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A00072 Summary:

BILL NOA00072
 
SAME ASSAME AS S00613
 
SPONSORPaulin
 
COSPNSRGalef, Gottfried, Pichardo, Titone, Zebrowski, McDonough, Murray, Raia, Weprin
 
MLTSPNSRCook, 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.
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A00072 Memo:

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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A00072 Text:



 
                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.
                                                                   LBD01092-01-7

        A. 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  available
    54  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.
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