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; 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; provides penalties for violation.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5481
SPONSOR: Glick 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 382, 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
382. This section will make it unlawful to slaughter a horse for human
consumption. It shall be unlawful to possess, import into or export from
the state, sell, buy, give away, hold, or accept 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. It shall also be unlawful to sell at retail, barter,
offer to sell at retail or barter, give away, or purchase at retail
horse flesh if such person knows or should have known that the meat is
intended for human consumption. It shall be unlawful for any person to
import or export live horses where such person knows or should have
known that such horse is intended for slaughter for human consumption,
or horseflesh where such person knows or should have known such horse-
flesh 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 misdemeanor punishable by impri-
sonment 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, workhorses, racehorses and even wild horses go to slaughter.
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.
The 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 equip-
ment, 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, purchas-
ing, 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:
2019-20: Referred to Agriculture
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.
STATE OF NEW YORK
________________________________________________________________________
5481
2021-2022 Regular Sessions
IN ASSEMBLY
February 19, 2021
___________
Introduced by M. of A. GLICK, LUPARDO -- 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 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.
22 5. Notwithstanding any other provision of law, it shall be unlawful
23 for any person to import into or export from this state, live horses
24 where such person knows or should know that such horse is intended for
25 slaughter for human consumption.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07903-01-1
A. 5481 2
1 6. Notwithstanding any other provision of law, it shall be unlawful
2 for any person to import into or export from this state, horseflesh
3 where such person knows or should know that such horseflesh is intended
4 for human consumption.
5 7. As used in this section, the term "horse" includes all members of
6 the equine family, including horses, ponies, donkeys, mules, asses and
7 burros; and the term "horseflesh" means the flesh of a dead horse,
8 including the animal's viscera, skin, hair, hide, hooves, and bones; the
9 term "person" means an individual, corporation, partnership, trust,
10 association or other legal entity.
11 8. A violation of this section is a misdemeanor punishable by impri-
12 sonment for not more than one year, or by a fine of not more than one
13 thousand dollars, or by both. In lieu of criminal prosecution, a
14 violation of this section shall be subject to a civil penalty of up to
15 one thousand dollars for an individual and up to five thousand dollars
16 for a corporation for the first violation. Any subsequent violation
17 shall be punishable by a civil penalty of up to twenty-five thousand
18 dollars.
19 9. Any civil penalties collected pursuant to this section of law shall
20 be payable to the animal population control fund established pursuant to
21 section ninety-seven-xx of the state finance law.
22 10. Any owner or trainer stabled at a New York racing association
23 track found to have knowingly sold a horse for slaughter will have his
24 or her stalls permanently revoked from all New York racing association
25 tracks.
26 11. The provisions of this section are in addition to, and not in lieu
27 of, any other laws protecting animal welfare. This section may not be
28 construed to limit any state law or rules protecting the welfare of
29 animals or to prevent a local governing body from adopting and enforcing
30 its own animal welfare laws and regulations.
31 12. If any provision of this section, or the application thereof to
32 any person or circumstances, is held invalid or unconstitutional, that
33 invalidity or unconstitutionality shall not affect other provisions or
34 applications of this section that can be given effect without the inval-
35 id or unconstitutional provision or application, and to this end the
36 provisions of this section are severable.
37 § 2. This act shall take effect on the one hundred twentieth day after
38 it shall have become a law.
