A04611 Summary:

SPONSORRosenthal L
Add §382, Ag & Mkts L
Prohibits the shipment of certain live animals by postal mail into, within, or to points outside of the state of New York and provides for a civil penalty not to exceed one thousand dollars per violation.
Go to top    

A04611 Actions:

02/04/2021referred to agriculture
01/05/2022referred to agriculture
Go to top

A04611 Committee Votes:

Go to top

A04611 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A04611 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to prohib- iting the shipment of certain live animals by postal mail   PURPOSE: This legislation will prohibit the shipment of live animals by mail.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the agriculture and markets law by adding a new section 382. Section two establishes the effective date.   JUSTIFICATION: Following changes to the United States Postal Service (USPS) that resulted in slower mail delivery, it was reported in August 2020 that thousands of live chicks were being delivered dead in the northeast. Live chicks, shipped from hatcheries, were mishandled by the USPS, and in many cases, left inside warehouses for days before being delivered. In Maine, farmers reported receiving at least 4,800 dead chicks from hatcheries. The United States Postal Service accepts shipments of live chicks and adult birds as well as "small, harmless, cold-blooded animals" such as frogs and lizards. Other mail carriers, such as UPS and FedEx, also accept reptiles and amphibians for. shipment. While precautions are taken to ensure safe delivery of animals, when delays occur it is always to the detriment of the animal. Animals are living beings and should not be transported like cargo. Several veterinarians have also expressed concern over the shipment of live animals, particularly birds, by postal mail. Among the issues presented by veterinarians, they describe the inability to properly regulate the temperature necessary to keep birds warm. Further, when chicks are shipped they are typically newly hatched and are then kept inside a dark box for the first days of their lives, a critical learning period when they would otherwise already be learning skills from other birds in the flock. (United Poultry Concerns. " Veterinary Assessment of Shipping Live Birds as Airmail"   HTTPS://WWW.UOCONLINE.ORE/TRANSPORT/ 71408SHIONINGBIRDS.HTML) This legislation will protect the well-being of animals by prohibiting the shipment of mammals, birds, reptiles and amphibians through postal mail.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A04611 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2021
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Agriculture
        AN ACT to amend the agriculture and markets law, in relation to  prohib-
          iting the shipment of certain live animals by postal mail
          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 the shipping of live animals by postal mail. 1.
     4  It shall be unlawful for any person, firm, partnership or corporation to
     5  mail or offer for mailing a live animal by postal mail  into  or  within
     6  the  state  of  New York or from the state of New York to points outside
     7  the state of New York.  As used in this  section,  "live  animal"  shall
     8  mean  any  mammal, bird, reptile, or amphibian. "Postal mail" shall mean
     9  mail that is processed and delivered by the United States postal service
    10  or other mail carrier.  A person, firm, partnership or corporation shall
    11  be considered to have mailed or offered for mailing  a  live  animal  in
    12  violation  of this section when such person, firm, partnership or corpo-
    13  ration causes such live animal and applicable postage or shipping fee to
    14  be physically placed in the  possession  of  the  United  States  postal
    15  service or other mail carrier.
    16    2.  A violation of this section shall be punishable by a civil penalty
    17  not to exceed one thousand dollars.  Each such violation shall be deemed
    18  a separate violation with respect to each animal mailed or  offered  for
    19  mailing.
    20    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
Go to top