Confinement of animals for food producing purposes

Summary of specific provisions

Section one subdivision one amends the agriculture and markets law by adding a new section 353-6 that defines the terms employed for the purposes of this bill. Subdivision two would make it unlawful for any person to confine any covered animal in a manner that prevents them from lying down, standing up and fully extending its limbs and turning around freely. Subdivision three lists exemptions to the rules set forth in the previous subdivision.

Subdivision four would make any violation of the provisions of this section a Class A misdemeanor. Subdivision five provides that nothing contained in this section shall conflict with humane local laws. Subdi- vision six stipulates that nothing in this section shall reduce the protection afforded to animals or the enforcement of such protection. Subdivision five sets out the enforcement mechanism for this section.

Section two sets out the effective date.

Justification

Harsh confinement within confinement crates and cages deprives calves, pigs and chickens of the ability to engage in natural behavior. Animals confined in such circumstances experience extensive and significant physical and psychological trauma.

Nationwide, about one million calves raised for veal and six million breeding sows (female pigs) suffer nearly their entire lives inside tiny crates so small the animals can't even turn around. According the Humane Society of the United States, veal factory farmers separate calves from their mothers within the first few days of birth and cram them into individual crates or stalls, tethered by their necks. Inside these enclosures, the calves can barely move.

Breeding sows suffer under similar circumstances. Gestation crates board pregnant pigs for nearly their entire four-month pregnancy. These tiny metal crates are not even large enough for the pig to move or perform natural behaviors such as cleaning themselves or simply turning around.

Veal and pork producers nationally are already in the process of phasing out veal and gestation crates. All veal producers have set a deadline of 2017 for themselves to phase out veal crates. In January 2007, Smith- field, the nation's largest pork producers, announced that they would phase out the confinement of pigs over the next decade and Cargill, the nation's 8th biggest pork producers, has also stated that they are work- ing on phasing out confinement.

The world's largest food-service provider, Compass group, is phasing out cage shell eggs for all of its 8,000 U.S. accounts. This announcement followed Bon Appetit's decision to phase out cage eggs for all of its 400 cafes, including major corporate clients such as Yahoo, Oracle Corporation, Cisco Systems, Adidas, Best Buy, and Nordstrom, Cartwells and Gukenheimer, some of the largest U.S. owned food service companies, made similar decisions.

Other entities such as Ben and Jerry's, AOL, Google, Chicago's Swedish Covenant Hospital and Omni Hotels will not serve battery cage eggs in the food that they provide to workers, clients and guests. Finally, more than 350 schools have enacted policies to eliminate or greatly decrease their use of eggs from caged hens.

These self-imposed pledges are an excellent first step, but the indus- try's best practices should be embraced across the board. American consumers are increasingly demanding the humane treatment of all animals, including those raised for food. New York State should rise to meet this demand by bringing the practices of its agricultural industry into the modern era.

This ban is not without precedent. In 2002, Florida voters banned gestation crates in a 55-45% vote. In 2006, Arizona voters banned both gestation crates and veal crates in a 62-38% vote. In 2007, the Oregon legislature banned gestation crates and in 2008, the Colorado legisla- ture banned both gestation crates and veal crates. Finally, this past November, California voters passed Proposition 2 which banned gestation crates, veal crates and battery cages by a 63.5-36.5% vote. The entire European Union has also banned both veal crates and gestation crates, effective 2007 and 2013, respectively.

Prior legislative history

A.1928 of 2011-2012 A.8163 of 2009-2010

Fiscal implications

None.

Effective date

This act shall take effect twenty-four months after it shall have become a law.