2023 New York Laws › AGM - Agriculture and Markets › Article 26 - Animals › 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.