(a) "race horse" shall mean:
(i) a thoroughbred horse which meets or ever met the standards to be
eligible to race at any track licensed to operate pursuant to article
two of the racing, pari-mutuel wagering and breeding law; or
(ii) a standardbred horse which meets or ever met the standards to be
eligible to race at any track licensed to operate pursuant to article
three of the racing, pari-mutuel wagering and breeding law;
(b) "race horse breeding stock" shall mean: any mare or stallion used,
or intended to ever be used, to produce a foal that is intended to be
used as a race horse as defined in this subdivision, as well as the foal
bred by such a mare or stallion.
(c) "slaughter" shall mean the intentional killing, or having another
kill, a race horse or race horse breeding stock, if that person knows
that the purpose of such killing is using any part of such race horse or
race horse breeding stock for human or animal consumption. Nothing
herein shall prohibit a person from lawful disposition of a deceased
race horse or race horse breeding stock or any part of such horse or
stock.
4. (a) A violation of this section is a misdemeanor punishable by a
fine of not more than one thousand dollars per each race horse or race
horse breeding stock for an individual person and up to two thousand
five hundred dollars per each race horse or race horse breeding stock
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 each race horse or race horse breeding stock for an
individual person and up to five thousand dollars per each race horse or
race horse breeding stock for a corporation, association, or other
entity.
(b) A violation of this section will subject any New York state gaming
commission license to the provisions of section two hundred twenty or
three hundred nine of the racing, pari-mutuel wagering and breeding law.
5. (a) Any and all fines collected pursuant to a violation involving a
thoroughbred horse shall be remitted to the New York state thoroughbred
breeding and development fund established pursuant to section two
hundred fifty-two of the racing, pari-mutuel wagering and breeding law,
and shall be deposited by that fund into a dedicated account to be spent
by the fund solely for the purpose of the care of retired race horses,
consistent with paragraph h of subdivision two of section two hundred
fifty-four of the racing, pari-mutuel wagering and breeding law.
(b) Any and all fines collected pursuant to a violation involving a
standardbred horse or race horse breeding stock shall be remitted to the
agriculture and New York state horse breeding development fund
established pursuant to section three hundred thirty of the racing,
pari-mutuel wagering and breeding law, and shall be deposited by that
fund into a dedicated account, to be spent by the fund solely for the
purpose of the care of retired race horses, consistent with paragraph j
of subdivision one of section three hundred thirty-two of the racing,
pari-mutuel wagering and breeding law.
6. Notwithstanding any other provision of law, each and every owner of
a race horse that has competed in New York state on or after January
first, two thousand twenty-two, or any other horse used for breeding
purposes in New York state on or after January first, two thousand
twenty-two, shall not be liable for any violation of this section with
respect to such horse if such owner can demonstrate that there is proper
documentation of a transfer of ownership to a party with no financial or
familial relationship to the owner.
7. Legal liability under this section for any race horse shall be
limited to the last individual or corporation in the chain of ownership
of said horse, as determined by notice to the breed registry as
referenced in section two hundred twenty-five of the racing, pari-mutuel
wagering and breeding law for that breed or other documentation of
ownership. Further, the purchaser or seller of any registered race horse
sold by a New York state resident or corporation who is a member of such
registry shall be required to provide notification of said sale to the
relevant breed registry in order to document ownership and protect
previous owners from liability under this section.
8. The commissioner shall develop a program, in cooperation with the
gaming commission, New York state thoroughbred breeding and development
fund, and the agriculture and New York state horse breeding development
fund to disseminate information about the provisions of this section to
horse owners, sellers, buyers and transporters including, but not
limited to farmers, recreational horse businesses, livestock and horse
dealers, horse rescue and aftercare organizations, renderers, animal
food producers, and any other organizations or businesses potentially
impacted by this section.
Structure New York Laws
351 - Prohibition of Animal Fighting.
353 - Overdriving, Torturing and Injuring Animals; Failure to Provide Proper Sustenance.
353-A - Aggravated Cruelty to Animals.
353-B - Appropriate Shelter for Dogs Left Outdoors.
353-C - Electrocution of Fur-Bearing Animals Prohibited.
353-D - Confinement of Companion Animals in Vehicles: Extreme Temperatures.
353-E - Companion Animal Grooming Facilities; Prohibited Practices.
353-F - Companion Animal Piercing and Tattooing Prohibited.
354 - Sale of Baby Chicks and Baby Rabbits.
356 - Failure to Provide Proper Food and Drink to Impounded Animal.
357 - Selling or Offering to Sell or Exposing Diseased Animal.
358 - Selling Disabled Horses.
358-A - Live Animals as Prizes Prohibited.
359 - Carrying Animal in a Cruel Manner.
359-A - Transportation of Horses.
360 - Poisoning or Attempting to Poison Animals.
361 - Interference With or Injury to Certain Domestic Animals.
362 - Throwing Substance Injurious to Animals in Public Place.
363 - Unauthorized Possession of Dogs Presumptive Evidence of Larceny.
364 - Running Horses on Highway.
365 - Clipping or Cutting the Ears of Dogs.
366 - Companion Animal Stealing.
366-A - Removing, Seizing or Transporting Dogs for Research Purposes.
367 - Leaving State to Avoid Provisions of This Article.
368 - Operating Upon Tails of Horses Unlawful.
369 - Interference With Officers.
370 - Protection of the Public From Attack by Wild Animals and Reptiles.
371 - Powers of Peace Officers.
372 - Issuance of Warrants Upon Complaint.
373 - Seizure of Animals Lost, Strayed, Homeless, Abandoned or Improperly Confined or Kept.
375 - Officer May Take Possession of Animals or Implements Used in Fights Among Animals.
376 - Disposition of Animals or Implements Used in Fights Among Animals.
377 - Disposal of Dead Animals.
377-A - Spaying and Neutering of Dogs and Cats.
378 - Unlawful Tampering With Animal Research.
379 - Prohibition of the Selling of Fur, Hair, Skin or Flesh of a Dog or Cat.
380 - Use of Elephants in Entertainment Acts.
380*2 - Examination of Seized Animals or Animals Taken Possession Of.
381 - Prohibition of the Declawing of Cats.
382 - Prohibition of the Slaughter of Race Horses and Race Horse Breeding Stock.
383 - Examination of Seized Animals or Animals Taken Possession Of.