Bill Text: NY S02724 | 2019-2020 | General Assembly | Amended

Bill Title: Prohibits any person from transporting, holding, buying, selling, giving, receiving or marketing a nonambulatory animal unless such animal is first humanely euthanized without undue delay from the time that such animal becomes nonambulatory; makes certain exceptions; provides violation provisions; and defines relevant terms.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2019-06-20 - RECOMMITTED TO RULES [S02724 Detail]

Download: New_York-2019-S02724-Amended.html

                STATE OF NEW YORK

            Cal. No. 999

                               2019-2020 Regular Sessions

                    IN SENATE

                                    January 29, 2019

          SKY -- read twice and ordered printed, and when printed to be  commit-
          ted   to  the  Committee  on  Domestic  Animal  Welfare  --  committee
          discharged and said bill  committed  to  the  Committee  on  Rules  --
          ordered  to  a third reading, amended and ordered reprinted, retaining
          its place in the order of third reading -- again amended  and  ordered
          reprinted, retaining its place in the order of third reading

        AN ACT to amend the agriculture and markets law, in relation to nonambu-
          latory animals

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The agriculture and markets law is amended by adding a  new
     2  section 357-a to read as follows:
     3    §  357-a.  Nonambulatory  animals. 1. Definitions. For the purposes of
     4  this section, the following terms shall have the following meanings:
     5    (a) "Person" means any individual, corporation,  partnership,  associ-
     6  ation, municipality, or other legal entity;
     7    (b)  "Nonambulatory  animal" means any domestic sheep, cattle or swine
     8  that is raised for commercial or subsistence purposes and that is unable
     9  to stand and walk without assistance;
    10    (c) "Humanely euthanize" means to kill an animal by a single blow of a
    11  penetrating captive bolt or gun shot, or by chemical  means,  restricted
    12  to an injectable drug or drugs, that will render the animal unconscious,
    13  with complete unconsciousness remaining until death;
    14    (d)  "Undue  delay"  means  any  delay beyond that which is reasonably
    15  necessary to carry  out  prompt,  humane  euthanasia  or  to  administer
    16  prompt,  appropriate and necessary veterinary treatment, or to carry out
    17  prompt, humane handling and transport of the nonambulatory animal pursu-
    18  ant to this subdivision and subdivision three of this section;
    19    (e) "Humane handling" means that a nonambulatory animal shall only  be
    20  moved  with full body support. Use of a sling, stoneboat, or other sled-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 2724--B                          2

     1  like or wheeled conveyances should  be  used  to  move  a  nonambulatory
     2  animal  wherever  possible.  In no event shall a nonambulatory animal be
     3  dragged, pushed with a tractor, forklift, or  other  equipment,  lifted,
     4  unless  with  full  body  support,  or  otherwise  moved  inhumanely for
     5  purposes of convenience. In the  limited  circumstances  where,  in  the
     6  course  of veterinary treatment, the veterinarian makes a reasonable and
     7  good faith determination that the safest and most humane way to move the
     8  animal is with a tractor or other equipment, this  is  permissible.  Hip
     9  clamps shall not be used to move a nonambulatory animal. Where an animal
    10  must  be  lifted  to a standing position and not moved, the use of a hip
    11  clamp or other equipment is allowed after consulting with a  veterinari-
    12  an.  Where  the  veterinarian makes a reasonable and good faith determi-
    13  nation that the safest and most humane way to lift the animal is with  a
    14  hip clamp or other equipment, this is permissible; and
    15    (f)  "Veterinary  treatment"  means that a licensed veterinarian shall
    16  determine whether a nonambulatory animal requires medical  attention  or
    17  rehabilitation, or humane euthanasia. A veterinarian with an established
    18  veterinary  client  patient  relationship  with  a  farm shall provide a
    19  protocol for use by a farmer to assist in determining whether a nonambu-
    20  latory animal requires medical attention or  rehabilitation,  or  humane
    21  euthanasia. A person shall follow the protocol provided by a veterinari-
    22  an  when  the  veterinarian  cannot provide veterinary treatment without
    23  undue delay.
    24    2. No person shall transport or hold, except as provided  in  subdivi-
    25  sion three of this section, buy, sell, give, receive, or market a nonam-
    26  bulatory animal for human or animal consumption.
    27    3. (a) A nonambulatory animal may be transported, provided such trans-
    28  port  is  in  compliance  with  paragraph (e) of subdivision one of this
    29  section, where the animal becomes nonambulatory on  the  property  of  a
    30  farmer  who  has bred or raised the animal, without undue delay from the
    31  time the animal becomes nonambulatory, to another location on that  same
    32  property,  solely  for the purpose of administering to the animal appro-
    33  priate and necessary veterinary treatment.
    34    (b) A nonambulatory animal may be held on the property of a farmer who
    35  has bred or raised the animal for  a  brief  period  of  time  which  is
    36  reasonably necessary to obtain veterinary treatment of the nonambulatory
    37  animal  pursuant to this subdivision. Such veterinary treatment shall be
    38  administered without undue delay from the time the animal becomes nonam-
    39  bulatory.
    40    4. Under no circumstances shall a nonambulatory animal be  transported
    41  or held for any purpose other than that permitted in this section.
    42    5.    Any  person  who violates any provision of this section shall be
    43  guilty of a misdemeanor, punishable by imprisonment of not more than one
    44  year, or by a fine of not more than two thousand five  hundred  dollars,
    45  or  by both such fine and imprisonment. Each day on which a violation of
    46  this section occurs and each instance of a prohibited action under  this
    47  section shall constitute a separate offense.
    48    6.  The  commissioner  shall promulgate rules and regulations to carry
    49  out the provisions of this section.
    50    § 2. This act shall take effect on the one hundred twentieth day after
    51  it shall have become a law.