S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7841
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 7, 2023
                                ___________
 
 Introduced  by  M. of A. EPSTEIN, SIMON -- read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the agriculture and market law, in relation to prohibit-
   ing the confinement of farm animals in a cruel manner
 
   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. FARM ANIMAL CRUELTY. 1. FOR THE PURPOSES OF THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "BREEDING PIG" MEANS ANY FEMALE PIG OF THE  PORCINE  SPECIES  KEPT
 FOR  THE  PURPOSE  OF  COMMERCIAL BREEDING WHO IS SIX MONTHS OR OLDER OR
 PREGNANT;
   (B) "BUSINESS OWNER OR OPERATOR" MEANS ANY PERSON WHO OWNS OR CONTROLS
 THE OPERATIONS OF A BUSINESS;
   (C) "CAGE-FREE HOUSING SYSTEM" MEANS AN INDOOR OR  OUTDOOR  CONTROLLED
 ENVIRONMENT FOR EGG-LAYING HENS WITHIN WHICH HENS ARE FREE TO ROAM UNRE-
 STRICTED;  ARE  PROVIDED  ENRICHMENTS THAT ALLOW THEM TO EXHIBIT NATURAL
 BEHAVIORS, INCLUDING, AT A MINIMUM, SCRATCH AREAS, PERCHES, NEST  BOXES,
 AND DUST BATHING AREAS; AND WITHIN WHICH FARM EMPLOYEES CAN PROVIDE CARE
 WHILE  STANDING  WITHIN  THE  HENS' USABLE FLOORSPACE. CAGE-FREE HOUSING
 SYSTEMS INCLUDE, TO THE EXTENT THEY COMPLY WITH THE REQUIREMENTS OF THIS
 SECTION, THE FOLLOWING:
   (I) MULTITIERED AVIARIES,  IN  WHICH  HENS  HAVE  ACCESS  TO  MULTIPLE
 ELEVATED  PLATFORMS THAT PROVIDE HENS WITH USABLE FLOORSPACE BOTH ON TOP
 OF AND UNDERNEATH THE PLATFORMS;
   (II) PARTIALLY SLATTED SYSTEMS, IN WHICH HENS HAVE ACCESS TO  ELEVATED
 FLAT PLATFORMS UNDER WHICH MANURE DROPS THROUGH THE FLOORING TO A PIT OR
 LITTER REMOVAL BELT BELOW;
   (III)  SINGLE-LEVEL  ALL-LITTER  FLOOR  SYSTEMS BEDDED WITH LITTER, IN
 WHICH HENS HAVE LIMITED OR NO ACCESS TO ELEVATED FLAT PLATFORMS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11479-01-3
              

 A. 7841                             2
 
   (IV) ANY FUTURE SYSTEMS THAT COMPLY  WITH  THE  REQUIREMENTS  OF  THIS
 SECTION;
   (D)  "CALF  RAISED FOR VEAL" MEANS ANY CALF OF THE BOVINE SPECIES KEPT
 FOR THE PURPOSE OF PRODUCING THE FOOD PRODUCT DESCRIBED AS VEAL;
   (E) "CONFINED IN A CRUEL MANNER" MEANS ANY ONE OF THE FOLLOWING ACTS:
   (I) CONFINING A COVERED ANIMAL IN A MANNER THAT  PREVENTS  THE  ANIMAL
 FROM  LYING  DOWN,  STANDING  UP, FULLY EXTENDING THE ANIMAL'S LIMBS, OR
 TURNING AROUND FREELY;
   (II) AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR,  CONFINING
 A  CALF RAISED FOR VEAL WITH LESS THAN FORTY-THREE SQUARE FEET OF USABLE
 FLOORSPACE PER CALF;
   (III) AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, CONFINING
 A BREEDING PIG WITH LESS THAN TWENTY-FOUR SQUARE FEET OF USABLE  FLOORS-
 PACE PER PIG; AND
   (IV)  AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, CONFINING
 AN EGG-LAYING HEN WITH LESS THAN THE AMOUNT OF USABLE FLOORSPACE PER HEN
 REQUIRED BY THE 2017 EDITION OF THE UNITED EGG PRODUCERS' ANIMAL HUSBAN-
 DRY GUIDELINES FOR U.S.  EGG-LAYING  FLOCKS:  GUIDELINES  FOR  CAGE-FREE
 HOUSING OR IN AN ENCLOSURE OTHER THAN A CAGE-FREE HOUSING SYSTEM;
   (F)  "COVERED ANIMAL" MEANS ANY CALF RAISED FOR VEAL, BREEDING PIG, OR
 EGG-LAYING HEN WHO IS KEPT ON A FARM;
   (G) "EGG-LAYING HEN" MEANS ANY FEMALE  DOMESTICATED  CHICKEN,  TURKEY,
 DUCK, GOOSE, OR GUINEAFOWL KEPT FOR THE PURPOSE OF EGG PRODUCTION;
   (H)  "ENCLOSURE" MEANS A STRUCTURE USED TO CONFINE A COVERED ANIMAL OR
 ANIMALS;
   (I) "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, ESTABLISHMENTS AT WHICH MANDATORY
 INSPECTION IS PROVIDED UNDER THE FEDERAL MEAT INSPECTION ACT (21  U.S.C.
