|SAME AS||SAME AS S00613|
|COSPNSR||Galef, Gottfried, Pichardo, Titone, Zebrowski, McDonough, Murray, Raia, Weprin|
|MLTSPNSR||Cook, Davila, Magee, Ra|
|Amd §401, Ag & Mkts L|
|Relates to the care of animals; requires regular diurnal light cycles of either natural or artificial light; requires separate space for pregnant or nursing dogs; requires a certain level of sanitation of primary enclosures and cages; requires sanitary food receptacles; requires grooming.|
|01/04/2017||referred to agriculture|
|02/13/2017||reported referred to codes|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A72 SPONSOR: Paulin (MS)
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the care of animals   PURPOSE: To provide additional provisions to the agriculture and markets law relating to grooming, sanitation, and veterinary exam requirements, as well as additional standards of care for nursing and pregnant dogs.   SUMMARY OF PROVISIONS: Section 1 amends subdivision 1 of section 401 of the agriculture and markets law by adding a requirement to paragraph (e), which relates to indoor facilities and states that animal areas must be provided with regular diurnal light cycles of either natural or artificial light. Paragraph (g) of subdivision 1 is amended by adding a requirement that separate and apart from the whelping box, a pet dealer shall provide a pregnant or nursing dog with a separate space accessible to her that complies with standards set forth in the agriculture and markets law. In addition, each nursing dog shall be provided with a sufficient amount of floor space to nurse and care for her litter. Paragraph (h) of subdivi- sion 1 is amended to provide that isolation areas must meet all housing requirements of this section. Section 2 amends subdivision 2 of section 401 of the agriculture and markets law by adding the requirement that primary enclosures must be cleaned daily and sanitized at least once every two weeks using one of the listed methods. Section 3 provides that food receptacles must be sanitary. Section 4 amends subdivision 5 of section 401 of the agriculture and markets law by adding a subparagraph (vi), which requires annual veteri- nary examinations for all adult dogs or cats on a pet dealer's premises. This provision applies to dealers who sell or offer to sell twenty-five or more dogs or cats per year to the public for profit that are born and raised on the dealer's residential premises. Section 5 amends subdivision 7 of section 401 of the agriculture and markets law. Subdivision 7 is amended to require that the exercise plan that pet dealers must implement shall be approved by the attending veterinarian and shall be provided to the department by mail or elec- tronic means. Section 5 also adds a new subdivision to section 401 of the agriculture and markets law, subdivision 8. Subdivision 8 provides that all animals shall be groomed regularly to prevent excessive matting of fur, over- grown toenails and flea and tick infestation. Section 6 provides the effective date.   JUSTIFICATION: This bill will afford increased protections for animals in the care of pet dealers. The bill will require pet dealers to regularly groom the animals in their care. There have been reports throughout the state of pet dealers neglecting to properly groom animals, and animals have been found with excessively overgrown nails, excessive matting of fur, and flea and tick infestation. The bill also gives increased protections to nursing and pregnant dogs, by requiring that pet dealers provide such dogs with a separate amount of floor space, apart from her whelping box, which ensures that she can safely and adequately nurse and care for her litter. Pet dealers must be held to standards that will promote the safety, good health, and overall well-being of the animals in their care. This legislation will afford much needed protections to improve the quality of life of these animals and will prevent negligent treatment by pet dealers.   LEGISLATIVE HISTORY: A.9445-A of 2016 passed in the assembly. Same as S.7800 of 2016, referred to agriculture.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Effective on the ninetieth day after it shall have become a law.
