STATE OF NEW YORK ________________________________________________________________________ 7841 2023-2024 Regular Sessions IN ASSEMBLY July 7, 2023 ___________ Introduced by M. of A. EPSTEIN, SIMON -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and market law, in relation to prohibit- ing the confinement of farm animals in a cruel manner 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 353-g to read as follows: 3 § 353-g. Farm animal cruelty. 1. For the purposes of this section, the 4 following terms shall have the following meanings: 5 (a) "breeding pig" means any female pig of the porcine species kept 6 for the purpose of commercial breeding who is six months or older or 7 pregnant; 8 (b) "business owner or operator" means any person who owns or controls 9 the operations of a business; 10 (c) "cage-free housing system" means an indoor or outdoor controlled 11 environment for egg-laying hens within which hens are free to roam unre- 12 stricted; are provided enrichments that allow them to exhibit natural 13 behaviors, including, at a minimum, scratch areas, perches, nest boxes, 14 and dust bathing areas; and within which farm employees can provide care 15 while standing within the hens' usable floorspace. Cage-free housing 16 systems include, to the extent they comply with the requirements of this 17 section, the following: 18 (i) multitiered aviaries, in which hens have access to multiple 19 elevated platforms that provide hens with usable floorspace both on top 20 of and underneath the platforms; 21 (ii) partially slatted systems, in which hens have access to elevated 22 flat platforms under which manure drops through the flooring to a pit or 23 litter removal belt below; 24 (iii) single-level all-litter floor systems bedded with litter, in 25 which hens have limited or no access to elevated flat platforms; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11479-01-3
A. 7841 2 1 (iv) any future systems that comply with the requirements of this 2 section; 3 (d) "calf raised for veal" means any calf of the bovine species kept 4 for the purpose of producing the food product described as veal; 5 (e) "confined in a cruel manner" means any one of the following acts: 6 (i) confining a covered animal in a manner that prevents the animal 7 from lying down, standing up, fully extending the animal's limbs, or 8 turning around freely; 9 (ii) after December thirty-first, two thousand twenty-four, confining 10 a calf raised for veal with less than forty-three square feet of usable 11 floorspace per calf; 12 (iii) after December thirty-first, two thousand twenty-four, confining 13 a breeding pig with less than twenty-four square feet of usable floors- 14 pace per pig; and 15 (iv) after December thirty-first, two thousand twenty-four, confining 16 an egg-laying hen with less than the amount of usable floorspace per hen 17 required by the 2017 edition of the United Egg Producers' Animal Husban- 18 dry Guidelines for U.S. Egg-Laying Flocks: Guidelines for Cage-Free 19 Housing or in an enclosure other than a cage-free housing system; 20 (f) "covered animal" means any calf raised for veal, breeding pig, or 21 egg-laying hen who is kept on a farm; 22 (g) "egg-laying hen" means any female domesticated chicken, turkey, 23 duck, goose, or guineafowl kept for the purpose of egg production; 24 (h) "enclosure" means a structure used to confine a covered animal or 25 animals; 26 (i) "farm" means the land, building, support facilities, and other 27 equipment that are wholly or partially used for the commercial 28 production of animals or animal products used for food or fiber; and 29 does not include live animal markets, establishments at which mandatory 30 inspection is provided under the Federal Meat Inspection Act (21 U.S.C. 31 Sec. 601 et seq.), or official plants at which mandatory inspection is 32 maintained under the federal Egg Products Inspection Act (21 U.S.C. Sec. 33 1031 et seq.); 34 (j) "farm owner or operator" means any person who owns or controls the 35 operations of a farm; 36 (k) "fully extending the animal's limbs" means fully extending all 37 limbs without touching the side of an enclosure, or another animal; 38 (l) "liquid eggs" means eggs of an egg-laying hen broken from the 39 shells, intended for human food, with the yolks and whites in their 40 natural proportions, or with the yolks and whites separated, mixed, or 41 mixed and strained. Liquid eggs do not include combination food 42 products, including pancake mixes, cake mixes, cookies, pizzas, cookie 43 dough, ice cream, or similar processed or prepared food products, that 44 are comprised of more than liquid eggs, sugar, salt, water, seasoning, 45 coloring, flavoring, preservatives, stabilizers, and similar food addi- 46 tives; 47 (m) "person" means any individual, firm, partnership, joint venture, 48 association, limited liability company, corporation, estate, trust, 49 receiver, or syndicate; 50 (n) "pork meat" means meat of a pig of the porcine species, intended 51 for use as human food; 52 (o) "sale" means a commercial sale by a business that sells any item 53 covered by this section, but does not include any sale undertaken at an 54 establishment at which mandatory inspection is provided under the Feder- 55 al Meat Inspection Act (21 U.S.C. Sec. 601 et seq.), or any sale under- 56 taken at an official plant at which mandatory inspection is maintained
