S01497 Summary:

BILL NOS01497
 
SAME ASSAME AS A01102
 
SPONSORTEDISCO
 
COSPNSRADDABBO, SEPULVEDA
 
MLTSPNSR
 
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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S01497 Actions:

BILL NOS01497
 
01/15/2019REFERRED TO AGRICULTURE
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S01497 Committee Votes:

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S01497 Floor Votes:

There are no votes for this bill in this legislative session.
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S01497 Memo:

Memo not available
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S01497 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1497
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 15, 2019
                                       ___________
 
        Introduced  by  Sens.  TEDISCO,  ADDABBO,  SEPULVEDA  --  read twice and
          ordered printed, and when printed to be committed 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
    23  where  such  person knows or should know that such horse is intended for
    24  slaughter for human consumption.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05040-01-9

        S. 1497                             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. The provisions of this section are in addition to, and not in lieu
    23  of, any other laws protecting animal welfare. This section  may  not  be
    24  construed  to  limit  any  state  law or rules protecting the welfare of
    25  animals or to prevent a local governing body from adopting and enforcing
    26  its own animal welfare laws and regulations.
    27    11. If any provision of this section, or the  application  thereof  to
    28  any  person  or circumstances, is held invalid or unconstitutional, that
    29  invalidity or unconstitutionality shall not affect other  provisions  or
    30  applications of this section that can be given effect without the inval-
    31  id  or  unconstitutional  provision  or application, and to this end the
    32  provisions of this section are severable.
    33    § 2. This act shall take effect on the one hundred twentieth day after
    34  it shall have become a law.
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