Report Title:
Cruelty to Birds
Description:
Prohibits the force feeding of birds and makes the offense a class C felony. Establishes an animal cruelty prevention fund to offset the costs incurred in enforcing cruelty to animal laws.
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THE SENATE |
S.B. NO. |
2686 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to cruelty to ANIMALS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature recognizes the unnecessary cruelty involved in the production of foie gras. Foie gras is produced by inserting a pipe down a bird's esophagus and forcing excessive quantities of food into the bird's stomach. This process is continued several times a day until the bird develops fatty liver disease, causing the bird to suffer unnecessarily. The legislature further recognizes that the production of foie gras has been illegal in numerous other countries for many years.
The purpose of this Act is to:
(1) Ban the force feeding of birds;
(2) Ban the sale of any products that result from the
force feeding of birds; and
(3) Establish a revolving fund to offset the cost of enforcement of animal cruelty laws.
SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§321- Cruelty to animals prevention revolving fund; uses. (a) There is created within the state treasury a cruelty to animals prevention revolving fund, which shall consist of moneys paid to the fund from fines collected under section 711- .
(b) Moneys from the fund shall be expended by the department of health and shall be distributed to the lead governmental agency involved in any proceeding to enforce section 711- to reimburse it for the cost of enforcement of that section. In the event that the moneys paid to the fund exceed the enforcement costs incurred by the lead governmental agency, the remaining moneys shall be distributed to any society formed or incorporated for the prevention of cruelty to animals to offset costs incurred pursuant to section 711-1110 or section 711- ."
SECTION 3. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§711- Cruelty to birds. (1) A person commits the offense of cruelty to birds if the person:
(a) Force feeds any bird, or hires another person to force feed any bird, for the purpose of enlarging the bird's liver beyond normal size; or
(b) Sells or offers for sale any product that is the result of force feeding a bird as prohibited under subsection (1)(a).
(2) For purposes of this section:
(a) A bird includes any member of the avian family, including but not limited to a duck or goose;
(b) Force feeding a bird means causing the bird to ingest an excessive quantity of food or more food than a typical bird of the same species would consume voluntarily while foraging. Force feeding methods include, but are not limited to, delivering food through a tube or other device inserted into the bird's esophagus.
(3) A separate violation of this section occurs:
(a) Each time an individual bird is force fed;
(b) Each day that a product prohibited under subsection (1)(b) is offered for sale; and
(c) Upon the completion of any sale by delivery of a product prohibited under subsection (1)(b).
(4) Any fine imposed under this section shall be deposited
into an animal cruelty prevention revolving fund pursuant to section 321- .
(5) If there is any conflict between this section and
section 711-1109, this section shall apply.
(6) Cruelty to birds is a class C felony."
SECTION 4. Section 711-1110, Hawaii Revised Statutes, is amended to read as follows:
"§711-1110 Relating to agent of society. The agent of any society which is formed or incorporated for the prevention of cruelty to animals, upon being appointed thereto by the president of such society in any district in the State, may within such district make arrests and bring before any district judge thereof offenders found violating the provisions of section 711-1109 or 711- to be dealt with according to law."
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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