ASSEMBLY, No. 5236

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED JANUARY 12, 2021

 


 

Sponsored by:

Assemblyman  RAJ MUKHERJI

District 33 (Hudson)

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblywoman  CAROL A. MURPHY

District 7 (Burlington)

 

Co-Sponsored by:

Assemblyman Scharfenberger, Assemblywomen Vainieri Huttle, Reynolds-Jackson, Assemblyman Zwicker, Assemblywoman Timberlake, Assemblymen Giblin and Johnson

 

 

 

 

SYNOPSIS

     Establishes criminal offenses and civil penalties concerning inhumane confinement of breeding pigs and calves raised for veal.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning confinement of certain calves and pigs, and amending and supplementing Title 4 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  (New section)  a.  As used in this section:

     “Breeding pig” means any female pig, kept for the purpose of commercial breeding, that is six months of age or older or pregnant.

     “Calf raised for veal” means any calf of a bovine species kept for the purpose of producing the agricultural food product described as veal.

     “Enclosure” means any structure used to confine a breeding pig or calf raised for veal.

     “Farm” means the land and the buildings, support facilities, and equipment thereon, that are wholly or partially used for the commercial production of agricultural food products, or animals or animal products used for food or fiber. “Farm” shall not include live animal markets.

     “Farm owner or operator” means any person who owns or operates a farm in the State.

     “Fully extending the animal’s limbs” means fully extending all limbs without touching the side of an enclosure or another animal.

     “Person” means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver or syndicate.     

     “Turning around freely” means turning in a complete circle without any impediment, including a tether, and without touching the side of an enclosure or another animal.

     “Useable floor space” means the total square footage of floor space provided to a breeding pig or a calf raised for veal, calculated by dividing the total square footage of floor space in the enclosure by the number of pigs or calves, as applicable, kept in the enclosure.

     b.    Notwithstanding the provisions of subsection e. of R.S.4:22-16 and section 1 of P.L.1995, c.311 (C.4:22-16.1), or any rules, regulations, standards adopted pursuant thereto, to the contrary, a farm owner or operator shall not knowingly confine a breeding pig or a calf raised for veal:

     (1)   in a manner that prevents the animal from lying down, standing up, fully extending the animal’s limbs, or turning around freely;

     (2)   in the case of a breeding pig, within an enclosure with less than 24 square feet of useable floor space per breeding pig; or

     (3)   in the case of a calf raised for veal, within an enclosure with less than 43 square feet of useable floor space per calf.

     c.  A violation of subsection b. of this section shall be a disorderly persons offense.  Any person found guilty of a violation of subsection b. of this section, in addition to any other penalties applicable pursuant to Title 2C of the New Jersey Statutes, shall be subject to a fine of not less than $250 nor more than $1,000 for each offense, or imprisonment for a term of not more than six months, or both.  Each breeding pig or calf raised for veal confined in an enclosure in violation of subsection b. of this section shall constitute a separate and distinct offense.

     d.  This section shall not apply to confinement during:

     (1)   the conduct of medical research;

     (2)   the conduct of an examination, testing, individual treatment, or surgery for veterinary purposes;

     (3)   transportation of the animal;

     (4)   a State or county fair exhibition, 4-H program, or similar exhibition;

     (5)   temporary periods for animal husbandry purposes, provided the confinement is for no more than six hours in any 24-hour period and no more than a total of 24 hours in any 30-day period;

     (6)   humane slaughtering of the animal in accordance with all applicable laws, and rules and regulations adopted pursuant thereto, concerning the slaughter of animals; or

     (7)   for a breeding pig, the five-day period prior to the expected date of the breeding pig giving birth or any day the breeding pig is nursing piglets.

     e.     Nothing in this section may be construed to supersede or limit the applicability of any other local, federal, or State law, rule, or regulation protecting animal welfare, or to prevent any governing body of a county or municipality from adopting or enacting any ordinances, resolutions, rules or regulations concerning the protection and welfare of animals that are more stringent than State or federal law.

     f.     It is not an affirmative defense to an alleged violation of this section that a breeding pig or calf raised for veal is domestic livestock, or was kept as part of an agricultural operation or in accordance with customary animal husbandry or farming practices.

