Sponsored by:
Senator RAYMOND J. LESNIAK
District 20 (Union)
Assemblyman GILBERT "WHIP" L. WILSON
District 5 (Camden and Gloucester)
Assemblywoman ANGELICA M. JIMENEZ
District 32 (Bergen and Hudson)
Assemblyman THOMAS P. GIBLIN
District 34 (Essex and Passaic)
Assemblyman CARMELO G. GARCIA
District 33 (Hudson)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Co-Sponsored by:
Senator Turner, Assemblywoman Jasey, Assemblyman Diegnan, Assemblywoman Vainieri Huttle, Assemblymen McKeon and Coughlin
SYNOPSIS
Directs State Board of Agriculture and Dept. of Agriculture to adopt regulations concerning confinement of pregnant sows during gestation.
CURRENT VERSION OF TEXT
As reported by the Senate Economic Growth Committee on January 30, 2014, with amendments.
An Act concerning confinement of pregnant sows during gestation and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. For the purposes of this section:
“Enclosure” means any cage, crate, stall, or other structure used for confinement of an animal, including what is commonly described as a “gestation crate.”
“Fully extending the limbs of the animal” means fully extending all limbs without touching the side of an enclosure.
“Sow during gestation” means a pregnant female pig kept for the purpose of breeding.
“Turning around freely” means turning in a complete circle without any impediment and without touching the side of an enclosure.
b. Within six months after the date of enactment of this act, the State Board of Agriculture, in consultation with the Department of Agriculture, shall develop and adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) and with an effective date of no later than December 31, 2017, rules and regulations:
(1) prohibiting the confinement of any sow during gestation in an enclosure in a manner that prevents the sow from turning around freely, lying down, standing up, or fully extending the limbs of the animal; and
(2) establishing penalties for violations of such rules and regulations.
c. The rules and regulations developed and adopted pursuant to subsection b. of this section may include exceptions for the following activities only:
(1) medical research involving pigs;
(2) examination, testing, individual treatment, or operation for veterinary purposes, but only if performed by or under the direct supervision of a licensed veterinarian;
(3) transportation of sows;
(4) State or county fair exhibitions, 4-H programs, and similar exhibitions;
(5) temporary confinement for animal husbandry purposes for no more than six hours in any 24-hour period;
(6) humane slaughter in accordance with applicable laws, rules 1,1 and regulations; and
(7) the seven-day period prior to a sow’s expected date of giving birth.
d. The provisions of subsection e. of R.S.4:22-16 and subsection b. of section 1 of P.L.1995, c.311 (C.4:22-16.1) shall not apply to the provisions of this act or any rule or regulation adopted pursuant thereto.
e. It is not a defense to any alleged violation of the rules and regulations developed and adopted pursuant to subsection b. of this section that the sow was kept as part of an agricultural operation and in accordance with customary animal husbandry or farming practices.
f. Except as provided in subsection d. of this section, the provisions of this section are in addition to, and not in lieu of, any other law, or rule or regulation adopted pursuant thereto, protecting animal welfare. This section shall not be construed to 1[:
(1)]1 limit any other State law, or any rule or regulation adopted pursuant thereto, protecting the welfare of animals 1[; or
(2) prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations concerning the confinement of animals]1 .
2. This act shall take effect immediately.