Ban Transport of Downed Animals

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 an injectable drug or drugs, that will render 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 full body support. Use of a sling, stoneboat, or other sledlike or wheeled conveyances should be used to move a nonambulatory animal wherever possible. In no event shall a nonambulatory animal be dragged, pushed with a tractor, forklift, or other equipment, lifted,

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06763-05-9

A. 5711--A 2

unless with full body support, or otherwise moved inhumanely for purposes of convenience. In the limited circumstances where, in the course of veterinary treatment, the veterinarian makes a reasonable and good faith determination that the safest and most humane way to move the animal is with a tractor or other equipment, this is permissible. Hip clamps shall not be used to move a nonambulatory animal. Where an animal must be lifted to a standing position and not moved, the use of a hip clamp or other equipment is allowed after consulting with a veterinarian. Where the veterinarian makes a reasonable and good faith determination that the safest and most humane way to lift the animal is with a hip clamp or other equipment, this is permissible; and

(f) "Veterinary treatment" means that a licensed veterinarian shall determine whether a nonambulatory animal requires medical attention or rehabilitation, or humane euthanasia. A veterinarian with an established veterinary client patient relationship with a farm shall provide a protocol for use by a farmer to assist in determining whether a nonambulatory animal requires medical attention or rehabilitation, or humane euthanasia. A person shall follow the protocol provided by a veterinarian when the veterinarian cannot provide veterinary treatment without undue delay.

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 for human or animal consumption.

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.