 SEC.  601  ET SEQ.), OR OFFICIAL PLANTS AT WHICH MANDATORY INSPECTION IS
 MAINTAINED UNDER THE FEDERAL EGG PRODUCTS INSPECTION ACT (21 U.S.C. SEC.
 1031 ET SEQ.);
   (J) "FARM OWNER OR OPERATOR" MEANS ANY PERSON WHO OWNS OR CONTROLS THE
 OPERATIONS OF A FARM;
   (K) "FULLY EXTENDING THE ANIMAL'S LIMBS"  MEANS  FULLY  EXTENDING  ALL
 LIMBS WITHOUT TOUCHING THE SIDE OF AN ENCLOSURE, OR ANOTHER ANIMAL;
   (L)  "LIQUID  EGGS"  MEANS  EGGS  OF AN EGG-LAYING HEN BROKEN FROM THE
 SHELLS, INTENDED FOR HUMAN FOOD, WITH THE  YOLKS  AND  WHITES  IN  THEIR
 NATURAL  PROPORTIONS,  OR WITH THE YOLKS AND WHITES SEPARATED, MIXED, OR
 MIXED  AND  STRAINED.  LIQUID  EGGS  DO  NOT  INCLUDE  COMBINATION  FOOD
 PRODUCTS,  INCLUDING  PANCAKE MIXES, CAKE MIXES, COOKIES, PIZZAS, COOKIE
 DOUGH, ICE CREAM, OR SIMILAR PROCESSED OR PREPARED FOOD  PRODUCTS,  THAT
 ARE  COMPRISED  OF MORE THAN LIQUID EGGS, SUGAR, SALT, WATER, SEASONING,
 COLORING, FLAVORING, PRESERVATIVES, STABILIZERS, AND SIMILAR FOOD  ADDI-
 TIVES;
   (M)  "PERSON"  MEANS ANY INDIVIDUAL, FIRM, PARTNERSHIP, JOINT VENTURE,
 ASSOCIATION, LIMITED  LIABILITY  COMPANY,  CORPORATION,  ESTATE,  TRUST,
 RECEIVER, OR SYNDICATE;
   (N)  "PORK  MEAT" MEANS MEAT OF A PIG OF THE PORCINE SPECIES, INTENDED
 FOR USE AS HUMAN FOOD;
   (O) "SALE" MEANS A COMMERCIAL SALE BY A BUSINESS THAT SELLS  ANY  ITEM
 COVERED  BY THIS SECTION, BUT DOES NOT INCLUDE ANY SALE UNDERTAKEN AT AN
 ESTABLISHMENT AT WHICH MANDATORY INSPECTION IS PROVIDED UNDER THE FEDER-
 AL MEAT INSPECTION ACT (21 U.S.C. SEC. 601 ET SEQ.), OR ANY SALE  UNDER-
 TAKEN  AT  AN OFFICIAL PLANT AT WHICH MANDATORY INSPECTION IS MAINTAINED
 A. 7841                             3
 
 UNDER THE FEDERAL EGG PRODUCTS INSPECTION ACT (21 U.S.C.  SEC.  1031  ET
 SEQ.).  FOR PURPOSES OF THIS SECTION, A SALE SHALL BE DEEMED TO OCCUR AT
 THE  LOCATION  WHERE  THE  BUYER  TAKES  PHYSICAL  POSSESSION OF AN ITEM
 COVERED BY SUBDIVISION TWO OF THIS SECTION;
   (P)  "SHELL  EGG"  MEANS A WHOLE EGG OF AN EGG-LAYING HEN IN ITS SHELL
 FORM, INTENDED FOR USE AS HUMAN FOOD;
   (Q) "TURNING AROUND FREELY" MEANS TURNING IN A COMPLETE CIRCLE WITHOUT
 ANY IMPEDIMENT, INCLUDING A TETHER, AND WITHOUT TOUCHING THE SIDE OF  AN
 ENCLOSURE OR ANOTHER ANIMAL;
   (R) "UNCOOKED" MEANS REQUIRING COOKING PRIOR TO HUMAN CONSUMPTION;
   (S)  "USABLE  FLOORSPACE" MEANS THE TOTAL SQUARE FOOTAGE OF FLOORSPACE
 PROVIDED TO EACH COVERED ANIMAL, AS CALCULATED  BY  DIVIDING  THE  TOTAL
 SQUARE  FOOTAGE OF FLOORSPACE PROVIDED TO THE ANIMALS IN AN ENCLOSURE BY
