What's happening
This bill prohibits the sale, transport, or marketing of nonambulatory livestock in New York, except for limited veterinary care, and establishes penalties for violations.
Why it matters
Targets animal welfare concerns. By prohibiting the sale, transport, and marketing of nonambulatory (downed) livestock, the bill aims to prevent the mistreatment and suffering of animals that are too sick or injured to stand or walk, ensuring they are not subjected to further harm in the supply chain.
Limits exceptions to veterinary care. The only exception to the prohibition is for the humane movement of the animal on the same property for immediate veterinary treatment, which must occur without undue delay, thus prioritizing animal health and preventing prolonged suffering.
Establishes clear penalties and enforcement. Violations are classified as misdemeanors, with potential fines and imprisonment, and each day or instance of violation is considered a separate offense, creating strong deterrents against noncompliance.
Defines humane handling and euthanasia standards. The bill explicitly describes acceptable methods for moving and euthanizing nonambulatory animals, preventing inhumane practices such as dragging or improper lifting, and mandating that euthanasia immediately renders the animal unconscious until death.
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Who cares
Headline styles
Ban Sale of Downed Animals
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to agriculture
- Referred to agriculture
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Sale of Downed Animals
In Assembly Committee · Agriculture · Sponsor Steven Englebright
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4169
2017-2018 Regular Sessions
IN SENATE
February 6, 2017
Introduced by Sens. KRUEGER, ADDABBO, BAILEY, HOYLMAN, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to nonambulatory animals
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The agriculture and markets law is amended by adding a new section 357-a to read as follows:
§ 357-a. Nonambulatory animals. 1. Definitions. For the purposes of this section, the following terms shall have the following meanings:
(a) "Person" means any individual, corporation, partnership, association, municipality, or other legal entity;
(b) "Nonambulatory animal" means any domestic sheep, cattle or swine that is raised for commercial or subsistence purposes and that is unable to stand and walk without assistance;
(c) "Humanely euthanize" means to kill an animal by a single blow of a penetrating captive bolt or gun shot, or by chemical means, restricted to the use of pentobarbital solution in an overdose concentration, that immediately renders the animal unconscious, with complete unconsciousness remaining until death;
(d) "Undue delay" means any delay beyond that which is reasonably necessary to carry out prompt, humane euthanasia or to administer prompt, appropriate and necessary veterinary treatment, or to carry out prompt, humane handling and transport of the nonambulatory animal pursuant to this subdivision and subdivision three of this section;
(e) "Humane handling" means that a nonambulatory animal shall only be moved with a sling, stoneboat, or on other sled-like or wheeled conveyances. In no event shall a nonambulatory animal be dragged, pushed with a tractor, forklift, or other equipment, lifted, unless with full body support, or otherwise moved inhumanely.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03246-01-7
S. 4169 2
(f) "Veterinary treatment" means that a licensed veterinarian shall determine whether a nonambulatory animal requires medical attention or rehabilitation, or humane euthanasia.
2. No person shall transport or hold, except as provided in subdivision three of this section, buy, sell, give, receive, or market a nonambulatory animal.
3. (a) A nonambulatory animal may be transported, provided such transport is in compliance with paragraph (e) of subdivision one of this section, where the animal becomes nonambulatory on the property of a farmer who has bred or raised the animal, without undue delay from the time the animal becomes nonambulatory, to another location on that same property, solely for the purpose of administering to the animal appropriate and necessary veterinary treatment.
(b) A nonambulatory animal may be held on the property of a farmer who has bred or raised the animal for a brief period of time which is reasonably necessary to obtain veterinary treatment of the nonambulatory animal pursuant to this subdivision. Such veterinary treatment shall be administered without undue delay from the time the animal becomes nonambulatory.
4. Under no circumstances shall a nonambulatory animal be transported or held for any purpose other than that permitted in this section.
5. Any person who violates any provision of this section shall be guilty of a misdemeanor, punishable by imprisonment of not more than one year, or by a fine of not more than two thousand five hundred dollars, or by both such fine and imprisonment. Each day on which a violation of this section occurs and each instance of a prohibited action under this section shall constitute a separate offense.
6. The commissioner shall promulgate rules and regulations to carry out the provisions of this section.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the agriculture and markets law, in relation to nonambulatory animals
Purpose of bill
This bill provides for the humane treatment of nonambulatory domestic animals with respect to transport, veterinary care, and euthanasia.
Summary of specific provisions
Section 1 of this bill amends the Agriculture and Markets Law by adding a new § 357-a to provide that no individual shall buy, sell, give, transfer or transport a nonambulatory animal unless proper veterinary treatment has been administered.
A nonambulatory animal is defined as any domestic animal that is raised for commercial or subsistence purposes and that is unable to stand and walk without assistance.
The section also defines terms including 'humanely euthanized' which has been amended in the A print to clarify that chemical means is restricted to the use of pentobarbital solution in an overdose concentration- that immediately renders the animal unconscious until death.
However, a nonambulatory animal may be temporarily held or humanely transported, where the animal becomes nonambulatory on the property of a farmer who has bred or raised the animal, for the purposes of administering veterinary treatment. A nonambulatory animal must be handled humanely and at no time shall the animal be dragged, pushed with a tractor, forklift or other equipment.
Any individual who violates the provisions of this section shall be guilty of a misdemeanor, punishable by imprisonment of not more than one year or by a fine of not more than $2500, or by both. The commissioner shall promulgate rules and regulations to carry out the provisions of this section.
Section 2 is the effective date.
Justification
This proposal would amend the Agriculture and Markets law to provide that a nonambulatory 'downed" animal be givers appropriate veterinary care or be humanely euthanized. All too often downed animals are left to suffer until it is convenient to take them to slaughter. In many cases, the animals die of neglect or are moved by the easiest but least humane ways. Often they are dragged or pushed with tractors and forklifts which may cause additional injuries ranging from bruises and abrasions to torn ligaments and broken bones. This legislation would ensure the humane treatment of animals while they are being transported to a slaughterhouse or auction. Animals that are unable to walk due to illness or injury endure extreme pain and suffering, which becomes even more acute when they are inhumanely transported.
In addition to the important humane facets of this proposal, it is important to note that this legislation prevents the nonambulatory animal from entering the nations food supply.
Legislative history
2009-2010: S.751/A.5512 2011-2012: S.427/A.4615 2013-2014: S.3439A/A.5490A 2015-2016: S.2783/A.2222
Effective date
This act shall take effect on the 120th day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.