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Florida Constitution Revision Commission

PUB 700510: Livestock Enrichment Act by Aymee Laurain

ARTICLE X: MISCELLANEOUS, Section 21. Limiting cruel and inhumane confinement of pigs during pregnancy.

SECTION 21.

Limiting cruel and inhumane confinement of livestock.pigs during pregnancy.

Inhumane treatment of animals is a concern of Florida citizens. To prevent cruelty to certain animals and as recommended by The Humane Society of the United States, the people of the State of Florida hereby limit the cruel and inhumane confinement of livesockpigs during pregnancy as provided herein.

  1. It shall be unlawful for any person to confine livestocka pig during pregnancy in an enclosure, or to tether a pig during pregnancy, on a farm in such a way that they are she is prevented from turning around freely.
  2. It shall be unlawful for any person to confine livestock for more than 16 hours without access to free roaming grasslands for no less than four hours in any 24 hour period.
    1. Livestock undergoing post-operation or who are under quarantine may be exempt from this section.
    2. Exemptions of this rule may also be made in the event of unfavorable weather conditions or natural disasters.
  3. This section shall not apply:
    1. when livestock area pig is undergoing an examination, test, treatment or operation carried out for veterinary purposes, provided the period during which the animal is confined or tethered is not longer than reasonably necessary.
    2. during the prebirthing period except that the animal will have room in the enclosure to turn around freely.
  4. For purposes of this section:
    1. "Eenclosure" means any cage, crate or other enclosure in which an animal pig is kept for all or the majority of any day, including what is commonly described as the "gestation crate."
    2. "Ffarm" means the land, buildings, support facilities, and other appurtenances used in the production of animals for food or fiber.
    3. "Pperson" means any natural person, corporation and/or business entity.
    4. "Livesockpig" means any domesticated animal used for agriculture.animal of the porcine species.
    5. "Tturning around freely" means turning around without having to touch any side of the pig's enclosure.
    6. "Pprebirthing period" means the seven day period prior to an animals pig's expected date of giving birth.
    7. "Grasslands" means any outdoor section of land containing at least 50% live growing natural plants with sufficient shade or water for wallowing.
  5. A person who violates this section shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082(4)(a), Florida Statutes (1999), as amended, or by a fine of not more than $5000, or by both imprisonment and a fine, unless and until the legislature enacts more stringent penalties for violations hereof. On and after the effective date of this section, law enforcement officers in the state are authorized to enforce the provisions of this section in the same manner and authority as if a violation of this section constituted a violation of Section 828.13, Florida Statutes (1999). The confinement or tethering of eachlivestock pig shall constitute a separate offense. The knowledge or acts of agents and employees of a person in regard to a livesock pig owned, farmed or in the custody of a person, shall be held to be the knowledge or act of such person.
  6. It is the intent of this section that implementing legislation is not required for enforcing any violations hereof.
  7. If any portion of this section is held invalid for any reason, the remaining portion of this section, to the fullest extent possible, shall be severed from the void portion and given the fullest possible force and application.
  8. This section shall take effect within one yearsix years after approval by the electors.