Cusick, Glick, Hevesi, Malliotakis, Montesano, Mosley, Simon, Thiele, Titus
Add §353-g, Ag & Mkts L
Pertains to confinement of animals for food producing purposes; prohibits any person to tether or confine any pig during pregnancy, calf raised for veal, or egg-laying hen who is kept on a farm for all or the majority of any day in a manner that prevents such animal from lying down, standing up and fully extending its limbs and turning around freely; establishes that commission of such crime shall constitute a class A misdemeanor punishable by imprisonment for a period not to exceed one year and/or fine not to exceed $1,000.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1341
SPONSOR: Rosenthal (MS) TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to the
confinement of animals for food producing purposes
PURPOSE:
This bill phases out pig gestation crates, veal crates and hen battery
cages.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the agriculture and markets law by adding a new
section 353-e that defines the terms employed for the purposes of this
bill.
Subdivision two would make it unlawful for any person to confine any
covered animal in a manner that prevents them from lying down, standing
up and fully extending its limbs and turning around freely.
Subdivision three lists exemptions to the rules set forth in the previ-
ous subdivision.
Subdivision four would make any violation of the provisions of this
section a Class A misdemeanor. Subdivision five provides that nothing
contained in this section shall conflict with humane local laws.
Subdivision six stipulates that nothing in this section shall reduce the
protection afforded to animals or the enforcement of such protection.
Subdivision five sets out the enforcement mechanism for this section.
Section two sets forth the effective date.
JUSTIFICATION:
Harsh confinement within confinement crates and cages deprives calves,
pigs and chickens of the ability to engage in natural behavior. Animals
confined in such circumstances experience extensive and significant
physical and psychological trauma.
Nationwide, about one million calves raised for veal and six million
breeding sows (female pigs) suffer nearly their entire lives inside tiny
crates so small the animals cannot turn around. According the Humane
Society of the United States, veal factory farmers separate calves from
their mothers within the first few days of birth and cram them into
individual crates or stalls, tethered by their necks. Inside these
enclosures, the calves can barely move.
Breeding sows suffer under similar circumstances. Gestation crates board
pregnant pigs for nearly their entire four-month pregnancy. These tiny
metal crates are not even large enough for the pig to move or perform
natural behaviors such as cleaning themselves or simply turning around.
Veal and pork producers nationally are already in the process of phasing
out veal and gestation crates. All veal producers have set a deadline of
2017 for themselves to phase out veal crates. In January 2007, Smith-
field, the nation's largest pork producers, announced that they would
phase out the confinement of pigs over the next decade. Cargill, the
nation's 8th biggest pork producers, has also stated that they are work-
ing on phasing out confinement. The world's largest food-service provid-
er, Compass group, is phasing out cage shell eggs for all of its 8,000
U.S. accounts. This announcement followed Bon Appetit's decision to
phase out cage eggs for all of its 400 cafes, including major corporate
clients such as Yahoo!, Oracle Corporation, Cisco Systems, Adidas, Best
Buy, and Nordstrom, Cartwells and Gukenheimer, some of the largest
U.S.-owned food service companies, made similar decisions.
Other entities such as Ben and Jerry's, AOL, Google, Chicago's Swedish
Covenant Hospital and Omni Hotels will not serve battery cage eggs in
the food that they provide to workers, clients and guests. More than 350
schools have enacted policies to eliminate or greatly decrease their use
of eggs from caged hens.
These self-imposed pledges are an excellent first step, but the indus-
try's best practices should be embraced across the board. American
consumers are increasingly demanding the humane treatment of all
animals, including those raised for food. New York State should rise to
meet this demand by bringing the practices of its agricultural industry
into the modern era.
This ban is not without precedent. In 2002, Florida voters banned
gestation crates in a 55-45% vote. In 2006, Arizona voters banned both
gestation crates and veal crates in a 62-38% vote. In 2007, the Oregon
legislature banned gestation crates and in 2008, the Colorado legisla-
ture banned both gestation crates and veal crates. California voters
recently passed Proposition 2 which banned gestation crates, veal crates
and battery cages by a 63.5-36.5% vote. The entire European Union has
also banned both veal crates and gestation crates, effective 2007 and
2013, respectively.
