Report Title:

Cruelty to Farm Animals

Description:

Extends existing law prohibiting cruelty to animals to include the humane treatment of farm animals, such as by outlawing veal crates for calves and gestation crates for pigs.

THE SENATE

S.B. NO.

2386

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CRUELTY TO ANIMALS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Existing law generally prohibits cruelty to animals. It also provides that any person who subjects an animal to unnecessary cruelty or deprives it of necessary food, drink, or shelter is guilty of a crime punishable by law.

The purpose of this Act is to extend existing law to include the humane treatment of calves and pigs on farms, such as by outlawing veal crates and gestation crates, respectively.

SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"711- Cruelty to farm animals. (1) A person commits the offense of cruelty to farm animals if the person intentionally, knowingly, or recklessly:

(a) Confines a calf on a farm:

(i) In an enclosure; or

(ii) Tethers it

in such a way that prevents it from turning around in a complete circle without touching any side of the enclosure, lying down in full lateral recumbency, or grooming itself completely; or

(b) Confines a pig on a farm:

(i) In an enclosure; or

(ii) Tethers it

in such a way that prevents it from turning around in a complete circle without touching any side of the enclosure, lying down in full lateral recumbency, or grooming itself completely. This does not apply during a pregnant pig's prebirthing period, or the seven-day period prior to its expected date of giving birth. It also does not apply during the period in which the sow is nursing her offspring, when farrowing crates may be used.

(2) For purposes of this section:

"Enclosure" means any cage, crate, or other enclosure in which an animal is kept for all of or the majority of any day, including what is commonly described as a "veal crate" for calves and a "gestation crate" for pigs.

"Farm" means the land, buildings, support facilities, and other appurtenances used in the production of animals for food or fiber."

(3) Cruelty to farm animals is a misdemeanor."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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