 THE NUMBER OF ANIMALS IN THAT ENCLOSURE. IN THE CASE OF EGG-LAYING HENS,
 USABLE FLOORSPACE SHALL INCLUDE BOTH GROUNDSPACE AND ELEVATED LEVEL FLAT
 PLATFORMS UPON WHICH HENS CAN ROOST, BUT SHALL NOT  INCLUDE  PERCHES  OR
 RAMPS;
   (T)  "VEAL MEAT" MEANS MEAT OF A CALF RAISED FOR VEAL INTENDED FOR USE
 AS HUMAN FOOD;
   (U) "WHOLE PORK MEAT" MEANS ANY UNCOOKED CUT OF PORK, INCLUDING BACON,
 HAM, CHOP, RIBS,  RIBLET,  LOIN,  SHANK,  LEG,  ROAST,  BRISKET,  STEAK,
 SIRLOIN,  OR CUTLET, THAT IS COMPRISED ENTIRELY OF PORK MEAT, EXCEPT FOR
 SEASONING, CURING AGENTS, COLORING, FLAVORING, PRESERVATIVES, AND  SIMI-
 LAR  MEAT  ADDITIVES.  WHOLE PORK MEAT DOES NOT INCLUDE COMBINATION FOOD
 PRODUCTS, INCLUDING SOUPS, SANDWICHES,  PIZZAS,  HOT  DOGS,  OR  SIMILAR
 PROCESSED  OR  PREPARED  FOOD  PRODUCTS, THAT ARE COMPRISED OF MORE THAN
 PORK MEAT, SEASONING, CURING AGENTS, COLORING, FLAVORING, PRESERVATIVES,
 AND SIMILAR MEAT ADDITIVES; AND
   (V) "WHOLE VEAL MEAT" MEANS ANY UNCOOKED CUT OF VEAL, INCLUDING  CHOP,
 RIBS,  RIBLET,  LOIN,  SHANK,  LEG,  ROAST,  BRISKET, STEAK, SIRLOIN, OR
 CUTLET, THAT IS COMPRISED ENTIRELY OF VEAL MEAT, EXCEPT  FOR  SEASONING,
 CURING  AGENTS,  COLORING,  FLAVORING,  PRESERVATIVES,  AND SIMILAR MEAT
 ADDITIVES. WHOLE VEAL MEAT DOES NOT INCLUDE COMBINATION  FOOD  PRODUCTS,
 INCLUDING  SOUPS,  SANDWICHES, PIZZAS, HOT DOGS, OR SIMILAR PROCESSED OR
 PREPARED FOOD PRODUCTS, THAT ARE  COMPRISED  OF  MORE  THAN  VEAL  MEAT,
 SEASONING,  CURING AGENTS, COLORING, FLAVORING, PRESERVATIVES, AND SIMI-
 LAR MEAT ADDITIVES.
   2. IN ADDITION TO OTHER APPLICABLE PROVISIONS OF LAW:
   (A) A FARM OWNER OR OPERATOR WITHIN  THE  STATE  SHALL  NOT  KNOWINGLY
 CAUSE ANY COVERED ANIMAL TO BE CONFINED IN A CRUEL MANNER; AND
   (B)  A  BUSINESS  OWNER  OR OPERATOR SHALL NOT KNOWINGLY ENGAGE IN THE
 SALE WITHIN THE STATE OF ANY OF THE FOLLOWING:
   (I) WHOLE VEAL MEAT THAT THE  BUSINESS  OWNER  OR  OPERATOR  KNOWS  OR
 SHOULD  KNOW IS THE MEAT OF A COVERED ANIMAL WHO WAS CONFINED IN A CRUEL
 MANNER;
   (II) WHOLE PORK MEAT THAT THE BUSINESS  OWNER  OR  OPERATOR  KNOWS  OR
 SHOULD  KNOW IS THE MEAT OF A COVERED ANIMAL WHO WAS CONFINED IN A CRUEL
 MANNER, OR IS THE MEAT OF IMMEDIATE OFFSPRING OF A  COVERED  ANIMAL  WHO
 WAS CONFINED IN A CRUEL MANNER;
   (III)  SHELL  EGG  THAT THE BUSINESS OWNER OR OPERATOR KNOWS OR SHOULD
 KNOW IS THE PRODUCT OF A COVERED ANIMAL WHO  WAS  CONFINED  IN  A  CRUEL
 MANNER; AND
   (IV)  LIQUID  EGGS THAT THE BUSINESS OWNER OR OPERATOR KNOWS OR SHOULD
 KNOW ARE THE PRODUCT OF A COVERED ANIMAL WHO WAS  CONFINED  IN  A  CRUEL
 MANNER.