LEGISLATIVE HISTORY:
2015-16: A.372-A - Referred to Agriculture; S.3999 - Referred to Agri-
culture
2013-14: A.424 - Referred to Agriculture
2011-12: A.1928 - Referred to Agriculture
2009-10: A.8163 - Referred to Agriculture
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill shall take effect twenty-four months after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
1341
2017-2018 Regular Sessions
IN ASSEMBLY
January 11, 2017
___________
Introduced by M. of A. ROSENTHAL, PAULIN, KAVANAGH, GOTTFRIED, DINOWITZ,
ENGLEBRIGHT, ORTIZ, STECK, WEPRIN, COLTON -- Multi-Sponsored by -- M.
of A. CUSICK, GLICK, HEVESI, MALLIOTAKIS, MONTESANO, MOSLEY, THIELE,
TITUS -- read once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the
confinement of animals for food producing purposes
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 353-g to read as follows:
3 § 353-g. Confinement of animals for food producing purposes. 1. For
4 purposes of this section, the following terms shall have the following
5 meanings:
6 (a) "Calf raised for veal" means any calf of the bovine species kept
7 for the purpose of producing the food product described as veal.
8 (b) "Covered animals" means any pig during pregnancy, calf raised for
9 veal, or egg-laying hen who is kept on a farm.
10 (c) "Egg-laying hen" means any female domesticated chicken, turkey,
11 duck, goose, or guinea fowl kept for the purpose of egg production.
12 (d) "Enclosure" means any cage, crate, or other structure (including
13 what is commonly described as a "gestation crate" for pigs, a "veal
14 crate" for calves, or a "battery cage" for egg-laying hens) used to
15 confine a covered animal.
16 (e) "Farm" means the land, building, support facilities, and other
17 equipment that are wholly or partially used for the commercial
18 production of animals or animal products used for food or fiber, and
19 does not include live animal markets.
20 (f) "Fully extending its limbs" means fully extending all limbs with-
21 out touching the side of an enclosure, including, in the case of egg-
22 laying hens, fully spreading both wings without touching the side of an
23 enclosure or other egg-laying hens.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04973-01-7
A. 1341 2
1 (g) "Person" means any individual, corporation, partnership, associ-
2 ation, or other legal entity.
3 (h) "Pig during pregnancy" means any pregnant pig of the porcine
4 species kept for the primary purpose of breeding.
5 (i) "Turning around freely" means turning in a complete circle without
6 any impediment, including a tether, and without touching the side of an
7 enclosure.
8 2. It shall be unlawful for any person to tether or confine any
9 covered animal, as defined in subdivision one of this section, on a farm
10 for all or the majority of any day, in a manner that prevents such
11 animal from lying down, standing up and fully extending its limbs and
12 turning around freely.
13 3. This section shall not apply during the following lawfully
14 performed activities:
15 (A) Transportation,
16 (B) Exhibitions at rodeos, fairs, youth programs, and similar exhibi-
17 tions,
18 (C) Slaughtering process,
19 (D) Scientific or agricultural research,
20 (E) Examination, testing, individual treatment or operation for veter-
21 inary purposes,
22 (F) To a pig during the seven-day period prior to the pig's expected
23 date of giving birth.
24 4. A violation of the provisions of this section is a class A misde-
25 meanor punishable by imprisonment for a period not to exceed one year,
26 or by a fine not to exceed one thousand dollars, or by both such fine
27 and imprisonment.
28 5. Nothing contained in this section shall prevent any town, city,
29 village or county in New York state from enacting a local law or ordi-
30 nance to provide for the humane treatment of and prevention of cruelty
31 to farm animals, provided, however, that no such law shall conflict with
32 the provisions of this section.
33 6. Nothing contained in this section shall be construed to reduce the
34 protection afforded to farm animals under any other section of this
35 article or any other law or regulation. Nothing in this section shall be
36 construed to limit or restrict agents or officers of societies for the
37 prevention of cruelty to animals or the police from enforcing the other
38 provisions of this article or any other law or regulation relating to
39 the humane treatment of or cruelty to animals.
40 7. This section shall be enforced by the department, and any agent and
41 officer of any duly incorporated society for the prevention of cruelty
42 to animals may issue an appearance ticket pursuant to section 150.20 of
43 the criminal procedure law, summons or arrest, and bring before a court
44 or magistrate having jurisdiction, any person offending against any of
45 the provisions of this section.
46 § 2. This act shall take effect twenty-four months after it shall have
47 become a law.
