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