    

     2.    R.S.4:22-26 is amended to read as follows:

     4:22-26. A person who shall:

     a.     (1)     Overdrive, overload, drive when overloaded, overwork, abuse, or needlessly kill a living animal or creature, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done;

     (2)   Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, cruelly abuse, or needlessly mutilate a living animal or creature, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done;

     (3)   Cause the death of, or serious bodily injury to, a living animal or creature from commission of any act described in paragraph (2), (4), or (5) of this subsection, by any direct or indirect means, including but not limited to through the use of another living animal or creature, or otherwise cause or procure any such acts to be done;

     (4)   Fail, as the owner or a person otherwise charged with the care of a living animal or creature, to provide the living animal or creature with necessary care, or otherwise cause or procure such an act to be done; or

     (5)   Cause bodily injury to a living animal or creature from commission of the act described in paragraph (4) of this subsection;

     b.    (Deleted by amendment, P.L.2003, c.232)

     c.     Inflict unnecessary cruelty upon a living animal or creature, by any direct or indirect means, including but not limited to through the use of another living animal or creature; or leave the living animal or creature unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature;

     d.    Receive or offer for sale a horse that is suffering from abuse or neglect, or which by reason of disability, disease, abuse or lameness, or any other cause, could not be worked, ridden or otherwise used for show, exhibition or recreational purposes, or kept as a domestic pet without violating the provisions of article 2 of chapter 22 of Title 4 of the Revised Statutes;

     e.     Keep, use, be connected with or interested in the management of, or receive money or other consideration for the admission of a person to, a place kept or used for the purpose of fighting or baiting a living animal or creature;

     f.     Be present and witness, pay admission to, encourage, aid or assist in an activity enumerated in subsection e. of this section;

     g.    Permit or suffer a person's place owned or controlled by the person to be used as provided in subsection e. of this section;

     h.    Carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in a cruel or inhumane manner;

     i.     Use a dog or dogs for the purpose of drawing or helping to draw a vehicle for business purposes;

     j.     Impound or confine or cause to be impounded or confined in a pound or other place a living animal or creature, and shall fail to supply the living animal or creature during such confinement with a sufficient quantity of good and wholesome food and water;

     k.    Abandon a maimed, sick, infirm or disabled animal or creature to die in a public place;

     l.     Willfully sell, or offer to sell, use, expose, or cause or permit to be sold or offered for sale, used or exposed, a horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the health or life of human beings or animals, or who shall, when any such disease is beyond recovery, refuse, upon demand, to deprive the animal of life;

     m.   Own, operate, manage or conduct a roadside stand or market for the sale of merchandise along a public street or highway; or a shopping mall, or a part of the premises thereof; and keep a living animal or creature confined, or allowed to roam in an area whether or not the area is enclosed, on these premises as an exhibit; except that this subsection shall not be applicable to:  a pet shop licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); a person who keeps an animal, in a humane manner, for the purpose of the protection of the premises; or a recognized breeders' association, a 4-H club, an educational agricultural program, an equestrian team, a humane society or other similar charitable or nonprofit organization conducting an exhibition, show or performance;

     n.    Keep or exhibit a wild animal at a roadside stand or market located along a public street or highway of this State; a gasoline station; or a shopping mall, or a part of the premises thereof;

     o.    Sell, offer for sale, barter or give away or display live baby chicks, ducklings or other fowl or rabbits, turtles or chameleons which have been dyed or artificially colored or otherwise treated so as to impart to them an artificial color;

     p.    Use any animal, reptile, or fowl for the purpose of soliciting any alms, collections, contributions, subscriptions, donations, or payment of money except in connection with exhibitions, shows or performances conducted in a bona fide manner by recognized breeders' associations, 4-H clubs or other similar bona fide organizations;

     q.    Sell or offer for sale, barter, or give away living rabbits, turtles, baby chicks, ducklings or other fowl under two months of age, for use as household or domestic pets;

