* § 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.

Terms Used In N.Y. Agriculture and Markets Law 385

  • Animal: as used in this article , includes every living creature except a human being;

    2. See N.Y. Agriculture and Markets Law 350
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

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.

* NB Effective April 11, 2024

  Previous section
Next section  
 Article 26 Contents