Legislation
SECTION 385
Prohibition of slaughtering horses for human or animal consumption
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 26
§ 385. Prohibition of slaughtering horses for human or animal
consumption. 1. Notwithstanding any other provision of law, it shall be
unlawful for any person, corporation, association, or other entity to
slaughter or have another person, corporation, association, or other
entity slaughter a horse if any part of such horse will be used for
human or animal consumption.
2. Notwithstanding any other provision of law, it shall be unlawful
for any person, corporation, association, or other entity who owns or is
in the process of taking ownership of a horse to import, export, sell,
offer to sell or barter, transfer, purchase, possess, transport,
deliver, receive, give away, hold, or accept, or direct another person
to import, export, sell, offer to sell or barter, transfer, purchase,
possess, transport, deliver, receive, give away, hold, or accept a
horse, with the intent of slaughtering or having another person,
corporation, association, or other entity slaughter such horse for the
purpose of human or animal consumption.
3. Notwithstanding any other provision of law, it shall be unlawful
for any person, corporation, association, or other entity who owns or is
in the process of taking ownership of horseflesh to import, export,
sell, offer to sell or barter, transfer, purchase, possess, transport,
deliver, receive, give away, hold, or accept, or direct another person
to import, export, sell, offer to sell or barter, transfer, purchase,
possess, transport, deliver, receive, give away, hold, or accept
horseflesh, with the intent of slaughtering or having another person,
corporation, association, or other entity slaughter such horse for the
purpose of human or animal consumption.
4. For the purposes of this section:
(a) The term "horseflesh" shall mean the flesh of a dead horse,
including the animal's viscera, skin, hide, hooves, and bones; and
(b) The term "slaughter" shall mean the intentional killing, or having
another kill a horse if such person knows that the purpose of such
killing is using any part of such horse for human or animal consumption.
5. A violation of this section is a misdemeanor punishable by a fine
of not more than one thousand dollars per horse for an individual
person, and up to two thousand five hundred dollars per horse for a
corporation, association, or other entity, for the first violation. Any
subsequent violation shall be punishable by a fine of up to two thousand
dollars per horse for an individual person, and up to five thousand
dollars per horse for a corporation, association, or other entity.
6. The provisions of this section shall be 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 rules protecting the welfare
of animals or to prevent a local governing body from adopting and
enforcing its own animal welfare laws and regulations. Nothing in this
section shall prohibit a person from otherwise lawful disposition of a
deceased horse or any part of such horse.
7. If any provision of this section, or the application thereof to any
person or circumstances, is held invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect other provisions or
applications of this section that can be given effect without the
invalid or unconstitutional provision or application, and to such end
the provisions of this section shall be severable.
consumption. 1. Notwithstanding any other provision of law, it shall be
unlawful for any person, corporation, association, or other entity to
slaughter or have another person, corporation, association, or other
entity slaughter a horse if any part of such horse will be used for
human or animal consumption.
2. Notwithstanding any other provision of law, it shall be unlawful
for any person, corporation, association, or other entity who owns or is
in the process of taking ownership of a horse to import, export, sell,
offer to sell or barter, transfer, purchase, possess, transport,
deliver, receive, give away, hold, or accept, or direct another person
to import, export, sell, offer to sell or barter, transfer, purchase,
possess, transport, deliver, receive, give away, hold, or accept a
horse, with the intent of slaughtering or having another person,
corporation, association, or other entity slaughter such horse for the
purpose of human or animal consumption.
3. Notwithstanding any other provision of law, it shall be unlawful
for any person, corporation, association, or other entity who owns or is
in the process of taking ownership of horseflesh to import, export,
sell, offer to sell or barter, transfer, purchase, possess, transport,
deliver, receive, give away, hold, or accept, or direct another person
to import, export, sell, offer to sell or barter, transfer, purchase,
possess, transport, deliver, receive, give away, hold, or accept
horseflesh, with the intent of slaughtering or having another person,
corporation, association, or other entity slaughter such horse for the
purpose of human or animal consumption.
4. For the purposes of this section:
(a) The term "horseflesh" shall mean the flesh of a dead horse,
including the animal's viscera, skin, hide, hooves, and bones; and
(b) The term "slaughter" shall mean the intentional killing, or having
another kill a horse if such person knows that the purpose of such
killing is using any part of such horse for human or animal consumption.
5. A violation of this section is a misdemeanor punishable by a fine
of not more than one thousand dollars per horse for an individual
person, and up to two thousand five hundred dollars per horse for a
corporation, association, or other entity, for the first violation. Any
subsequent violation shall be punishable by a fine of up to two thousand
dollars per horse for an individual person, and up to five thousand
dollars per horse for a corporation, association, or other entity.
6. The provisions of this section shall be 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 rules protecting the welfare
of animals or to prevent a local governing body from adopting and
enforcing its own animal welfare laws and regulations. Nothing in this
section shall prohibit a person from otherwise lawful disposition of a
deceased horse or any part of such horse.
7. If any provision of this section, or the application thereof to any
person or circumstances, is held invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect other provisions or
applications of this section that can be given effect without the
invalid or unconstitutional provision or application, and to such end
the provisions of this section shall be severable.