What's happening
This bill bans the confinement of certain farm animals in ways that prevent them from moving freely, with specific exceptions.
Why it matters
Sets clear animal welfare standards for farms. By defining specific requirements for the space and movement of pigs during pregnancy, calves raised for veal, and egg-laying hens, the bill directly impacts how large-scale animal agriculture must operate, potentially requiring significant changes to current housing systems.
Creates enforceable criminal penalties. Violations are classified as a class A misdemeanor, which means individuals or businesses that fail to comply could face up to a year in jail and/or a fine up to $1,000—making this more than just a symbolic law and giving it substantial teeth.
Allows local governments to go further. The bill explicitly permits towns, cities, and counties to adopt even stricter animal welfare laws, as long as they do not conflict with the minimum protections in this bill—potentially leading to stronger standards in some areas.
Exempts certain common practices and situations. The law carves out exceptions for transportation, exhibitions, slaughter, research, veterinary care, and a short period before pigs give birth, balancing animal welfare concerns with practical agricultural and industry needs.
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Who cares
Headline styles
End Farm Animal Confinement
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
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 Cruel Animal Confinement
In Assembly Committee · Agriculture · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
657
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. BOYLE, SEPULVEDA -- 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 the confinement of animals for food producing purposes
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 353-g to read as follows:
§ 353-g. Confinement of animals for food producing purposes. 1. For purposes of this section, the following terms shall have the following meanings:
(a) "Calf raised for veal" means any calf of the bovine species kept for the purpose of producing the food product described as veal.
(b) "Covered animals" means any pig during pregnancy, calf raised for veal, or egg-laying hen who is kept on a farm.
(c) "Egg-laying hen" means any female domesticated chicken, turkey, duck, goose, or guinea fowl kept for the purpose of egg production.
(d) "Enclosure" means any cage, crate, or other structure (including what is commonly described as a "gestation crate" for pigs, a "veal crate" for calves, or a "battery cage" for egg-laying hens) used to confine a covered animal.
(e) "Farm" means the land, building, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food or fiber, and does not include live animal markets.
(f) "Fully extending its limbs" means fully extending all limbs without touching the side of an enclosure, including, in the case of egglaying hens, fully spreading both wings without touching the side of an enclosure or other egg-laying hens.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02497-01-9
S. 657 2
(g) "Person" means any individual, corporation, partnership, association, or other legal entity.
(h) "Pig during pregnancy" means any pregnant pig of the porcine species kept for the primary purpose of breeding.
(i) "Turning around freely" means turning in a complete circle without any impediment, including a tether, and without touching the side of an enclosure.
2. It shall be unlawful for any person to tether or confine any covered animal, as defined in subdivision one of this section, on a farm for all or the majority of any day, in a manner that prevents such animal from lying down, standing up and fully extending its limbs and turning around freely.
3. This section shall not apply during the following lawfully performed activities:
(A) Transportation,
(B) Exhibitions at rodeos, fairs, youth programs, and similar exhibitions,
(C) Slaughtering process,
(D) Scientific or agricultural research,
(E) Examination, testing, individual treatment or operation for veterinary purposes,
(F) To a pig during the seven-day period prior to the pig's expected date of giving birth.
4. A violation of the provisions of this section is a class A misdemeanor punishable by imprisonment for a period not to exceed one year, or by a fine not to exceed one thousand dollars, or by both such fine and imprisonment.
5. Nothing contained in this section shall prevent any town, city, village or county in New York state from enacting a local law or ordinance to provide for the humane treatment of and prevention of cruelty to farm animals, provided, however, that no such law shall conflict with the provisions of this section.
6. Nothing contained in this section shall be construed to reduce the protection afforded to farm animals under any other section of this article or any other law or regulation. Nothing in this section shall be construed to limit or restrict agents or officers of societies for the prevention of cruelty to animals or the police from enforcing the other provisions of this article or any other law or regulation relating to the humane treatment of or cruelty to animals.
7. This section shall be enforced by the department, and any agent and officer of any duly incorporated society for the prevention of cruelty to animals may issue an appearance ticket pursuant to section 150.20 of the criminal procedure law, summons or arrest, and bring before a court or magistrate having jurisdiction, any person offending against any of the provisions of this section.
§ 2. This act shall take effect twenty-four months 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 the confinement of animals for food producing purposes
Purpose
This bill phases out pig gestation crates, veal crates and hen battery cages.
Summary of specific provisions
Section 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.
Read the full memo (739 words)
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 previ- ous 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.
Subdivision 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 forth 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 cannot 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. 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 provid- er, 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. 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 Arizona voters banned both vote. In 2007, the Oregon a2006,62-38% legislature banned gestation crates and in 2008, the Colo- rado legislature banned both gestation crates and veal crates. Califor- nia voters recently 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.
Legislative history
2017-18 Referred to Agriculture 2015-16: A.372-A - Referred to Agriculture; S.3999 - Referred to Agri- culture 2013-14: A.424 - Referred to Agriculture 2011-12: A.1928 - Referred to Agriculture 2009-10: A.8163 - Referred to Agriculture
Fiscal implications
None to the State.
Effective date
This bill shall take effect twenty-four months 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.