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. LBD10720-04-9S. 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.