N.Y. Agriculture & Markets Law Section 368
Operating upon tails of horses unlawful


1.

Any person who cuts the bone, tissues, muscles or tendons of the tail of any horse, mare or gelding, or otherwise operates upon it in any manner for the purpose or with the effect of docking, setting, or otherwise altering the natural carriage of the tail, or who knowingly permits the same to be done upon premises of which he is the owner, lessee, proprietor or user, or who assists in or is voluntarily present at such cutting, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than five hundred dollars or by both. If a horse is found with the bone, tissues, muscles or tendons of its tail cut as aforesaid and with the wound resulting therefrom unhealed, upon the premises or in the charge and custody of any person, such fact shall be prima facie evidence of a violation of this section by the owner or user of such premises or the person having such charge or custody, respectively.

2.

Any person who shows or exhibits at any horse show or other like exhibition in this state a horse, mare or gelding, the tail of which has been cut or operated upon in the manner referred to in section one hereof, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than five hundred dollars, or by both; provided that the provisions of this section shall not apply with respect to an animal the tail of which has been so cut or operated upon, if the owner thereof furnishes to the manager or other official having charge of the horse show or exhibition at which such animal is shown or exhibited an affidavit by the owner, or a licensed veterinarian, in a form approved by the state department of agriculture and markets, stating either that the tail of such horse was so cut prior to June first, nineteen hundred sixty-four, or that it was so cut in a state wherein such cutting was not then specifically prohibited by the laws thereof. Said affidavit shall, to the best of affiant’s knowledge, information and belief, identify the animal with respect to sex, age, markings, sire and dam, and state either that the cutting was done prior to June first, nineteen hundred sixty-four, or the time and place of such cutting and the name and address of the person by whom performed. The affidavit shall be subject to inspection at all reasonable times by any peace officer, acting pursuant to his special duties, or police officer of this state, or by a designated representative of the commissioner. In lieu of furnishing such affidavit to the manager or other official having charge of such horse show or exhibition, the owner of such horse may specify on the entry blank for the horse show or exhibition the name and address of a central registry office designated by the state department of agriculture and markets where such an affidavit has already been filed and is available for inspection.

Source: Section 368 — Operating upon tails of horses unlawful, https://www.­nysenate.­gov/legislation/laws/AGM/368 (updated Sep. 22, 2014; accessed Apr. 20, 2024).

350
Definitions
351
Prohibition of animal fighting
353
Overdriving, torturing and injuring animals
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
353‑F
Companion animal piercing and tattooing prohibited
354
Sale of baby chicks and baby rabbits
355
Abandonment of animals
356
Failure to provide proper food and drink to impounded animal
357
Selling or offering to sell or exposing diseased animal
358
Selling disabled Equidae
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
374
Humane destruction or other disposition 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
384
Special provisions related to the importation of dogs and cats into the state for sale, resale or adoption
385
Prohibition of slaughtering horses for human or animal consumption

Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 368’s source at nysenate​.gov

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