A01102 Summary:

BILL NOA01102
 
SAME ASSAME AS S01497
 
SPONSORGlick (MS)
 
COSPNSRJaffee, Rosenthal L, Dinowitz, Englebright, Buchwald, McDonough, Pheffer Amato
 
MLTSPNSRColton, Garbarino, Gottfried, Lupardo, Perry, Simon
 
Add 381, Ag & Mkts L
 
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 selling, bartering, giving away, purchasing, possessing, transporting, delivering or receiving horseflesh where such person knows or should know that such horseflesh is intended for human consumption; and provides penalties for violation.
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A01102 Actions:

BILL NOA01102
 
01/14/2019referred to agriculture
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A01102 Committee Votes:

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A01102 Floor Votes:

There are no votes for this bill in this legislative session.
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A01102 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1102
 
SPONSOR: Glick (MS)
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to prohib- iting the slaughtering of horses for human consumption   PURPOSE OR GENERAL IDEA OF BILL: To amend the Agriculture and Markets Law by adding a new section 381, to prohibit the slaughtering of horses for human consumption.   SUMMARY OF SPECIFIC PROVISIONS: The Agriculture and Markets Law shall be amended by adding a new section 381. This section will make it unlawful to slaughter a horse for human consumption. It shall be unlawful to purchase, trade, offer, import or export a horse or horse flesh, in any way with the intent of it being slaughtered for human consumption. It shall also be unlawful to buy or sell at retail, trade, barter or offer horse flesh if there is prior knowledge that the meat is intended for human consumption. The term horse, includes all members of the equine family, including horses, ponies, donkeys, mules, asses, and burros. The term horse flesh means any part of the horse's body. A violation of this law will be a misde- meanor punishable by imprisonment for not more than one year or by a fine of not more than one thousand dollars or by both.   JUSTIFICATION: 104,899 horses were slaughtered in the United States during 2006, the last full year of horse slaughtering in the US, according to the Govern- ment Accountability Office. In 2007, after Congressional approval of an appropriations bill that included a rider prohibiting the USDA from financing the inspection of horse meat, all US horse slaughter facili- ties closed. From 2006 through 2010, US horse for slaughter exports to Canada increased by 148%. In 2010, 137,984 horses were exported to Cana- da for slaughter. The vast majority of these horses are being slaugh- tered for human consumption abroad, mainly in Europe and Japan. In 2011, that 2007 rider was removed by Congress in an omnibus spending act. The door has potentially been re-opened for horse slaughter within the United States as a horse meat plant in New Mexico nears approval in 2013. Pet horses, work horses, racehorses and even wild horses go to slaugh- ter. Most arrive at the slaughterhouse via livestock auctions where, often unknown to the seller, they are bought by middlemen working for the slaughter plants. These so-called "killer buyers" travel from one auction to the next collecting young, old, sick and healthy animals until their trucks are full. Some are shipped for more than 24 hours at a time without food, water or rest, and suffer horribly along the way. Callous treatment of horses at the slaughterhouse often results in their prolonged suffering. Panicked horses are prodded and beaten off the truck and into the kill-chute. The improper use of stunning equipment, designed to render the animal unconscious with a swift shot to the head, means that horses sometimes endure repeated blows and remain conscious during their own slaughter. This bill would prohibit any person from slaughtering a horse where such person knows or has reason to know that such horse will be used for human consumption. Furthermore, it prohibits any person from selling, bartering, giving away, purchasing, possessing, transporting, delivering or receiving horseflesh where such person knows or should know that such horseflesh is intended for human consumption. This bill also provides penalties for violations in an effort to ensure that such cruelty and blatant disregard of one of America's most majestic and noble creatures will no longer be tolerated in New York State.   PRIOR LEGISLATIVE HISTORY: 2017-18: A4012A Referred to Agriculture 2015-16: Referred to Agriculture 2013-2014: Referred to Agriculture 2011-2012: Referred to Agriculture 2009-10: Referred to Agriculture; Held for consideration 2007-08: Referred to Agriculture 2005-06: Referred to Codes; Passed Senate 2004: Referred to Agriculture   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law.
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A01102 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1102
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2019
                                       ___________
 
        Introduced  by  M.  of  A. GLICK, JAFFEE, L. ROSENTHAL, DINOWITZ, ENGLE-
          BRIGHT, BUCHWALD, McDONOUGH -- Multi-Sponsored by -- M. of A.  COLTON,
          GARBARINO,  GOTTFRIED, LUPARDO, PERRY, SIMON -- read once and referred
          to the Committee on Agriculture
 
        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 381 to read as follows:
     3    §  381.  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 sell, offer to sell or barter,  give  away,  purchase,
    10  possess,  transport,  deliver,  or  receive any horse with the intent of
    11  slaughtering or having another  person  slaughter  such  horse  if  such
    12  person  knows  or should know that any of the horseflesh is intended for
    13  human consumption.
    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, if such person knows or should
    17  know that any of the horseflesh will be used for human consumption.
    18    4. It shall be unlawful for any person to possess horseflesh with  the
    19  intent  to  sell  such  horseflesh  at  retail  for the purpose of human
    20  consumption.
    21    5. Notwithstanding any other provision of law, it  shall  be  unlawful
    22  for  any  person  to  import into or export from this state, live horses
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05040-01-9

        A. 1102                             2
 
     1  where such person knows or should know that such horse is  intended  for
     2  slaughter for human consumption.
     3    6.  Notwithstanding  any  other provision of law, it shall be unlawful
     4  for any person to import into or  export  from  this  state,  horseflesh
     5  where  such person knows or should know that such horseflesh is intended
     6  for human consumption.
     7    7. As used in this section, the term "horse" includes all  members  of
     8  the  equine  family, including horses, ponies, donkeys, mules, asses and
     9  burros; and the term "horseflesh" means  the  flesh  of  a  dead  horse,
    10  including the animal's viscera, skin, hair, hide, hooves, and bones; the
    11  term  "person"  means  an  individual,  corporation, partnership, trust,
    12  association or other legal entity.
    13    8. A violation of this section is a misdemeanor punishable  by  impri-
    14  sonment  for  not  more than one year, or by a fine of not more than one
    15  thousand dollars, or  by  both.  In  lieu  of  criminal  prosecution,  a
    16  violation  of  this section shall be subject to a civil penalty of up to
    17  one thousand dollars for an individual and up to five  thousand  dollars
    18  for  a  corporation  for  the  first violation. Any subsequent violation
    19  shall be punishable by a civil penalty of  up  to  twenty-five  thousand
    20  dollars.
    21    9. Any civil penalties collected pursuant to this section of law shall
    22  be payable to the animal population control fund established pursuant to
    23  section ninety-seven-xx of the state finance law.
    24    10. The provisions of this section are in addition to, and not in lieu
    25  of,  any  other  laws protecting animal welfare. This section may not be
    26  construed to limit any state law or  rules  protecting  the  welfare  of
    27  animals or to prevent a local governing body from adopting and enforcing
    28  its own animal welfare laws and regulations.
    29    11.  If  any  provision of this section, or the application thereof to
    30  any person or circumstances, is held invalid or  unconstitutional,  that
    31  invalidity  or  unconstitutionality shall not affect other provisions or
    32  applications of this section that can be given effect without the inval-
    33  id or unconstitutional provision or application, and  to  this  end  the
    34  provisions of this section are severable.
    35    § 2. This act shall take effect on the one hundred twentieth day after
    36  it shall have become a law.
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