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New York's Anti-Confinement Bills

New York bill A 1928 has been filed once again in an effort to eliminate the worst of the factory farming practices, battery cages for egg laying hens, gestation crates for pregnant sows and tie stalls for veal calves.

New York state Rep. Linda Rosenthal is the sponsor.

The bill would prohibit any person from tethering or confining a pregnant sow or veal calf "for all or the majority of a day in a manner that prevents the animal from....[l]ying down, standing up and fully extending the animal's limbs; and ...[t]urning around freely." "Turning around freely" means being able to turn "in a complete circle without any impediment, including a tether, and without touching the side of an enclosure". Egg laying hens would be able to extend their wings fully, something they cannot do now in the typical factory farm.  

There would be exceptions for animals that are the subject of scientific or agricultural research; undergoing veterinary treatment and care; being transported; at a rodeo exhibition or state or county fair or 4-H or similar exhibition; or being slaughtered according to law. There would also be an exception for sows during the 7-day period prior to the sow's expected date of giving birth.

A violation would be a Class A misdemeanor which could mean a fine up to $1000 and 1 year in jail. 

This bill, if it becomes law, would take effect Jan. 1, 2015.

The sponsors explained in their justification of this bill: "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.

Veal calves"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 can't even 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.

"Battery cages used to confine hens make it impossible for them to spread
their wings or turn around. This severely restricts the hen's ability to
engage in basic natural activities including stretching their wings,
turning around, perching and dust-bathing.

"Cage-free systems would enable hens to lay their eggs in nests, walk, and spread their wings, all of which would significantly reduce the suffering, stress and injuries associated with severe crowding in cages."

There is also the New York Prevention of Farm Animal Cruelty Act, A.B. 2118, introduced by Assembly Member Joan Millman, which would apply the requirements of AB 1928 to all pigs, cows and birds kept for food production. A.B. 2118 would also prohibit (1) excessive breeding or breeding in a manner likely to cause health problems for the animal or its young; (2) gavage techniques or otherwise force feeding; (3) excessive crowded, unsanitary or unsafe conditions, including:  (a)  keeping  an animal in enclosures stacked more than two enclosures high; (b) failing to provide shelter from  inclement weather; (c) keeping trash or hazardous substances in animal areas; (d) failing to provide daily nutritious food and potable water; or (e)  failing to obtain appropriate medical care for and treatment, including non-elective surgical procedures.

The bill, AB 2118, would also prevent anyone from selling or transferring an animal to avoid liability. A violation would be a misdemeanor punishable by a fine ranging from $250 to $1,000 and up to 6 months in prison. The Div. of Ag. & Mkts would review violations and would have authority to remove animals and place them under the care of a veterinarian, animal shelter or other rescue. Violators would be required to pay reasonable costs.

To get the animals back, the violator must present a "sworn, written statement signed by a veterinarian certifying" compliance with the laws relating to humane treatment of animals.    

Peace officers or animal control could also enforce these provisions and this bill would supplement any other animal welfare laws.

The anti-confinement movement in other states

Recently, Maine joined Colorado and Arizona in banning these cruel practices for pregnant sows and veal calves. In 2009 Michigan joined California in banning cruel confinement for egg laying hens as well. Oregon and Florida ban cruel confinement of pregnant sows.

For more on the cruelty of these practices, go here.  

WHAT YOU CAN DO

Find New York Assembly members here including your own if you live in that state. Write and then follow up with a call to urge members to vote yes to AB 1928 and AB 2118 and end the worst of factory farming abuses.

Contact Agriculture Committee members here. They are currently considering the bills, A. 1928 and A 2118.

Assembly Bill 8163

I fear this bill does not stand a chance of passage unless the public gets involved. New York is not like other states. Instead of Red-Blue, it is Upstate-Downstate with most of the agriculture Upstate. The bill needs a "name" and a grass roots movement to force legislators to take it seriously. The Farm Bureau and its progeny is working very hard to make sure this bill goes nowhere. The people of New York need to counterbalance the influence of the farm animal lobby.