NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11629
SPONSOR: Rules (Rosenthal) TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to prohib-
iting the giveaway or exchange of live fish as prizes in games, drawing,
contests, sweepstakes or promotions
PURPOSE:
This bill would prohibit fish from being used as prizes in games, draw-
ings, contests, sweepstakes, or promotions in New York State.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision two of section 358-a of the agriculture
and markets law.
Section two establishes the effective date.
JUSTIFICATION:
New York State law already prohibits the use of live animals as prizes
at carnivals, fairs, and in other settings, but excludes fish from this
prohibition. In 2022, a peer-reviewed analysis of hundreds of studies
was published in the scientific research journal Animal, finding that
fish are sentient animals capable of experiencing stress, fear, anxiety
and pain. Fish have long been used as carnival prizes, kept in in small
plastic bags under stressful conditions and given to those who may not
have the knowledge, equipment or interest in properly caring for them.
While they can live over ten years with proper care, the prize pipeline
often thrusts these animals into suboptimal or cruel conditions.
The consequences of treating these animals as disposable novelties were
illustrated by an incident at the New York State Fair where hundreds of
goldfish were discarded in dumpsters after the event ended. The incident
prompted the State Fair to suspend the use of live fish as prizes start-
ing in 2014, but fish remain available as prizes at local carnivals,
pop-up fairs, and promotional events across New York.
A growing number of states have recognized this problem and banned the
practice of giving away fish as prizes, including Iowa, Massachusetts,
South Carolina, Vermont, and Connecticut. This legislation would prevent
live fish from being handed out as novelty prizes, as is already the law
for other animals.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This bill shall take effect ninety days after it shall have become a
law.
STATE OF NEW YORK
________________________________________________________________________
11629
IN ASSEMBLY
July 29, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. 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 giveaway or exchange of live fish as prizes in games, draw-
ing, contests, sweepstakes or promotions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 358-a of the agriculture and
2 markets law, as amended by chapter 394 of the laws of 2001, is amended
3 to read as follows:
4 2. No person shall give or offer to give away as a prize, or exchange
5 or offer to exchange for nominal consideration, any live animal other
6 than purebred livestock [or fish] in any game, drawing, contest, sweeps-
7 takes or other promotion, except when any live animal is given away by
8 individuals or organizations operating in conjunction with a cooperative
9 extension education program or agricultural vocational program sanc-
10 tioned by the state education department.
11 § 2. This act shall take effect on the ninetieth day after it shall
12 have become a law. Effective immediately, the addition, amendment and/or
13 repeal of any rule or regulation necessary for the implementation of
14 this act on its effective date are authorized to be made and completed
15 on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16105-01-6