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STATE OF NEW YORK ________________________________________________________________________ 72 2017-2018 Regular Sessions IN ASSEMBLY (Prefiled) January 4, 2017 ___________ Introduced by M. of A. PAULIN, GALEF, GOTTFRIED, PICHARDO, TITONE, ZEBROWSKI, McDONOUGH, MURRAY, RAIA, WEPRIN -- Multi-Sponsored by -- M. of A. COOK, DAVILA, MAGEE, RA -- read once and referred to the Commit- tee on Agriculture AN ACT to amend the agriculture and markets law, in relation to the care of animals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (e), (g) and (h) of subdivision 1 of section 401 2 of the agriculture and markets law, paragraphs (e) and (g) as added by 3 chapter 259 of the laws of 2000, and paragraph (h) as added by chapter 4 110 of the laws of 2012, are amended to read as follows: 5 (e) The indoor facilities housing the animals shall be provided with 6 adequate lighting sufficient to permit routine inspection and cleaning 7 and be arranged so that each animal is protected from excessive illumi- 8 nation which poses a health hazard to the animal. Animal areas must be 9 provided with regular diurnal light cycles of either natural or artifi- 10 cial light. 11 (g) In the event that a pet dealer has a pregnant or nursing dog on 12 his or her premises, the pet dealer shall provide a whelping box for 13 such dog. Separate and apart from the whelping box, a pet dealer shall 14 provide a pregnant or nursing dog with a separate space accessible to 15 her that complies with the standards set forth in paragraph (b) of this 16 subdivision. Each nursing dog shall be provided with a sufficient amount 17 of floor space to nurse and care for her litter. 18 (h) Pet dealers shall designate and provide an isolation area for 19 animals that exhibit symptoms of contagious disease or illness. The 20 location of such designated area must be such as to prevent or reduce 21 the spread of disease to healthy animals and must otherwise meet all 22 housing requirements of this section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01092-01-7A. 72 2 1 § 2. Subdivision 2 of section 401 of the agriculture and markets law, 2 as added by chapter 259 of the laws of 2000, is amended to read as 3 follows: 4 2. Sanitation. Housing facilities, including primary enclosures and 5 cages, shall be kept in a clean condition in order to maintain a healthy 6 environment for the animal. This shall include removing and destroying 7 any agents injurious to the health of the animal and periodic cleanings. 8 Primary enclosures must be cleaned daily and sanitized at least once 9 every two weeks using one of the following methods: (a) live steam under 10 pressure; (b) washing with water with a temperature of at least one 11 hundred and eighty degrees Fahrenheit and soap or detergent; (c) washing 12 all soiled surfaces with appropriate detergent solutions and disinfec- 13 tant or by using a combination detergent or disinfectant product that 14 accomplishes the same purpose with a thorough cleaning of the surfaces 15 to remove excreta, feces, hair, dirt, debris and food waste so as to 16 remove all organic and mineral buildup and to provide sanitization, 17 followed by a clean water rinse. The primary enclosure or cage shall be 18 constructed so as to eliminate excess water, excretions, and waste mate- 19 rial. Under no circumstances shall the animal remain inside the primary 20 enclosure or cage while it is being cleaned with live steam, sterilizing 21 agents or agents toxic to animals or cleaned in a manner likely to 22 threaten the health and safety of the animal. Trash and waste products 23 on the premises shall be properly contained and disposed of so as to 24 minimize the risks of disease, contamination, and vermin. 25 § 3. Paragraph (c) of subdivision 3 of section 401 of the agriculture 26 and markets law, as added by chapter 259 of the laws of 2000, is amended 27 to read as follows: 28 (c) [ Food] Sanitary food receptacles shall be provided in sufficient 29 number, of adequate size, and so located as to enable each animal in the 30 primary enclosure or cage to be supplied with an adequate amount of 31 food. 32 § 4. Subparagraphs (iv) and (v) of paragraph a of subdivision 5 of 33 section 401 of the agriculture and markets law, as added by chapter 110 34 of the laws of 2012, are amended and a new subparagraph (vi) is added to 35 read as follows: 36 (iv) Adequate guidance to personnel involved in the care and use of 37 animals regarding handling and immobilization; [ and] 38 (v) Pre-procedural and post-procedural care in accordance with estab- 39 lished veterinary medical and nursing procedures[ .]; and 40 (vi) In the case of dealers who sell or offer to sell twenty-five or 41 more dogs or cats per year to the public for profit that are born and 42 raised on the dealer's residential premises, annual veterinary examina- 43 tions, at a minimum, for all intact adult dogs or cats on such dealer's 44 premises. 45 § 5. Subdivision 7 of section 401 of the agriculture and markets law, 46 as added by chapter 110 of the laws of 2012, is amended and a new subdi- 47 vision 8 is added to read as follows: 48 7. Exercise requirements. Pet dealers shall develop, maintain, docu- 49 ment, and implement an appropriate plan to provide dogs with the oppor- 50 tunity for daily exercise. In developing such plan, consideration should 51 be given to providing positive physical contact with humans that encour- 52 ages exercise through play or other similar activities. Such plan shall 53 be approved by the attending veterinarian, and [ must be made available54 to the department upon request] shall be provided to the department by 55 mail or electronic means in accordance with any regulations it may 56 promulgate.A. 72 3 1 8. Grooming. All animals shall be groomed regularly to prevent exces- 2 sive matting of fur, overgrown toenails and flea and tick infestation. 3 § 6. This act shall take effect on the ninetieth day after it shall 4 have become a law. Effective immediately, the addition, amendment and/or 5 repeal of any rule or regulation necessary for the implementation of 6 this act on its effective date are authorized to be made and completed 7 on or before such effective date.