| 1 | 1 | | |
|---|
| 2 | 2 | | SENATE BILL 1325 |
|---|
| 3 | 3 | | By Kyle |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | HOUSE BILL 1261 |
|---|
| 6 | 6 | | By Jones J |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | HB1261 |
|---|
| 10 | 10 | | 003084 |
|---|
| 11 | 11 | | - 1 - |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 39, |
|---|
| 14 | 14 | | Chapter 14; Title 40, Chapter 39; Title 43; Title 44 |
|---|
| 15 | 15 | | and Title 53, relative to the treatment of animals. |
|---|
| 16 | 16 | | |
|---|
| 17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
|---|
| 18 | 18 | | SECTION 1. Tennessee Code Annotated, Title 39, Chapter 14, Part 2, is amended by |
|---|
| 19 | 19 | | adding the following as a new section: |
|---|
| 20 | 20 | | (a) As used in this section: |
|---|
| 21 | 21 | | (1) "Breeding pig" means any female pig, kept for the purpose of |
|---|
| 22 | 22 | | commercial breeding, that is six (6) months of age or older, or pregnant; |
|---|
| 23 | 23 | | (2) "Calf raised for veal" means any calf of a bovine species kept for the |
|---|
| 24 | 24 | | purpose of producing veal; |
|---|
| 25 | 25 | | (3) "Enclosure" means any structure used to confine a breeding pig or |
|---|
| 26 | 26 | | calf raised for veal; |
|---|
| 27 | 27 | | (4) "Farm" |
|---|
| 28 | 28 | | (A) Means the land and the buildings, support facilities, and |
|---|
| 29 | 29 | | equipment thereon, that are wholly or partially used for the commercial |
|---|
| 30 | 30 | | production of agricultural food products, or animals or animal products |
|---|
| 31 | 31 | | used for food or fiber; and |
|---|
| 32 | 32 | | (B) Does not include live animal markets; |
|---|
| 33 | 33 | | (5) "Farm owner or operator" means any person who owns or operates a |
|---|
| 34 | 34 | | farm in this state; and |
|---|
| 35 | 35 | | (6) "Useable floor space" means the total square footage of floor space |
|---|
| 36 | 36 | | provided to a breeding pig or a calf raised for veal, calculated by dividing the total |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | |
|---|
| 39 | 39 | | - 2 - 003084 |
|---|
| 40 | 40 | | |
|---|
| 41 | 41 | | square footage of floor space in the enclosure by the number of pigs or calves, |
|---|
| 42 | 42 | | as applicable, kept in the enclosure. |
|---|
| 43 | 43 | | (b) Except as provided in subsection (c), it is an offense for a farm owner or |
|---|
| 44 | 44 | | operator to knowingly confine a breeding pig or a calf raised for veal: |
|---|
| 45 | 45 | | (1) In a manner that prevents the animal from: |
|---|
| 46 | 46 | | (A) Lying down; |
|---|
| 47 | 47 | | (B) Standing up; |
|---|
| 48 | 48 | | (C) Fully extending all of the animal's limbs without touching the |
|---|
| 49 | 49 | | side of an enclosure or another animal; or |
|---|
| 50 | 50 | | (D) Turning in a complete circle without any impediment, |
|---|
| 51 | 51 | | including a tether, and without touching the side of an enclosure or |
|---|
| 52 | 52 | | another animal; |
|---|
| 53 | 53 | | (2) In the case of a breeding pig, within an enclosure with less than |
|---|
| 54 | 54 | | twenty-four square feet (24 sq. ft.) of useable floor space per breeding pig; or |
|---|
| 55 | 55 | | (3) In the case of a calf raised for veal, within an enclosure with less than |
|---|
| 56 | 56 | | forty-three square feet (43 sq. ft.) of useable floor space per calf. |
|---|
| 57 | 57 | | (c) It is not an offense under this section, if the confinement occurs during: |
|---|
| 58 | 58 | | (1) The conduct of medical research; |
|---|
| 59 | 59 | | (2) The conduct of an examination, testing, individual treatment, or |
|---|
| 60 | 60 | | surgery for veterinary purposes; |
|---|
| 61 | 61 | | (3) Transportation of the animal; |
|---|
| 62 | 62 | | (4) A state or county fair exhibition; |
|---|
| 63 | 63 | | (5) A 4-H program, or similar exhibition; |
|---|
| 64 | 64 | | |
|---|
| 65 | 65 | | |
|---|
| 66 | 66 | | - 3 - 003084 |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | (6) Temporary periods for animal husbandry purposes, provided the |
|---|
| 69 | 69 | | confinement is for no more than six (6) hours in a twenty-four-hour period and no |
|---|
| 70 | 70 | | more than a total of twenty-four (24) hours in a thirty-day period; |
|---|
| 71 | 71 | | (7) Humane slaughtering of the animal in accordance with all applicable |
|---|
| 72 | 72 | | laws and rules; or |
|---|
| 73 | 73 | | (8) For a breeding pig, the five-day period prior to the expected date of |
|---|
| 74 | 74 | | the breeding pig giving birth or any day the breeding pig is nursing piglets. |
|---|
| 75 | 75 | | (d) It is not an affirmative defense to an alleged violation of this section that a |
|---|
| 76 | 76 | | breeding pig or calf raised for veal is domestic livestock, or was kept as part of an |
|---|
| 77 | 77 | | agricultural operation or in accordance with customary animal husbandry or farming |
|---|
| 78 | 78 | | practices. |
|---|
| 79 | 79 | | (e) A violation of this section is a Class B misdemeanor subject to a minimum |
|---|
| 80 | 80 | | fine of two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) for |
|---|
| 81 | 81 | | each offense. Each breeding pig or calf raised for veal confined in an enclosure in |
|---|
| 82 | 82 | | violation of subsection (b) constitutes a separate offense. |
|---|
| 83 | 83 | | (f) This section does not supersede or limit the applicability of a local, federal, or |
|---|
| 84 | 84 | | state law, rule, or regulation protecting animal welfare, or prevent any local government |
|---|
| 85 | 85 | | legislative body from adopting or enacting any ordinance or resolutions concerning the |
|---|
| 86 | 86 | | protection and welfare of animals that are more stringent than this section. |
|---|
| 87 | 87 | | SECTION 2. This act takes effect July 1, 2030, the public welfare requiring it. |
|---|