2018: S4169, A6613
2021-2022: S939
2023-2024: S590

2019-S2724A - Summary

2019-S2724A - Sponsor Memo

                                
 
BILL NUMBER: S2724A

SPONSOR: KRUEGER
 
TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to nonambulatory animals

 
PURPOSE OF BILL:

This bill provides for the humane treatment of nonambulatory domestic
animals with respect to transport, veterinary care, and euthanasia.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill amends the Agriculture and Markets Law by adding
a new § 357-a to provide that no individual shall transport or hold,
buy, sell, give, receive, or market a nonambulatory animal for human or
animal consumption.

A nonambulatory animal is defined as any domestic animal that is raised
for commercial or subsistence purposes and that is unable to stand and
walk without assistance.

The section also defines terms including 'humanely euthanize' which
Specifies that chemical means is restricted to the use of pentobarbital
solution in an overdose concentration- that immediately renders the
animal unconscious until death.

However, a nonambulatory animal may be temporarily held or humanely
transported, where the animal becomes nonambulatory on the property of a
farmer who has bred or raised the animal, for the purposes of adminis-
tering veterinary treatment. A nonambulatory animal must be handled
humanely and at no time shall the animal be dragged, pushed with a trac-
tor, forklift or other equipment.

Any individual who violates the provisions 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 $2500, or by both. The commissioner
shall promulgate rules and regulations to carry out the provisions of
this section.

Section 2 is the effective date.

 
JUSTIFICATION:

This proposal would amend the Agriculture and Markets law to provide
that a nonambulatory 'downed" animal be given appropriate veterinary
care or be humanely euthanized. All too often downed animals are left to
suffer until it is convenient to take them to slaughter. In many cases,
the animals die of neglect or are moved by the easiest but least humane
ways. Often they are dragged or pushed with tractors and forklifts which
may cause additional injuries ranging from bruises and abrasions to torn
ligaments and broken bones. This legislation would ensure the humane
treatment of animals while they are being transported to a slaughter-
house or auction. Animals that are unable to walk due to illness or
injury endure extreme pain and suffering, which becomes even more acute
when they are inhumanely transported.



In addition to the important humane facets of this proposal, it is
important to note that this legislation prevents the nonambulatory
animal from entering the nations food supply.

 
LEGISLATIVE HISTORY:

2005-2006: S.5735/.NSA Agriculture comm.
2007-2008: S.3352/A.10564 - Englebright Ag Comm
2009-2010: S.751/A.5512 - Englebright Ag Comm
2011-2012: S.427/A.4615 - Englebright Ag Comm
2013-2014: S.3439A/A.5490A - Englebright AG Comm
2015-2016: S.2783/A.2222 - Englebright Ag Comm
2017-2018: S.4169/A.6613 - Englebright Ag Comm

 
EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have become a
law.

2019-S2724A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2724--A
     Cal. No. 999
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by Sens. KRUEGER, ADDABBO, BAILEY, HOYLMAN, MARTINEZ, STAVI-
   SKY -- read twice and ordered printed, and when printed to be  commit-
   ted   to  the  Committee  on  Domestic  Animal  Welfare  --  committee
   discharged and said bill  committed  to  the  Committee  on  Rules  --
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 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 THE USE OF PENTOBARBITAL SOLUTION IN AN OVERDOSE CONCENTRATION,  THAT
 IMMEDIATELY  RENDERS  THE ANIMAL UNCONSCIOUS, WITH COMPLETE UNCONSCIOUS-
 NESS 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 A SLING, STONEBOAT, OR ON OTHER SLED-LIKE OR WHEELED  CONVEY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD06763-02-9

 S. 2724--A                          2
 
 ANCES.  IN NO EVENT SHALL A NONAMBULATORY ANIMAL BE DRAGGED, PUSHED WITH
 A TRACTOR, FORKLIFT, OR OTHER EQUIPMENT, LIFTED, UNLESS WITH  FULL  BODY
 SUPPORT, OR OTHERWISE MOVED INHUMANELY.
   (F)  "VETERINARY  TREATMENT"  MEANS THAT A LICENSED VETERINARIAN SHALL
 DETERMINE WHETHER A NONAMBULATORY ANIMAL REQUIRES MEDICAL  ATTENTION  OR
 REHABILITATION, OR HUMANE EUTHANASIA.
   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.

