N.Y. Agriculture & Markets Law § 382: Prohibition of the slaughter of race horses and race horse breeding stock

§ 382. Prohibition of the slaughter of race horses and race horse

breeding stock. 1. Notwithstanding any other provision of law, it shall

be unlawful for any person, corporation, association, or other entity to

slaughter or have another person, corporation, association, or other

entity slaughter a horse for a commercial purpose that such person,

corporation, association or other entity knows to have been a race horse

or race horse breeding stock.

2. Notwithstanding any other provision of law, it shall be unlawful

for any person, corporation, association, or other entity who owns or is

in the process of taking ownership of a race horse or race horse

breeding stock to import, export, sell, offer to sell or barter,

transfer, purchase, possess, transport, deliver, or receive, or direct

another person to import, export, sell, offer to sell or barter,

transfer, purchase, possess, transport, deliver, or receive a horse that

such person, corporation, association or other entity knows to be a race

horse or race horse breeding stock with the intent of slaughtering or

having another person, corporation, association, or other entity

slaughter such race horse or race horse breeding stock.

3. For the purposes of this section:

(a) "race horse" shall mean:

(i) a thoroughbred horse which meets or ever met the standards to be

eligible to race at any track licensed to operate pursuant to article

two of the racing, pari-mutuel wagering and breeding law; or

(ii) a standardbred horse which meets or ever met the standards to be

eligible to race at any track licensed to operate pursuant to article

three of the racing, pari-mutuel wagering and breeding law;

(b) "race horse breeding stock" shall mean: any mare or stallion used,

or intended to ever be used, to produce a foal that is intended to be

used as a race horse as defined in this subdivision, as well as the foal

bred by such a mare or stallion.

(c) "slaughter" shall mean the intentional killing, or having another

kill, a race horse or race horse breeding stock, if that person knows

that the purpose of such killing is using any part of such race horse or

race horse breeding stock for human or animal consumption. Nothing

herein shall prohibit a person from lawful disposition of a deceased

race horse or race horse breeding stock or any part of such horse or

stock.

4. (a) A violation of this section is a misdemeanor punishable by a

fine of not more than one thousand dollars per each race horse or race

horse breeding stock for an individual person and up to two thousand

five hundred dollars per each race horse or race horse breeding stock

for a corporation, association or other entity, for the first violation.

Any subsequent violation shall be punishable by a fine of up to two

thousand dollars per each race horse or race horse breeding stock for an

individual person and up to five thousand dollars per each race horse or

race horse breeding stock for a corporation, association, or other

entity.

(b) A violation of this section will subject any New York state gaming

commission license to the provisions of section two hundred twenty or

three hundred nine of the racing, pari-mutuel wagering and breeding law.

5. (a) Any and all fines collected pursuant to a violation involving a

thoroughbred horse shall be remitted to the New York state thoroughbred

breeding and development fund established pursuant to section two

hundred fifty-two of the racing, pari-mutuel wagering and breeding law,

and shall be deposited by that fund into a dedicated account to be spent

by the fund solely for the purpose of the care of retired race horses,

consistent with paragraph h of subdivision two of section two hundred

fifty-four of the racing, pari-mutuel wagering and breeding law.

(b) Any and all fines collected pursuant to a violation involving a

standardbred horse or race horse breeding stock shall be remitted to the

agriculture and New York state horse breeding development fund

established pursuant to section three hundred thirty of the racing,

pari-mutuel wagering and breeding law, and shall be deposited by that

fund into a dedicated account, to be spent by the fund solely for the

purpose of the care of retired race horses, consistent with paragraph j

of subdivision one of section three hundred thirty-two of the racing,

pari-mutuel wagering and breeding law.

6. Notwithstanding any other provision of law, each and every owner of

a race horse that has competed in New York state on or after January

first, two thousand twenty-two, or any other horse used for breeding

purposes in New York state on or after January first, two thousand

twenty-two, shall not be liable for any violation of this section with

respect to such horse if such owner can demonstrate that there is proper

documentation of a transfer of ownership to a party with no financial or

familial relationship to the owner.

7. Legal liability under this section for any race horse shall be

limited to the last individual or corporation in the chain of ownership

of said horse, as determined by notice to the breed registry as

referenced in section two hundred twenty-five of the racing, pari-mutuel

wagering and breeding law for that breed or other documentation of

ownership. Further, the purchaser or seller of any registered race horse

sold by a New York state resident or corporation who is a member of such

registry shall be required to provide notification of said sale to the

relevant breed registry in order to document ownership and protect

previous owners from liability under this section.

8. The commissioner shall develop a program, in cooperation with the

gaming commission, New York state thoroughbred breeding and development

fund, and the agriculture and New York state horse breeding development

fund to disseminate information about the provisions of this section to

horse owners, sellers, buyers and transporters including, but not

limited to farmers, recreational horse businesses, livestock and horse

dealers, horse rescue and aftercare organizations, renderers, animal

food producers, and any other organizations or businesses potentially

impacted by this section.

9. All corporations, associations, or other entities offering for sale

or purchase, thoroughbred or standardbred horses, including livestock

auction houses must have signage conspicuously posted, which shall

reference that it is illegal to sell or transfer a thoroughbred or

standardbred race horse or breeding stock for the purposes of slaughter

and explicitly state the penalties associated with the violation of this

section. Such signage shall also reference that it is illegal to sell or

transfer a horse to be slaughtered for the purpose of human or animal

consumption and explicitly state the penalties associated with the

violation of section three hundred eighty-five of this article. Such

signage shall occur no later than ninety days after the effective date

of this subdivision.