S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    386
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to  requir-
   ing the owner of any place or establishment where animals or fowls are
   slaughtered  or  butchered for food to reimburse costs associated with
   capture and return or rescue and rehabilitation of escaped 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 96-e-1 to read as follows:
   § 96-E-1. PENALTIES FOR ESCAPED ANIMALS AND FOWL. 1. FOR  PURPOSES  OF
 THIS  SECTION:  (A)  "ESCAPED ANIMAL" SHALL MEAN ANY ANIMAL OR FOWL THAT
 HAS BROKEN FREE AND FLED FROM CONFINEMENT OR CONTROL  BY  ANY  PLACE  OR
 ESTABLISHMENT  WHERE  ANIMALS  OR FOWLS ARE SLAUGHTERED OR BUTCHERED FOR
 FOOD AND ROAMS OFF THE PREMISES OF SUCH FACILITY; AND
   (B) "INDIVIDUAL ENGAGED IN  ANIMAL  RESCUE"  SHALL  MEAN  ANY  PRIVATE
 PERSON WHO BRINGS UNDER CONTROL ANY ESCAPED ANIMAL.
   2. IN INSTANCES WHERE ANY ANIMAL OR FOWL HAS ESCAPED FROM ANY PLACE OR
 ESTABLISHMENT  WHERE  ANIMALS  OR FOWLS ARE SLAUGHTERED OR BUTCHERED FOR
 FOOD, AS DEFINED BY THIS ARTICLE AND SUCH ANIMAL IS RECOVERED BY ANY LAW
 ENFORCEMENT OFFICER, PEACE OFFICER, AUTHORIZED ANIMAL  CONTROL  OFFICER,
 OR  INDIVIDUAL ENGAGED IN ANIMAL RESCUE AND DELIVERED BY SUCH PERSONS TO
 A MUNICIPAL ANIMAL CONTROL OR RESCUE FACILITY, THE  OWNER  OF  ANY  SUCH
 PLACE  OR  ESTABLISHMENT  SHALL  BE  LIABLE FOR THE REIMBURSEMENT OF ANY
 COSTS INCURRED BY THE MUNICIPALITY AND ANIMAL CONTROL  OR  LOCAL  HEALTH
 DEPARTMENT  ASSOCIATED  WITH  THE CAPTURE AND RETURN OF ESCAPED ANIMALS.
 FOR EACH INCIDENT INVOLVING AN ESCAPED ANIMAL, A CIVIL  PENALTY  OF  ONE
 THOUSAND DOLLARS SHALL BE ASSESSED WHICH SHALL BE DONATED TO THE MUNICI-
 PAL  OR  COUNTY SHELTER OF THE CITY OR COUNTY WHERE SUCH ANIMAL ESCAPED.
 IN LIEU OF CIVIL PENALTY, THE OWNER OF ANY PLACE  OR  ESTABLISHMENT  MAY
 RELINQUISH OWNERSHIP OF AN ESCAPED ANIMAL.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00758-01-3