co-Sponsors

View additional co-sponsors

2019-S2724B (ACTIVE) - Details

See Assembly Version of this Bill:: A5711
Current Committee:: Senate Domestic Animal Welfare
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §357-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S751, A5512
2011-2012: S427, A4615
2013-2014: S3439, A5490
2015-2016: S2783, A2222
2017-2018: S4169, A6613
2021-2022: S939
2023-2024: S590

2019-S2724B (ACTIVE) - Summary

2019-S2724B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2724B

SPONSOR: KRUEGER
 
TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to nonambulatory animals

 
PURPOSE OF BILL:

This bill provides for the humane treatment of nonambulatory domestic
animals with respect to transport, veterinary care, and euthanasia.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill amends the Agriculture and Markets Law by adding
a new § 357-a to provide that no individual shall transport or hold,
buy, sell, give, receive, or market a nonambulatory animal for human or
animal consumption.

A nonambulatory animal is defined as any domestic animal that is raised
for commercial or subsistence purposes and that is unable to stand and
walk without assistance.

The section also defines terms including 'humanely euthanize' which
Includes that chemical means may be used in an overdose concentration-
that immediately renders the animal unconscious until death.

However, a nonambulatory animal may be temporarily held or humanely
transported, where the animal becomes nonambulatory on the property of a
farmer who has bred or raised the animal, for the purposes of adminis-
tering veterinary treatment. A nonambulatory animal must be handled
humanely and at no time shall the animal be dragged, pushed with a trac-
tor, forklift or other equipment.

Any individual who violates the provisions 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 $2500, or by both. The commissioner
shall promulgate rules and regulations to carry out the provisions of
this section.

Section 2 is the effective date.

 
JUSTIFICATION:

This proposal would amend the Agriculture and Markets law to provide
that a nonambulatory 'downed" animal be given appropriate veterinary
care or be humanely euthanized. All too often downed animals are left to
suffer until it is convenient to take them to slaughter. In many cases,
the animals die of neglect or are moved by the easiest but least humane
ways. Often they are dragged or pushed with tractors and forklifts which
may cause additional injuries ranging from bruises and abrasions to torn
ligaments and broken bones. This legislation would ensure the humane
treatment of animals while they are being transported to a slaughter-
house or auction. Animals that are unable to walk due to illness or
injury endure extreme pain and suffering, which becomes even more acute
when they are inhumanely transported.

In addition to the important humane facets of this proposal, it is
important to note that this legislation prevents the nonambulatory
animal from entering the nations food supply.
 
LEGISLATIVE HISTORY:

2005-2006: S.5735/.NSA Agriculture comm.
2007-2008: S.3352/A.10564 - Englebright Ag Comm
2009-2010: S.751/A.5512 - Englebright Ag Comm
2011-2012: S.427/A.4615 - Englebright Ag Comm
2013-2014: S.3439A/A.5490A - Englebright AG Comm
2015-2016: S.2783/A.2222 - Englebright Ag Comm
2017-2018: S.4169/A.6613 - Englebright Ag Comm

 
EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have become a
law.

2019-S2724B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2724--B
     Cal. No. 999
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by Sens. KRUEGER, ADDABBO, BAILEY, HOYLMAN, MARTINEZ, STAVI-
   SKY -- read twice and ordered printed, and when printed to be  commit-
   ted   to  the  Committee  on  Domestic  Animal  Welfare  --  committee
   discharged and said bill  committed  to  the  Committee  on  Rules  --
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading -- again amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD06763-04-9

 S. 2724--B                          2
 
 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,
 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.

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Senate Bill S2724B

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Sponsored By

Archive: Last Bill Status - In Senate Committee Domestic Animal Welfare Committee

Bill Amendments

co-Sponsors

2019-S2724 - Details

2019-S2724 - Summary

2019-S2724 - Sponsor Memo

2019-S2724 - Bill Text download pdf

co-Sponsors

2019-S2724A - Details

2019-S2724A - Summary

2019-S2724A - Sponsor Memo

2019-S2724A - Bill Text download pdf

co-Sponsors

2019-S2724B (ACTIVE) - Details

2019-S2724B (ACTIVE) - Summary

2019-S2724B (ACTIVE) - Sponsor Memo

2019-S2724B (ACTIVE) - Bill Text download pdf

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