Enacts the "prevention of farm animal cruelty act"

BILL NUMBER:A8597A

Title of bill

An act to amend the agriculture and markets law, in relation to enacting the prevention of farm animal cruelty act

Purpose: This legislation enacts the "Prevention of Farm Animal Cruelty Act to safeguard farm animals from inhumane treatment or living conditions; which could lead to, among other conditions, the manifestation of widespread and fatal viral and bacterial diseases.

Summary of Provisions: The agriculture and markets law is amended by adding a new section 380: Prohibited Treatment of Farm Animals.

Justification: Animal Feeding Operations (AFO's) are defined by the U.S. Environmental Protection Agency (EPA) as agricultural enterprises where feed is brought to the animals in a confined area which includes feed for the animals, manure, urine, and dead animals. Concentrated Animal Feeding Operations (CAFO's) are AFO's that are defined by the size of the area that is much smaller than the traditional pasture operations. There is no room to for the animals to lie down, turn around freely nor extend their limbs. If farm animals are kept for at least 45 days where there is no grass or other vegetation, this is considered to be an AFO. Many times farm animals are tethered so movement is not allowed and more animals can be crowded into the pen. This is a means of control that can cause psychological damage and neurotic, anxious and often aggressive behavior. The number of CAFO's increased 230 percent between 1982 and 2002 according to a news article citing a Government Accounting Office summary from September 2008.

The extreme closeness of animals and unsanitary conditions can be complicated by intense feeding to add weight fast and the addition of genetically modified organisms. Then high levels of antibiotics are given due to the potential for diseases to occur. Prevalent diseases include swine influenza virus (SIV), porcine reproductive and respiratory syndrome (PRRS), salmoneltosis, and other various viral and bacterial diseases.

CAFO's and AFO's need to be examined further to reduce the possibility of diseased animals who may be a part of the food chain. Environmental issues from these confined agriculture enterprises are well documented and receive monitoring from the U.S. EPA but, little has been done to fully examine the possible negative consequences of confined animals.

Some states have passed legislation banning cruel confinement of farm animals. California reorganized a new Senate Committee on Food and Agriculture to look at sustainable agriculture and animal welfare. Other states at various stages of banning tethering and confinement techniques include Arizona, Oregon and Colorado.

Fiscal Implications: None to the state.

Legislative History: New Bill.

Effective Date: The act shall take effect on the one hundred eightieth day after it shall have become a law, provided that effective

immediately, the commissioner of agriculture and markets is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement the provisions of this act on its effective date on or before such date.