   3. THIS SECTION SHALL NOT APPLY:
 A. 7841                             4
 
   (A) DURING MEDICAL RESEARCH;
   (B)  DURING  EXAMINATION,  TESTING, INDIVIDUAL TREATMENT, OR OPERATION
 FOR VETERINARY PURPOSES;
   (C) DURING TRANSPORTATION;
   (D) DURING RODEO EXHIBITIONS, STATE OR COUNTY  FAIR  EXHIBITIONS,  4-H
 PROGRAMS, AND SIMILAR EXHIBITIONS;
   (E)  DURING  THE  SLAUGHTER OF A COVERED ANIMAL IN ACCORDANCE WITH THE
 PROVISIONS OF THIS CHAPTER, AND OTHER APPLICABLE LAW AND REGULATIONS;
   (F) TO A BREEDING PIG DURING THE FIVE-DAY PERIOD PRIOR TO THE BREEDING
 PIG'S EXPECTED DATE OF GIVING BIRTH, AND ANY DAY THAT THE  BREEDING  PIG
 IS NURSING PIGLETS; AND
   (G) DURING TEMPORARY PERIODS FOR ANIMAL HUSBANDRY PURPOSES FOR NO MORE
 THAN  SIX HOURS IN ANY TWENTY-FOUR HOUR PERIOD, AND NO MORE THAN TWENTY-
 FOUR HOURS TOTAL IN ANY THIRTY DAY PERIOD.
   4. (A) THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS  FOR  THE
 IMPLEMENTATION  OF THIS SECTION BY SEPTEMBER FIRST, TWO THOUSAND TWENTY-
 FOUR.
   (B) ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF THIS  SECTION  IS
 GUILTY  OF  A MISDEMEANOR, AND UPON CONVICTION THEREOF SHALL BE PUNISHED
 BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS OR BY  IMPRISONMENT  FOR  A
 PERIOD  NOT  TO  EXCEED ONE HUNDRED EIGHTY DAYS OR BY BOTH SUCH FINE AND
 IMPRISONMENT. IN ADDITION, A VIOLATION OF PARAGRAPH (B)  OF  SUBDIVISION
 TWO OF THIS SECTION CONSTITUTES UNFAIR COMPETITION.
   (C)  THE  PROVISIONS  OF THIS SECTION RELATING TO CRUEL CONFINEMENT OF
 COVERED ANIMALS AND SALE OF PRODUCTS  SHALL  SUPERSEDE  ANY  CONFLICTING
 REGULATIONS.
   5.  IT  SHALL  BE  A DEFENSE TO ANY ACTION TO ENFORCE PARAGRAPH (B) OF
 SUBDIVISION TWO OF THIS SECTION THAT A BUSINESS OWNER OR OPERATOR RELIED
 IN GOOD FAITH UPON A WRITTEN CERTIFICATION  BY  THE  SUPPLIER  THAT  THE
 WHOLE VEAL MEAT, WHOLE PORK MEAT, SHELL EGG, OR LIQUID EGGS AT ISSUE WAS
 NOT DERIVED FROM A COVERED ANIMAL WHO WAS CONFINED IN A CRUEL MANNER, OR
 FROM  THE  IMMEDIATE  OFFSPRING  OF A BREEDING PIG WHO WAS CONFINED IN A
 CRUEL MANNER.
   6. THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO, AND NOT IN  LIEU
 OF,  ANY OTHER LAWS PROTECTING ANIMAL WELFARE. THIS SECTION SHALL NOT BE
 CONSTRUED TO LIMIT ANY STATE LAW OR REGULATIONS PROTECTING  THE  WELFARE
 OF ANIMALS, NOR SHALL ANYTHING IN THIS SECTION PREVENT A LOCAL GOVERNING
 BODY  FROM  ADOPTING AND ENFORCING ITS OWN ANIMAL WELFARE LAWS AND REGU-
 LATIONS.
   § 2. This act shall take effect immediately.