N.Y. Agriculture & Markets Law § 385: Prohibition of slaughtering horses for human or animal consumption

§ 385. Prohibition of slaughtering horses for human or animal

consumption. 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 if any part of such horse will be used for

human or animal consumption.

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 horse to import, export, sell,

offer to sell or barter, transfer, purchase, possess, transport,

deliver, receive, give away, hold, or accept, or direct another person

to import, export, sell, offer to sell or barter, transfer, purchase,

possess, transport, deliver, receive, give away, hold, or accept a

horse, with the intent of slaughtering or having another person,

corporation, association, or other entity slaughter such horse for the

purpose of human or animal consumption.

3. 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 horseflesh to import, export,

sell, offer to sell or barter, transfer, purchase, possess, transport,

deliver, receive, give away, hold, or accept, or direct another person

to import, export, sell, offer to sell or barter, transfer, purchase,

possess, transport, deliver, receive, give away, hold, or accept

horseflesh, with the intent of slaughtering or having another person,

corporation, association, or other entity slaughter such horse for the

purpose of human or animal consumption.

4. For the purposes of this section:

(a) The term "horseflesh" shall mean the flesh of a dead horse,

including the animal's viscera, skin, hide, hooves, and bones; and

(b) The term "slaughter" shall mean the intentional killing, or having

another kill a horse if such person knows that the purpose of such

killing is using any part of such horse for human or animal consumption.

5. A violation of this section is a misdemeanor punishable by a fine

of not more than one thousand dollars per horse for an individual

person, and up to two thousand five hundred dollars per horse 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 horse for an individual person, and up to five thousand

dollars per horse for a corporation, association, or other entity.

6. The provisions of this section shall be in addition to, and not in

lieu of, any other laws protecting animal welfare. This section shall

not be construed to limit any state law or rules protecting the welfare

of animals or to prevent a local governing body from adopting and

enforcing its own animal welfare laws and regulations. Nothing in this

section shall prohibit a person from otherwise lawful disposition of a

deceased horse or any part of such horse.

7. If any provision of this section, or the application thereof to any

person or circumstances, is held invalid or unconstitutional, such

invalidity or unconstitutionality shall not affect other provisions or

applications of this section that can be given effect without the

invalid or unconstitutional provision or application, and to such end

the provisions of this section shall be severable.