Confinement of certain animals for food producing purposes

1 Co-sponsor

• Tony Avella

BILL NUMBER:S59A

Title of bill

An act to amend the agriculture and markets law, in relation to the confinement of certain animals for food producing purposes

Purpose

This bill will phase out pig gestation crates and veal crate cages by 2016.

Summary of provisions

Section 1 subdivision one amends the agriculture and markets law by adding a new section 353-g 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 3 lists exemption's to the rules set forth in the previous subdivision, Subdivision 4 would make any violation of the provisions of this section a Class A misdemeanor. Subdivision 5 provides that nothing contained in this section shall conflict with humane local laws. Subdivision 6 stipulates that nothing in this section shall reduce the protection afforded to animals or the enforcement of such protection. Subdivision 7 sets out the enforcement mechanism for this section.

Section 2 sets out the effective date.

Justification

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

Nationwide, about 1 million calves raised for veal and 6 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, Smithfield, the nation's largest pork producer, announced that they would phase out the confinement of pigs over the next decade and

Cargill, the nation's eighth biggest pork producer, has also stated that it is working on phasing out confinement.

Bans on gestation crates are 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 2007, the Oregon legislature banned gestation crates and in 2006, the Colorado legislature 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. The entire European Union has also banned both veal crates and gestation crates, effective 2007 and 2013, respectively.

Legislative history

A.9449/2012

Fiscal implications

None.

Effective date

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