Sponsored by:
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
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