Bill Text: NY S05983 | 2019-2020 | General Assembly | Amended


Bill Title: Prohibits any person from slaughtering a horse where such person knows or has reason to know that such horse will be used for human consumption; and prohibits any person from possessing, importing into or exporting from the state, selling, buying, giving away, holding or accepting any horse with the intent of killing, or having another kill, such horse, if such person knows or should have known that any part of such horse will be used for human consumption; and provides penalties for violation.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-02-03 - REPORTED AND COMMITTED TO AGRICULTURE [S05983 Detail]

Download: New_York-2019-S05983-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5983--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced by Sens. MARTINEZ, ADDABBO -- read twice and ordered printed,
          and  when  printed to be committed to the Committee on Domestic Animal
          Welfare -- committee discharged, bill amended,  ordered  reprinted  as
          amended  and  recommitted  to  said committee -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee

        AN  ACT to amend the agriculture and markets law, in relation to prohib-
          iting the slaughtering of horses for human consumption

          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 382 to read as follows:
     3    § 382. Prohibition of slaughtering horses for human consumption.    1.
     4  Notwithstanding any other provision of law, it shall be unlawful for any
     5  person  to slaughter or have another person slaughter a horse where such
     6  person knows or should know that any part of such horse will be used for
     7  human consumption.
     8    2. Notwithstanding any other provision of law, it  shall  be  unlawful
     9  for  any  person to possess, to import into or export from the state, to
    10  sell, buy, give away, hold, or accept any horse with the intent of kill-
    11  ing, or having another kill, such horse, if such person knows or  should
    12  have  known  that any part of such horse will be used for human consump-
    13  tion.
    14    3. Notwithstanding any other provision of law, it  shall  be  unlawful
    15  for  any  person  to  sell at retail, barter, offer to sell at retail or
    16  barter, give away, or purchase at  retail  horseflesh,  if  such  person
    17  knows  or  should know that any of the horseflesh will be used for human
    18  consumption.
    19    4. It shall be unlawful for any person to possess horseflesh with  the
    20  intent  to  sell  such  horseflesh  at  retail  for the purpose of human
    21  consumption.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10720-04-9

        S. 5983--B                          2

     1    5. Notwithstanding any other provision of law, it  shall  be  unlawful
     2  for  any  person  to  import into or export from this state, live horses
     3  where such person knows or should know that such horse is  intended  for
     4  slaughter for human consumption.
     5    6.  Notwithstanding  any  other provision of law, it shall be unlawful
     6  for any person to import into or  export  from  this  state,  horseflesh
     7  where  such person knows or should know that such horseflesh is intended
     8  for human consumption.
     9    7. As used in this section, the term "horse" includes all  members  of
    10  the  equine  family, including horses, ponies, donkeys, mules, asses and
    11  burros; and the term "horseflesh" means  the  flesh  of  a  dead  horse,
    12  including the animal's viscera, skin, hair, hide, hooves, and bones; the
    13  term  "person"  means  an  individual,  corporation, partnership, trust,
    14  association or other legal entity.
    15    8. A violation of this section is a misdemeanor punishable  by  impri-
    16  sonment  for  not  more than one year, or by a fine of not more than one
    17  thousand dollars, or  by  both.  In  lieu  of  criminal  prosecution,  a
    18  violation  of  this section shall be subject to a civil penalty of up to
    19  one thousand dollars for an individual and up to five  thousand  dollars
    20  for  a  corporation  for  the  first violation. Any subsequent violation
    21  shall be punishable by a civil penalty of  up  to  twenty-five  thousand
    22  dollars.
    23    9. Any civil penalties collected pursuant to this section of law shall
    24  be payable to the animal population control fund established pursuant to
    25  section ninety-seven-xx of the state finance law.
    26    10.  Any  owner  or  trainer  stabled at a New York racing association
    27  track found to have knowingly sold a horse for slaughter will  have  his
    28  or  her  stalls permanently revoked from all New York racing association
    29  tracks.
    30    11. The provisions of this section are in addition to, and not in lieu
    31  of, any other laws protecting animal welfare. This section  may  not  be
    32  construed  to  limit  any  state  law or rules protecting the welfare of
    33  animals or to prevent a local governing body from adopting and enforcing
    34  its own animal welfare laws and regulations.
    35    12. If any provision of this section, or the  application  thereof  to
    36  any  person  or circumstances, is held invalid or unconstitutional, that
    37  invalidity or unconstitutionality shall not affect other  provisions  or
    38  applications of this section that can be given effect without the inval-
    39  id  or  unconstitutional  provision  or application, and to this end the
    40  provisions of this section are severable.
    41    § 2. This act shall take effect on the one hundred twentieth day after
    42  it shall have become a law.
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