What's happening
This bill prohibits the sale, transport, or marketing of nonambulatory livestock for consumption, and establishes humane treatment requirements and penalties for violations.
Why it matters
Establishes clear definitions and standards for humane handling and euthanasia. , ensuring that nonambulatory (downed) livestock are not subjected to inhumane treatment such as dragging or improper lifting, and that veterinary oversight is required for their care or euthanasia.
Imposes strict limits on the movement and holding of nonambulatory animals. , only permitting transport within the same property and solely for the purpose of receiving necessary veterinary care, thereby reducing risks of further injury and suffering.
Creates new legal and financial risks for farmers and livestock handlers. , making each violation a separate misdemeanor offense with substantial penalties, which could incentivize more careful monitoring and prompt action when animals become nonambulatory.
Mandates the state agriculture commissioner to create detailed regulations. , potentially leading to new compliance requirements for the livestock industry and greater oversight of animal welfare practices on New York farms.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Ban Sale of Downer Animals
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to agriculture
- Referred to agriculture
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
558
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. KRUEGER, ADDABBO, BAILEY, HOYLMAN-SIGAL, 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 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.
LBD01753-01-5
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 nonambu- latory 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
2019-2020: S.2724B/A.5711A- Englebright DomesticAnimal Welfare
2021-2022: S.939 - Ag Comm
2023-2024: S.590 - 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.