MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Huggins, Gordon

AN ACT TO PROVIDE DEFINITIONS FOR THE CHAPTER ON CRUELTY TO ANIMALS; TO PROVIDE THAT NOTHING IN THE CHAPTER SHALL BE CONSTRUED TO PROHIBIT CUSTOMARY ANIMAL HUSBANDRY AND FARMING PRACTICES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. For the purpose of this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

(a) "Abandon" or "abandonment" means that an owner or custodian of an animal has moved leaving an animal behind without making provisions for its care, has carried an animal away from his or her property and intentionally deserted the animal, has forced the animal to leave, or has otherwise neglected or refused to provide an animal with sustenance and humane care.

(b) "Animal" includes every living vertebrate.

(c) "Cruelty," "torture," or "torment" includes every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused.

(d) "Diseased" means deviated from a healthy or normal condition of any of the functions or tissues of the body; an alteration in the state of the body or some of its organs; interrupted or disturbed performance of the vital functions causing or threatening pain or weakness; suffering from an illness or an abnormal state having a definite pattern of symptoms.

(e) "Euthanize" or "euthanasia" means the humane killing of an animal by a licensed veterinarian, or by an animal control officer, a law enforcement officer, or an agent of a society for the prevention of cruelty, by means of a method recognized by the American and Mississippi Veterinary Medical Association as humane.

(f) "Injury" or "injured" means physical damage or harm inflicted or suffered.

(g) "Neglect" means an owner or custodian of an animal omits, fails, disregards or refuses to provide that which is necessary sustenance or protection for the well-being of the animal.

(h) "Owner," "person," and "custodian" include corporations, and the knowledge and acts of agents and employees of corporations in regard to animals transported, owned, employed by, or in the custody of a corporation.

(i) "Sanitary conditions" means living space free from health hazards such as accumulated animal excreta, exposure to disease and overcrowding that endanger an animal's well-being.

(j) "Shelter" means appropriate protection or housing from discomfort and the elements, suitable for the age, breed and species of an animal to sustain the animal in good health.

(k) "Sustenance" or "care" means the provision of sufficient and appropriate wholesome food and unpolluted water, shelter, sanitary conditions, veterinary medical attention and necessary grooming to maintain an animal's well-being.

SECTION 2. Nothing n this chapter shall be construed to prohibit the lawful killing of livestock, any customary animal husbandry or farming practice involving livestock, or the lawful killing and use of an animal pursuant to fish and wildlife regulations, pest control, or scientific research that is being conducted in compliance with federal regulations.

SECTION 3. Sections 1 and 2 shall be codified in Chapter 41 of Title 97, Mississippi Code of 1972.

SECTION 4. This act shall take effect and be in force from and after July 1, 1999.