NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A739D
SPONSOR: Rosenthal (MS) TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to prohibiting piercing and tattooing of companion animals
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to amend the animal cruelty statute
to include the prohibition of companion animal piercing or tattooing,
unless such activity provides a medical or identification benefit.
SUMMARY OF SPECIFIC PROVISIONS:
Section 353 of the agriculture and markets law is amended by adding a
new section 353-f.
JUSTIFICATION:
The practices of tattooing and piercing are procedures that are accompa-
nied by considerable risk and potential peril. Most humans would not
undergo such a process without the assistance of someone professionally
trained and without precautions. Due to such risks, laws exist to
protect those most vulnerable, such as children who are not yet mature
enough to understand the potential danger involved and the latent conse-
quences, from having their flesh tattooed or pierced.
Animals are also a vulnerable population, as they have no means of
expression and must live on the whim of their owners. Recent events have
brought the callous practice of tattooing and piercing companion animals
into the spotlight. Veterinarians have made statements detailing the
cruel results of such procedures. They have reported that ear piercings
can alter an animal's ability to hear correctly and that piercings along
the line of the spine, such as in the neck or at the base of the tail,
hamper balance and jumping. These animals, in being defenseless and
lacking a choice in the matter, need protections written into the law to
prevent these barbaric procedures.
PRIOR LEGISLATIVE HISTORY:
A.8526 of 2011-2012
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred and twentieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
739--D
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. ROSENTHAL, MOYA, COLTON, ENGLEBRIGHT, McDONOUGH,
TEDISCO, TENNEY, MOSLEY, BROOK-KRASNY, TITONE, CUSICK, MALLIOTAKIS --
Multi-Sponsored by -- M. of A. GALEF, GLICK, GOTTFRIED, PERRY -- read
once and referred to the Committee on Agriculture -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Agriculture in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee -- reported and
referred to the Committee on Codes -- reported and referred to the
Committee on Rules -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting piercing and tattooing of companion animals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 353-f to read as follows:
3 § 353-f. Companion animal piercing and tattooing prohibited. 1. No
4 person shall pierce or cause to have pierced a companion animal unless
5 such piercing provides a medical benefit to the companion animal. Such
6 piercing shall be performed by a licensed veterinarian or under the
7 supervision of a licensed veterinarian. Nothing in this section shall be
8 construed to apply to ear tags on rabbits and cavies.
9 2. No person shall tattoo or cause to have tattooed a companion animal
10 unless such tattoo:
11 (a) is done in conjunction with a medical procedure for the benefit of
12 the companion animal and to indicate that such medical procedure has
13 been done, provided that such tattoo is not for design purposes; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05036-12-4
A. 739--D 2
1 (b) is done for the purpose of identification of the companion animal
2 and not for design purposes, and such tattoo includes only such numbers
3 and/or letters allotted by a corporation that, in the regular course of
4 its business, maintains an animal tattoo identification registry.
5 3. For the purposes of this section, "tattoo" shall mean a mark on
6 the body made with indelible ink or pigments injected beneath the outer
7 layer of the skin.
8 4. Tattooing done in conjunction with a medical procedure for the
9 benefit of a companion animal that indicates that such medical procedure
10 has been done shall be performed by a licensed veterinarian or under the
11 supervision of a licensed veterinarian.
12 5. Any person who knowingly violates the provisions of this section
13 shall be guilty of a violation punishable pursuant to the penal law.
14 § 2. This act shall take effect on the one hundred twentieth day after
15 it shall have become a law.
