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Florida

2011 Florida SB 1636. Tethering/Confining Farm Animals

Bill Details
Printable Version

Citation: 2011 Florida SB 1636



Date Introduced: 3/10/2011

Date of Last Action: 5/7/2011

Last Checked by Web Center Staff: 07/2011



Summary:   This 2011 Florida bill applies to egg-laying hens and calves raised for veal. The proposed law creates minimum standards for confining or tethering one of these covered animals on a factory farming, requiring that these animals be able to lie down, stand up, fully extend their limbs, and turn around freely.


Bill in Full:
       Florida Senate - 2011                                    SB 1636
       
       
       
       By Senator Bennett
       
       
       
       
       21-01080-11                                           20111636__
    1                        A bill to be entitled                      
    2         An act relating to the protection of farm animals;
    3         defining terms; prohibiting a farm owner or operator
    4         from tethering or confining certain specified covered
    5         farm animals in a specified manner; providing
    6         exceptions; authorizing the Department of Agriculture
    7         and Consumer Services or the Attorney General to bring
    8         a civil action against a farm owner or operator to
    9         restrain any act or practice that illegally tethers or
   10         confines a covered farm animal; rejecting certain
   11         defenses against civil actions; providing that the act
   12         is in addition to any other law protecting animal
   13         welfare; providing for staggered dates of application
   14         to specified animals; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. (1) As used in this section, the term:
   19         (a) “Calf raised for veal” means any calf of the bovine
   20  species which is kept for the purpose of producing the food
   21  product described as veal.
   22         (b) “Covered farm animal” means any calf raised for veal or
   23  egg-laying hen that is kept on a farm.
   24         (c) “Department” means the Department of Agriculture and
   25  Consumer Services.
   26         (d) “Egg-laying hen” means any female domesticated chicken,
   27  turkey, duck, goose, or guinea fowl that is kept for the purpose
   28  of egg production.
   29         (e) “Enclosure” means any cage, crate, or other structure
   30  used to confine a covered animal. The term includes a veal crate
   31  for calves raised for veal and a battery cage for egg-laying
   32  hens.
   33         (f) “Farm” means the land, buildings, support facilities,
   34  and other equipment that are wholly or partially used for the
   35  commercial production of animals or animal products used for
   36  food or fiber. The term does not include a live animal market.
   37         (g) “Farm owner or operator” means any person who owns or
   38  controls the operation of a farm.
   39         (h) “Fully extending its limbs” means fully extending all
   40  limbs without touching the side of an enclosure or, in the case
   41  of egg-laying hens, fully spreading both wings without touching
   42  the side of an enclosure or other egg-laying hens and having
   43  access to at least 1.5 square foot of usable floor space per
   44  hen.
   45         
(i) “Person” has the same meaning as provided in s. 1.01,
   46  Florida Statutes.
   47         (j) “Turning around freely” means turning in a complete
   48  circle without any impediment, including a tether, and without
   49  touching the side of an enclosure or another animal.
   50         (2) Notwithstanding any other law, a farm owner or operator
   51  may not tether or confine any covered farm animal on a farm for
   52  all or the majority of any day in a manner that prevents the
   53  covered farm animal from doing any of the following:
   54         (a) Lying down, standing up, or fully extending its limbs.
   55         (b) Turning around freely.
   56         (3) The prohibitions of subsection (2) do not apply to a
   57  covered farm animal during any of the following:
   58         (a) Scientific or agricultural research.
   59         (b) Examination, testing, individual treatment, or
   60  operation for veterinary purposes by a person licensed to
   61  practice veterinary medicine.
   62         (c) Transportation.
   63         (d) Rodeo exhibitions, state or county fair exhibitions, 4
   64  H programs, and similar exhibitions.
   65         (e) The slaughter of a covered animal in accordance with
   66  applicable law and rules.
   67         (4) The department or the Attorney General may bring a
   68  civil action to restrain, by temporary or permanent injunction,
   69  any act or practice that violates this section. The action may
   70  be brought in the circuit court for the county where the
   71  defendant resides or conducts business. The court may issue a
   72  temporary or permanent injunction and issue other equitable
   73  orders or judgments. A defense described and made available as
   74  relating to customary animal husbandry or farming practices
   75  involving livestock is not a defense to an action brought for
   76  the violation of this section involving a covered farm animal.
   77         (5) This section is in addition to, and not in lieu of, any
   78  other law protecting animal welfare. This section does not limit
   79  any other state law or rule protecting the welfare of animals.
   80         (6)(a) This section does not apply to calves raised for
   81  veal until October 1, 2012.
   82         (b) This section does not apply to egg-laying hens until
   83  July 1, 2020.
   84         Section 2. This act shall take effect July 1, 2011.



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