UPC Letter to NYS Dept of Agriculture & Markets, July 16, September 10, 2008
September 10, 2008
Dr. John Huntley
State Veterinarian for New York
Department of Agriculture and Markets
Division of Animal Industry
10B Airline Drive
Albany, NY 12235
Dear Dr. Huntley:
On July 16, 2008, I wrote you the following letter and I await your reply. A copy of my original letter is enclosed. Thank you in advance for your most kind and prompt attention to the information I have requested.
Re: Section 356 of Article 26 relating to CRUELTY TO ANIMALS
Section 356 of Article 26 relating to CRUELTY TO ANIMALS states that “A person who having impounded or confined any animal, refuses or neglects to supply to such animal during its confinement a sufficient supply of good and wholesome air, food, shelter and water, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both.”
1) Please advise me regarding the definition of “wholesome” under this statute.
a) What constitutes “wholesome air” in Section 356 of Article 26?
b) What constitutes “unwholesome air” in Section 356 of Article 26?
c) What are the precise components of “wholesome air,” and what criteria are used to determine that the air in a confined animal situation, as defined in Section 356 of Article 26, is either “wholesome” or “unwholesome”?
2) Does the term “wholesome,” as it appears in the opening statement in Section 356 of Article 26, refer to air alone, or does it also cover “food,” “shelter,” and/or “water”?
Please respond to my questions at your earliest convenience. Thank you for your attention. I look forward to receiving your letter of clarification.
Karen Davis, PhD
United Poultry Concerns, Inc.
PO Box 150
Machipongo, VA 23405-0150