NY State Senate Bill 2019-S657

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 08, 2020	referred to agriculture
Jan 09, 2019	referred to agriculture

co-Sponsors

2019-S657 (ACTIVE) - Details

See Assembly Version of this Bill:: A752
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
2015-2016: S3999, A372
2017-2018: S4718, A1341
2021-2022: S6144, A475
2023-2024: S7611, A341

2019-S657 (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.

2019-S657 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S657

SPONSOR: BOYLE
 
TITLE OF BILL:

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

 
PURPOSE:

This bill phases out pig gestation crates, veal crates and hen battery
cages.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the agriculture and markets law by adding a new
section 353-g 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 previ-
ous 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.

Subdivision 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 forth 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 cannot 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.  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 provid-
er, 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. 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 Arizona voters banned both vote. In 2007, the Oregon
a2006,62-38% legislature banned gestation crates and in 2008, the Colo-
rado legislature banned both gestation crates and veal crates.  Califor-
nia voters recently 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.

 
LEGISLATIVE HISTORY:

2017-18 Referred to Agriculture
2015-16: A.372-A - Referred to Agriculture; S.3999 - Referred to Agri-
culture
2013-14: A.424 - Referred to Agriculture
2011-12: A.1928 - Referred to Agriculture
2009-10: A.8163 - Referred to Agriculture

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This bill shall take effect twenty-four months after it shall have
become a law.

2019-S657 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    657
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. BOYLE, 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  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:
   §  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02497-01-9

 S. 657                              2
 
   (G)  "PERSON"  MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, ASSOCI-
 ATION, OR OTHER LEGAL ENTITY.
   (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.
   § 2. This act shall take effect twenty-four months after it shall have
 become a law.

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Senate Bill S657

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

2019-S657 (ACTIVE) - Details

2019-S657 (ACTIVE) - Summary

2019-S657 (ACTIVE) - Sponsor Memo

2019-S657 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S657

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Sponsored By

Phil Boyle

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

Luis R. Sepúlveda

2019-S657 (ACTIVE) - Details

2019-S657 (ACTIVE) - Summary

2019-S657 (ACTIVE) - Sponsor Memo

2019-S657 (ACTIVE) - Bill Text download pdf

Comments