SENATE ECONOMIC GROWTH COMMITTEE

STATEMENT TO

[First Reprint]

ASSEMBLY, No. 2023

with committee amendments

STATE OF NEW JERSEY

DATED: JUNE 4, 2012

      The Senate Economic Growth Committee reports favorably Assembly Bill, No. 2023 (1R) with committee amendments.

      As amended, this bill, amends R.S.4:22-26 and supplements Title 4 of the Revised Statutes to prohibit a person from: 1) knowingly slaughtering a horse for human consumption purposes; 2) knowingly selling, bartering, or attempting to sell or barter, at wholesale or retail, for human consumption purposes, the flesh of a horse, or any product made in whole or in part from the flesh of a horse; 3) knowingly transporting a horse for the purpose of slaughter for human consumption; or 4) knowingly transporting horsemeat, or any product made in whole or in part from the flesh of a horse, for the purpose of human consumption.

      The amended bill would exempt from liability under its provisions, a newspaper that inadvertently, unintentionally, or unknowingly accepts or publishes advertising that includes the offering for sale, trade, or distribution of any horseflesh product in violation of the bill’s prohibitions.  However, whenever a newspaper knowingly accepts or publishes advertising that includes the offering for sale, trade, or distribution of such a product, the newspaper would not be exempt from liability and would be fully subject to the bill’s penalty provisions.

      Any person violating the amended bill’s prohibitions would be guilty of a disorderly persons offense, and would be subject to a minimum criminal penalty of $100 and imprisonment of not less than 30 days.  Such a person would additionally be liable to pay a civil fine of between $500 and $1,000 for each horse that has been slaughtered or transported for purposes of slaughter for human consumption, and for each horse carcass or meat product that has been sold, bartered, offered for sale or barter, or transported for the purpose of human consumption in violation of the bill’s provisions.

      The committee amended the bill to exempt from liability under its provisions, a newspaper that inadvertently, unintentionally, or unknowingly accepts or publishes advertising that includes the offering for sale, trade, or distribution of any horseflesh product in violation of the bill’s prohibitions; however, whenever a newspaper knowingly accepts or publishes advertising that includes the offering for sale, trade, or distribution of any horseflesh product, the newspaper would not be exempt from liability and would be fully subject to the bill’s penalty provisions.  The amended bill had previously provided an express exemption for newspapers that knowingly accepts or publishes advertising for items that may fall within the scope of the bill’s prohibitions.  The amendments also correct a grammatical and a reference error.

      As amended and reported by the committee, Assembly Bill No. 2023 (1R) is identical to Senate Bill No. 1976 which was also amended and reported by the committee on this date.