     r.     Sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl, or rabbits, turtles or chameleons under two months of age for any purpose not prohibited by subsection q. of this section and who shall fail to provide proper facilities for the care of such animals;

     s.     Artificially mark sheep or cattle, or cause them to be marked, by cropping or cutting off both ears, cropping or cutting either ear more than one inch from the tip end thereof, or half cropping or cutting both ears or either ear more than one inch from the tip end thereof, or who shall have or keep in the person's possession sheep or cattle, which the person claims to own, marked contrary to this subsection unless they were bought in market or of a stranger;

     t.     Abandon a domesticated animal;

     u.    For amusement or gain, cause, allow, or permit the fighting or baiting of a living animal or creature;

     v.    Own, possess, keep, train, promote, purchase, or knowingly sell a living animal or creature for the purpose of fighting or baiting that animal or creature; or own, possess, buy, sell, transfer, or manufacture animal fighting paraphernalia as defined pursuant to R.S.4:22-24 for the purpose of engaging in or otherwise promoting or facilitating the fighting or baiting of a living animal or creature;

     w.   Gamble on the outcome of a fight involving a living animal or creature;

     x.    Knowingly sell or barter or offer for sale or barter, at wholesale or retail, the fur or hair of a domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic dog or cat, unless such fur or hair for sale or barter is from a commercial grooming establishment or a veterinary office or clinic or is for use for scientific research;

     y.    (1)  Knowingly sell or barter, or offer for sale or barter, at wholesale or retail, for human consumption, the flesh of a domestic dog or cat, or any product made in whole or in part from the flesh of a domestic dog or cat;

     (2)   Knowingly slaughter a horse for human consumption;

     (3)   Knowingly sell or barter, or offer for sale or barter, at wholesale or retail, for human consumption, the flesh of a horse, or any product made in whole or in part from the flesh of a horse, or knowingly accept or publish newspaper advertising that includes the offering for sale, trade, or distribution of any such item for human consumption;

     (4)   Knowingly transport a horse for the purpose of slaughter for human consumption;

     (5)   Knowingly transport horsemeat, or any product made in whole or in part from the flesh of a horse, for the purpose of human consumption;

     z.     Surgically debark or silence a dog in violation of section 1 or 2 of P.L.2002, c.102 (C.4:19-38 or C.4:19-39);

     aa.   Use a live pigeon, fowl or other bird for the purpose of a target, or to be shot at either for amusement or as a test of skill in marksmanship, except that this subsection and subsections bb. and cc. shall not apply to the shooting of game;

     bb.  Shoot at a bird used as described in subsection aa. of this section, or is a party to such shooting; [or]

     cc.   Lease a building, room, field or premises, or knowingly permit the use thereof for the purposes of subsection aa. or bb. of this section; or

     dd.  Confine a breeding pig or calf raised for veal in a manner that violates the provisions of subsection b. of section 1 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), except as may be required during (1) the conduct of medical research, (2) the conduct of an examination, testing, individual treatment, or surgery for veterinary purposes, (3) transportation of the animal, (4) a State or county fair exhibition, 4-H program, or similar exhibition, (5) temporary periods for animal husbandry purposes, provided the confinement is for no more than six hours in any 24-hour period and no more than a total of 24 hours in any 30-day period, (6) humane slaughtering of the animal in accordance with all applicable laws, and rules and regulations adopted pursuant thereto, concerning the slaughter of animals, or (7) for a breeding pig, the five-day period prior to the expected date of the breeding pig giving birth or any day the breeding pig is nursing piglets

     Shall forfeit and pay a sum according to the following schedule, to be sued for and recovered, with costs, in a civil action by any person in the name of the municipality or county wherein the defendant resides or where the offense was committed:

     For a violation of subsection e., f., g., u., v., w., or z. of this section or of paragraph (3) of subsection a. of this section, or for a second or subsequent violation of paragraph (2) or (5) of subsection a. of this section, a sum of not less than $3,000 nor more than $5,000;

