Chapter 285
2012 -- H 7180 SUBSTITUTE A
Enacted 06/19/12
A N A C T
RELATING TO
ANIMALS AND ANIMAL HUSBANDRY -- UNLAWFUL CONFINEMENT OF A COVERED ANIMAL
Introduced
By: Representatives Serpa, Silva, Fellela, Gallison, and
Date Introduced: January 18, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Title 4 of the General Laws entitled
"ANIMALS AND ANIMAL
HUSBANDRY" is hereby
amended by adding thereto the following chapter:
CHAPTER
1.1
UNLAWFUL
CONFINEMENT OF A COVERED ANIMAL
4-1.1-1.
Definitions. – For the purposes of this
chapter:
(1) “Calf raised for
veal” means a calf of the bovine species kept for the purpose of
producing the food product referred to as veal.
(2) “Crate” means a
“gestation crate” for sows or a “veal crate” for calves.
(3) “Farm” means the
land, building, support facilities, and other equipment that are
wholly or partially used for the commercial production of
animals or animal products used for
food or fiber; and does not include live animal markets.
(4) “Farm owner or
operator” means any person who owns or controls the operation of a
farm, and does not include any non-management employee,
contractor, or consultant.
(5) “Fully extending
the animal’s limbs” means fully extending all limbs without
touching the side of an enclosure.
(6) “Person” means
any individual, firm, partnership, joint venture, association, limited
liability company, corporation, estate, trust, receiver, or
syndicate.
(7) “Sow during
gestation” means a pregnant pig of the porcine species kept for the
purpose of breeding.
(8) “Turning around freely”
means turning in a complete circle without any impediment
including a tether, and without touching the side of a crate.
4-1.1-2.
Purpose. – The purpose of this chapter, subject
to exceptions set forth in section
4-1.1-4, is to prohibit the confinement
of calves raised for veal and sows during gestation.
4-1.1-3.
Unlawful confinement. -- Notwithstanding any
other provision of law, a person
is guilty of unlawful confinement of a sow or calf if
the person is a farm owner or operator who
knowingly tethers or confines any sow or calf in a manner that
prevents such animal from turning
around freely, lying down, standing up, or fully extending
the animal’s limbs.
4-1.1-4.
Exceptions. -- This section shall not apply:
(1) During medical
research.
(2) Temporary
confinement prior to and during examination, testing, individual treatment
or operation for veterinary purposes.
(3) During
transportation.
(4) During rodeo
exhibitions, state or county fair exhibitions, 4-H programs, and similar
exhibitions or educational programs.
(5) During temporary
confinement for animal husbandry purposes for no more than six
(6) hours in any twenty-four
(24) hour period unless ordered by a licensed veterinarian.
(6) During the humane
slaughter of a sow or pig accordance with the provisions of
chapter 4-17, and other applicable laws and regulations.
(7) To a sow during
the fourteen (14) day period prior to the sows expected date of giving
birth and extending for a duration of time until the
piglets are weaned. This period may be
modified upon the order of a licensed veterinarian.
(8) To calves being
trained to exhibit.
(9) To calves being
trained to accept routine confinement in dairy and beef housing.
4-1.1-5.
Penalty. -- (a) The
provisions of this chapter are in addition to, and not in lieu of,
any other laws protecting animal welfare. This chapter
may not be construed to limit any other
state laws 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.
(b) It is not an
affirmative defense to alleged violations of this chapter that the calf or sow
was kept as part of an agricultural operation and in
accordance with customary animal husbandry
or farming practices.
(c) Any person who
violates the provisions of this chapter or any rules or regulations
promulgated hereunder shall be fined not less than fifty dollars
($50.00) nor exceeding five
hundred dollars ($500), or both.
4-1.1-6.
Severability. – If any provision of this
chapter or the application thereof to any
person or circumstances, is held invalid or
unconstitutional, that invalidity or unconstitutionality
shall not affect other provisions or applications of this
chapter that can be given effect without the
invalid or unconstitutional provision or application, and to
this end the provisions of this chapter
are declared to be severable.
SECTION 2. This act shall take effect one year after its
passage.
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LC00581/SUB A
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