§ 385 — Prohibition of slaughtering horses for human or animal consumption

§ 385. Prohibition of slaughtering horses for human or animal\nconsumption. 1. Notwithstanding any other provision of law, it shall be\nunlawful for any person, corporation, association, or other entity to\nslaughter or have another person, corporation, association, or other\nentity slaughter a horse if any part of such horse will be used for\nhuman or animal consumption.\n 2. Notwithstanding any other provision of law, it shall be unlawful\nfor any person, corporation, association, or other entity who owns or is\nin the process of taking ownership of a horse to import, export, sell,\noffer to sell or barter, transfer, purchase, possess, transport,\ndeliver, receive, give away, hold, or accept, or direct another person\nto import, export, sell, offer to sell or barter, transfer, purchase,\npossess, transport, deliver, receive, give away, hold, or accept a\nhorse, with the intent of slaughtering or having another person,\ncorporation, association, or other entity slaughter such horse for the\npurpose of human or animal consumption.\n 3. Notwithstanding any other provision of law, it shall be unlawful\nfor any person, corporation, association, or other entity who owns or is\nin the process of taking ownership of horseflesh to import, export,\nsell, offer to sell or barter, transfer, purchase, possess, transport,\ndeliver, receive, give away, hold, or accept, or direct another person\nto import, export, sell, offer to sell or barter, transfer, purchase,\npossess, transport, deliver, receive, give away, hold, or accept\nhorseflesh, with the intent of slaughtering or having another person,\ncorporation, association, or other entity slaughter such horse for the\npurpose of human or animal consumption.\n 4. For the purposes of this section:\n (a) The term "horseflesh" shall mean the flesh of a dead horse,\nincluding the animal's viscera, skin, hide, hooves, and bones; and\n (b) The term "slaughter" shall mean the intentional killing, or having\nanother kill a horse if such person knows that the purpose of such\nkilling is using any part of such horse for human or animal consumption.\n 5. A violation of this section is a misdemeanor punishable by a fine\nof not more than one thousand dollars per horse for an individual\nperson, and up to two thousand five hundred dollars per horse for a\ncorporation, association, or other entity, for the first violation. Any\nsubsequent violation shall be punishable by a fine of up to two thousand\ndollars per horse for an individual person, and up to five thousand\ndollars per horse for a corporation, association, or other entity.\n 6. The provisions of this section shall be in addition to, and not in\nlieu of, any other laws protecting animal welfare. This section shall\nnot be construed to limit any state law or rules protecting the welfare\nof animals or to prevent a local governing body from adopting and\nenforcing its own animal welfare laws and regulations. Nothing in this\nsection shall prohibit a person from otherwise lawful disposition of a\ndeceased horse or any part of such horse.\n 7. If any provision of this section, or the application thereof to any\nperson or circumstances, is held invalid or unconstitutional, such\ninvalidity or unconstitutionality shall not affect other provisions or\napplications of this section that can be given effect without the\ninvalid or unconstitutional provision or application, and to such end\nthe provisions of this section shall be severable.\n