§ 353. Overdriving, torturing and injuring animals; failure to provide
proper sustenance. A person who overdrives, overloads, tortures or
cruelly beats or unjustifiably injures, maims, mutilates or kills any
animal, whether wild or tame, and whether belonging to himself or to
another, or deprives any animal of necessary sustenance, food or drink,
or neglects or refuses to furnish it such sustenance or drink, or
causes, procures or permits any animal to be overdriven, overloaded,
tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or
killed, or to be deprived of necessary food or drink, or who wilfully
sets on foot, instigates, engages in, or in any way furthers any act of
cruelty to any animal, or any act tending to produce such cruelty, is
guilty of a class A misdemeanor and for purposes of paragraph (b) of
subdivision one of section 160.10 of the criminal procedure law, shall
be treated as a misdemeanor defined in the penal law.

Nothing herein contained shall be construed to prohibit or interfere
with any properly conducted scientific tests, experiments or
investigations, involving the use of living animals, performed or
conducted in laboratories or institutions, which are approved for these
purposes by the state commissioner of health. The state commissioner of
health shall prescribe the rules under which such approvals shall be
granted, including therein standards regarding the care and treatment of
any such animals. Such rules shall be published and copies thereof
conspicuously posted in each such laboratory or institution. The state
commissioner of health or his duly authorized representative shall have
the power to inspect such laboratories or institutions to insure
compliance with such rules and standards. Each such approval may be
revoked at any time for failure to comply with such rules and in any
case the approval shall be limited to a period not exceeding one year.