Colton, 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.
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.
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.