A. 7841 3 1 under the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et 2 seq.). For purposes of this section, a sale shall be deemed to occur at 3 the location where the buyer takes physical possession of an item 4 covered by subdivision two of this section; 5 (p) "shell egg" means a whole egg of an egg-laying hen in its shell 6 form, intended for use as human food; 7 (q) "turning around freely" means turning in a complete circle without 8 any impediment, including a tether, and without touching the side of an 9 enclosure or another animal; 10 (r) "uncooked" means requiring cooking prior to human consumption; 11 (s) "usable floorspace" means the total square footage of floorspace 12 provided to each covered animal, as calculated by dividing the total 13 square footage of floorspace provided to the animals in an enclosure by 14 the number of animals in that enclosure. In the case of egg-laying hens, 15 usable floorspace shall include both groundspace and elevated level flat 16 platforms upon which hens can roost, but shall not include perches or 17 ramps; 18 (t) "veal meat" means meat of a calf raised for veal intended for use 19 as human food; 20 (u) "whole pork meat" means any uncooked cut of pork, including bacon, 21 ham, chop, ribs, riblet, loin, shank, leg, roast, brisket, steak, 22 sirloin, or cutlet, that is comprised entirely of pork meat, except for 23 seasoning, curing agents, coloring, flavoring, preservatives, and simi- 24 lar meat additives. Whole pork meat does not include combination food 25 products, including soups, sandwiches, pizzas, hot dogs, or similar 26 processed or prepared food products, that are comprised of more than 27 pork meat, seasoning, curing agents, coloring, flavoring, preservatives, 28 and similar meat additives; and 29 (v) "whole veal meat" means any uncooked cut of veal, including chop, 30 ribs, riblet, loin, shank, leg, roast, brisket, steak, sirloin, or 31 cutlet, that is comprised entirely of veal meat, except for seasoning, 32 curing agents, coloring, flavoring, preservatives, and similar meat 33 additives. Whole veal meat does not include combination food products, 34 including soups, sandwiches, pizzas, hot dogs, or similar processed or 35 prepared food products, that are comprised of more than veal meat, 36 seasoning, curing agents, coloring, flavoring, preservatives, and simi- 37 lar meat additives. 38 2. In addition to other applicable provisions of law: 39 (a) a farm owner or operator within the state shall not knowingly 40 cause any covered animal to be confined in a cruel manner; and 41 (b) a business owner or operator shall not knowingly engage in the 42 sale within the state of any of the following: 43 (i) whole veal meat that the business owner or operator knows or 44 should know is the meat of a covered animal who was confined in a cruel 45 manner; 46 (ii) whole pork meat that the business owner or operator knows or 47 should know is the meat of a covered animal who was confined in a cruel 48 manner, or is the meat of immediate offspring of a covered animal who 49 was confined in a cruel manner; 50 (iii) shell egg that the business owner or operator knows or should 51 know is the product of a covered animal who was confined in a cruel 52 manner; and 53 (iv) liquid eggs that the business owner or operator knows or should 54 know are the product of a covered animal who was confined in a cruel 55 manner. 56 3. This section shall not apply:
A. 7841 4 1 (a) during medical research; 2 (b) during examination, testing, individual treatment, or operation 3 for veterinary purposes; 4 (c) during transportation; 5 (d) during rodeo exhibitions, state or county fair exhibitions, 4-H 6 programs, and similar exhibitions; 7 (e) during the slaughter of a covered animal in accordance with the 8 provisions of this chapter, and other applicable law and regulations; 9 (f) to a breeding pig during the five-day period prior to the breeding 10 pig's expected date of giving birth, and any day that the breeding pig 11 is nursing piglets; and 12 (g) during temporary periods for animal husbandry purposes for no more 13 than six hours in any twenty-four hour period, and no more than twenty- 14 four hours total in any thirty day period. 15 4. (a) The department shall promulgate rules and regulations for the 16 implementation of this section by September first, two thousand twenty- 17 four. 18 (b) Any person who violates any of the provisions of this section is 19 guilty of a misdemeanor, and upon conviction thereof shall be punished 20 by a fine not to exceed one thousand dollars or by imprisonment for a 21 period not to exceed one hundred eighty days or by both such fine and 22 imprisonment. In addition, a violation of paragraph (b) of subdivision 23 two of this section constitutes unfair competition. 24 (c) The provisions of this section relating to cruel confinement of 25 covered animals and sale of products shall supersede any conflicting 26 regulations. 27 5. It shall be a defense to any action to enforce paragraph (b) of 28 subdivision two of this section that a business owner or operator relied 29 in good faith upon a written certification by the supplier that the 30 whole veal meat, whole pork meat, shell egg, or liquid eggs at issue was 31 not derived from a covered animal who was confined in a cruel manner, or 32 from the immediate offspring of a breeding pig who was confined in a 33 cruel manner. 34 6. The provisions of this section are in addition to, and not in lieu 35 of, any other laws protecting animal welfare. This section shall not be 36 construed to limit any state law or regulations protecting the welfare 37 of animals, nor shall anything in this section prevent a local governing 38 body from adopting and enforcing its own animal welfare laws and regu- 39 lations. 40 § 2. This act shall take effect immediately.