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S2724Senate2019-2020 SessionSame asA5711

Ban Sale of Downed Animals

Official title

“Prohibits any person from transporting or selling a nonambulatory animal unless such animal is humanely euthanized”

Sponsor Liz KruegerSD-28+5 co-sponsors
Status
In Senate Committee
Domestic Animal Welfare
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Domestic Animal Welfare

What's happening

This bill prohibits the sale, transport, or inhumane handling of nonambulatory livestock, requiring humane treatment or euthanasia and establishing penalties for violations.

Why it matters

  1. Expands legal definitions and responsibilities. The bill introduces clear definitions for terms such as "nonambulatory animal," "humane handling," and "veterinary treatment," specifying exactly what actions are considered humane or inhumane, and who is responsible for making treatment decisions. This provides less ambiguity for farmers, transporters, and regulators.

  2. Limits movement and use of nonambulatory animals. It strictly prohibits buying, selling, giving, receiving, or marketing nonambulatory livestock for consumption, with very narrow exceptions for on-farm veterinary treatment. This closes loopholes that previously allowed severely sick or injured animals to enter the food supply or be transported inhumanely.

  3. Mandates veterinary involvement and protocols. The law requires that only licensed veterinarians (or protocols they've provided) can determine whether such animals should be treated or euthanized, ensuring that decisions are made based on animal welfare rather than economic convenience.

  4. Establishes clear penalties and daily enforcement. By making each violation (and each day a violation continues) a separate misdemeanor offense, with fines and possible jail time, the bill creates strong incentives for compliance and gives authorities tools for robust enforcement.

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Who cares

Headline styles

Ban Sale of Downed Animals

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Liz Krueger

Senator · Senate District 28

Chair, Finance

History

  1. Referred to domestic animal welfare
  2. Recommitted to rules
  3. Amended on third reading 2724b
  4. Amended on third reading (t) 2724a
  5. Ordered to third reading cal.999
  6. Committee discharged and committed to rules
  7. Referred to domestic animal welfare

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.

A5711Assembly

Ban Transport of Downed Animals

In Assembly Committee · Agriculture · Sponsor Steven Englebright

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2724--B Cal. No. 999

2019-2020 Regular Sessions

IN SENATE

January 29, 2019

Introduced by Sens. KRUEGER, ADDABBO, BAILEY, HOYLMAN, MARTINEZ, STAVI- SKY -- read twice and ordered printed, and when printed to be committed to the Committee on Domestic Animal Welfare -- committee discharged and said bill committed to the Committee on Rules -ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading

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 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 sled-

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

[ ] is old law to be omitted.

LBD06763-04-9

S. 2724--B 2

like 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, 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.

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 transport or hold, buy, sell, give, receive, or market a nonambulatory animal for human or animal consumption.

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 euthanize' which Includes that chemical means may be used 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 adminis- tering veterinary treatment. A nonambulatory animal must be handled humanely and at no time shall the animal be dragged, pushed with a trac- tor, 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 given 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 slaughter- house 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

2005-2006: S.5735/.NSA Agriculture comm. 2007-2008: S.3352/A.10564 - Englebright Ag Comm 2009-2010: S.751/A.5512 - Englebright Ag Comm 2011-2012: S.427/A.4615 - Englebright Ag Comm 2013-2014: S.3439A/A.5490A - Englebright AG Comm 2015-2016: S.2783/A.2222 - Englebright Ag Comm 2017-2018: S.4169/A.6613 - Englebright Ag Comm

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.