N.Y. Agriculture & Markets Law Section 382
Prohibition of the slaughter of race horses and race horse breeding stock

1.

Notwithstanding any other provision of law, it shall be unlawful for any person, corporation, association, or other entity to slaughter or have another person, corporation, association, or other entity slaughter a horse for a commercial purpose that such person, corporation, association or other entity knows to have been a race horse or race horse breeding stock.

2.

Notwithstanding any other provision of law, it shall be unlawful for any person, corporation, association, or other entity who owns or is in the process of taking ownership of a race horse or race horse breeding stock to import, export, sell, offer to sell or barter, transfer, purchase, possess, transport, deliver, or receive, or direct another person to import, export, sell, offer to sell or barter, transfer, purchase, possess, transport, deliver, or receive a horse that such person, corporation, association or other entity knows to be a race horse or race horse breeding stock with the intent of slaughtering or having another person, corporation, association, or other entity slaughter such race horse or race horse breeding stock.

3.

For the purposes of this section:

(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.

9.

All corporations, associations, or other entities offering for sale or purchase, thoroughbred or standardbred horses, including livestock auction houses must have signage conspicuously posted, which shall reference that it is illegal to sell or transfer a thoroughbred or standardbred race horse or breeding stock for the purposes of slaughter and explicitly state the penalties associated with the violation of this section. Such signage shall also reference that it is illegal to sell or transfer a horse to be slaughtered for the purpose of human or animal consumption and explicitly state the penalties associated with the violation of § 385 (Prohibition of slaughtering horses for human or animal consumption)section three hundred eighty-five of this article. Such signage shall occur no later than ninety days after the effective date of this subdivision.

Source: Section 382 — Prohibition of the slaughter of race horses and race horse breeding stock, (updated Dec. 27, 2024; accessed Mar. 1, 2025).

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 386
Requirements for live auctions
Green check means up to date. Up to date

Accessed:
Mar. 1, 2025

Last modified:
Dec. 27, 2024

§ 382’s source at

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