     For a violation of subsection l. of this section, for a first violation of paragraph (2) or (5) of subsection a. of this section, a sum of not less than $1,000 nor more than $3,000;

     For a violation of paragraph (4) of subsection a. of this section, or subsection c. of this section, a sum of not less than $500 nor more than $2,000;

     For a violation of subsection x. or paragraph (1) of subsection y. of this section, a sum of not less than $500 nor more than $1,000 for each domestic dog or cat fur or fur or hair product or domestic dog or cat carcass or meat product sold, bartered, or offered for sale or barter;

     For a violation of paragraph (2), (3), (4), or (5) of subsection y. of this section, a sum of not less than $500 nor more than $1,000 for each horse slaughtered or transported for the purpose of slaughter for human consumption, or for each horse carcass or meat product transported, sold or bartered, or offered or advertised for sale or barter;

     For a violation of subsection t. of this section, a sum of not less than $500 nor more than $1,000, but if the violation occurs on or near a highway, a mandatory sum of $1,000;

     For a violation of subsection d., h., j., k., aa., bb., [or] cc. , or dd. of this section or of paragraph (1) of subsection a. of this section, a sum of not less than $250 nor more than $1,000; and

     For a violation of subsection i., m., n., o., p., q., r., or s. of this section, a sum of not less than $250 nor more than $500.

(cf: P.L.2019, c.223, s.3)

 

     3.    This act shall take effect on December 31, 2022.

STATEMENT

 

     This bill prohibits the confinement of breeding pigs and calves raised for veal in a manner that unduly restricts movement or provides inadequate space.  A violation of the bill’s prohibitions would constitute a disorderly persons offense.  The bill also provides that a violation of the bill’s provisions would be a civil violation of the animal cruelty laws and a violator would be subject to a civil penalty of not less than $250 or more than $1,000. 

     The bill prohibits a farm owner or operator from knowingly confining a breeding pig or a calf raised for veal:

     1)    in a manner that prevents the animal from lying down, standing up, fully extending the animal’s limbs, or turning around freely;

     2)    in the case of a breeding pig, within an enclosure with less than 24 square feet of useable floor space per breeding pig; or

     3)    in the case of a calf raised for veal, within an enclosure with less than 43 square feet of useable floor space per calf.

     In addition to any other penalties applicable pursuant to Title 2C of the New Jersey Statutes, section 1 of the bill provides that a violator would be fined for each offense not less than $250 nor more than $1,000, or be imprisoned for a term of not more than six months, or both, and that each breeding pig or calf raised for veal that is confined in violation of the provisions of the bill would be a separate and distinct offense.

     The bill exempts from the bill’s provisions confinement during:

     1)    the conduct of medical research;

     2)    the conduct of an examination, testing, individual treatment, or surgery for veterinary purposes;

     3)    transportation of the animal;

     4)    a State or county fair exhibition, 4-H program, or similar exhibition;

     5)    temporary periods for animal husbandry purposes, provided the confinement is for no more than six hours in any 24-hour period and no more than a total of 24 hours in any 30-day period;

     6)    humane slaughtering of the animal in accordance with all applicable laws, and rules and regulations adopted pursuant thereto, concerning the slaughter of animals; or

     7)    for a breeding pig, the five-day period prior to the expected date of the breeding pig giving birth or any day the breeding pig is nursing piglets.

     The bill is needed to address the animal cruelty issues regarding the restrictive confinement of pregnant pigs and calves being raised for the production of veal.  Confinement restricting the free movement of pregnant pigs and veal calves is cruel and negatively affects the health of the pregnant pig and the quality of the pork

from its offspring.  The use of restrictive enclosures such as gestation crates for pregnant pigs and veal crates for calves has been banned in many jurisdictions as a result.  Canada banned gestation crates nationwide in 2014.  The states of Arizona, California, Colorado, Maine, Massachusetts, Michigan, Ohio, and Rhode Island established similar bans on the use of gestation crates and veal crates.  Florida and Oregon have also banned the use of gestation crates and Kentucky has banned the use of veal crates.