BILL NO A00739A
SAME AS No same as
SPONSOR Rosenthal (MS)
COSPNSR Moya, Colton, Englebright, McDonough, Tedisco, Tenney
MLTSPNSR Galef, Glick, Gottfried
Add S353-f, Ag & Mkts L
Prohibits companion animal piercing and tattooing except for identification or
medical benefit; establishes penalties for such violation.
TITLE OF BILL:
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 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
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.
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 -- Multi-Sponsored 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 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 A COMPANION ANIMAL UNLESS SUCH PIERCING PROVIDES A
5 MEDICAL BENEFIT TO THE COMPANION ANIMAL. SUCH PIERCING SHALL BE
6 PERFORMED BY A LICENSED VETERINARIAN OR UNDER THE SUPERVISION OF A
7 LICENSED VETERINARIAN. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
8 APPLY TO EAR TAGS ON RABBITS AND CAVIES.
9 2. NO PERSON SHALL TATTOO A COMPANION ANIMAL UNLESS SUCH TATTOO:
10 (A) PROVIDES A MEDICAL BENEFIT TO THE COMPANION ANIMAL; OR
11 (B) IS DONE IN CONJUNCTION WITH A MEDICAL PROCEDURE FOR THE COMPANION
12 ANIMAL; OR
13 (C) IS DONE FOR THE PURPOSE OF IDENTIFICATION OF THE COMPANION ANIMAL
14 AND NOT FOR DESIGN PURPOSES, AND SUCH TATTOO INCLUDES ONLY SUCH NUMBERS
15 AND/OR LETTERS ALLOTTED BY A CORPORATION THAT IN THE REGULAR COURSE OF
16 ITS BUSINESS MAINTAINS AN ANIMAL TATTOO IDENTIFICATION REGISTRY.
17 3. TATTOOING FOR THE PURPOSES OF PROVIDING A MEDICAL BENEFIT TO THE
18 COMPANION ANIMAL OR DONE IN CONJUNCTION WITH A MEDICAL PROCEDURE FOR THE
19 COMPANION ANIMAL SHALL BE PERFORMED BY A LICENSED VETERINARIAN OR UNDER
20 THE SUPERVISION OF A LICENSED VETERINARIAN.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 739--A 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.