S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    341
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 6, 2023
                                ___________
 
 Introduced  by  M.  of A. L. ROSENTHAL, PAULIN, DINOWITZ, STECK, WEPRIN,
   ZEBROWSKI, COLTON, GONZALEZ-ROJAS -- Multi-Sponsored by --  M.  of  A.
   GLICK,  HEVESI, SIMON, THIELE -- read once and referred to the Commit-
   tee 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.
                                                            LBD00714-01-3
              

 A. 341                              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.