BILL NO A00739B
SAME AS SAME AS S06769-A
SPONSOR Rosenthal (MS)
COSPNSR Moya, Colton, Englebright, McDonough, Tedisco, Tenney, Mosley,
Brook-Krasny, Titone, Cusick, Malliotakis
MLTSPNSR Galef, Glick, Gottfried, Perry
Add S353-f, Ag & Mkts L
Prohibits companion animal piercing and tattooing except for identification or
medical benefit; establishes penalties for such violation.
BILL NO A00739B
01/09/2013 referred to agriculture
04/26/2013 amend and recommit to agriculture
04/26/2013 print number 739a
01/08/2014 referred to agriculture
03/13/2014 amend and recommit to agriculture
03/13/2014 print number 739b
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.
The practices of tattooing and piercing are procedures that are
accompanied 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 consequences, 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
This act shall take effect on the one hundred and twentieth day after
it shall have become a law.
S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
January 9, 2013
Introduced by M. of A. ROSENTHAL, MOYA, COLTON, ENGLEBRIGHT, McDONOUGH,
TEDISCO, TENNEY, MOSLEY, BROOK-KRASNY, TITONE, CUSICK -- Multi-Spon-
sored by -- M. of A. GALEF, GLICK, GOTTFRIED -- read once and
referred to the Committee on Agriculture -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- 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 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 S 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) PROVIDES A MEDICAL BENEFIT TO THE COMPANION ANIMAL; OR
12 (B) IS DONE FOR THE PURPOSE OF IDENTIFICATION OF THE COMPANION ANIMAL
13 AND NOT FOR DESIGN PURPOSES, AND SUCH TATTOO INCLUDES ONLY SUCH NUMBERS
14 AND/OR LETTERS ALLOTTED BY A CORPORATION THAT IN THE REGULAR COURSE OF
15 ITS BUSINESS MAINTAINS AN ANIMAL TATTOO IDENTIFICATION REGISTRY.
16 3. TATTOOING FOR THE PURPOSES OF PROVIDING A MEDICAL BENEFIT TO THE
17 COMPANION ANIMAL SHALL BE PERFORMED BY A LICENSED VETERINARIAN OR UNDER
18 THE SUPERVISION OF A LICENSED VETERINARIAN.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 739--B 2
1 4. ANY PERSON FOUND IN VIOLATION OF THIS SECTION IS GUILTY OF A MISDE-
2 MEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR A FINE
3 OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
4 S 2. This act shall take effect on the one hundred twentieth day after
5 it shall have become a law.