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A00072 Summary:

BILL NOA00072A
 
SAME ASSAME AS S06784
 
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: A72A
 
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 according to the provided standards. 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 adds a new subdivision to section 401 of the agriculture and markets law. This subdivision provides that all animals shall be groomed regularly to prevent excessive matting of fur, overgrown 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--A
                                                                Cal. No. 130
 
                               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 -- reported and referred to the Committee on  Codes
          --  advanced  to  a third reading, passed by Assembly and delivered to
          the Senate, recalled from the Senate, vote reconsidered, bill amended,
          ordered reprinted, retaining its place on the order of third reading
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01092-07-7

        A. 72--A                            2
 
     1  location  of  such  designated area must be such as to prevent or reduce
     2  the spread of disease to healthy animals and  must  otherwise  meet  all
     3  housing requirements of this section.
     4    §  2. Subdivision 2 of section 401 of the agriculture and markets law,
     5  as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
     6  follows:
     7    2.  Sanitation.  Housing  facilities, including primary enclosures and
     8  cages, shall be kept in a clean condition in order to maintain a healthy
     9  environment for the animal. This shall include removing  and  destroying
    10  any agents injurious to the health of the animal and periodic cleanings.
    11  Primary  enclosures  must  be  cleaned daily and sanitized at least once
    12  every two weeks by washing all soiled surfaces with  appropriate  deter-
    13  gent  solutions  and disinfectant or by using a combination detergent or
    14  disinfectant product that accomplishes the same purpose with a  thorough
    15  cleaning  of  the  surfaces to remove excreta, feces, hair, dirt, debris
    16  and food waste to permit effective sanitization,  followed  by  a  clean
    17  water rinse. The primary enclosure or cage shall be constructed so as to
    18  eliminate excess water, excretions, and waste material. Under no circum-
    19  stances  shall  the  animal  remain inside the primary enclosure or cage
    20  while it is being cleaned with sterilizing agents  or  agents  toxic  to
    21  animals  or cleaned in a manner likely to threaten the health and safety
    22  of the animal. Trash and waste products on the premises shall be proper-
    23  ly contained and disposed of so as to minimize  the  risks  of  disease,
    24  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. Section 401 of the agriculture and  markets  law  is  amended  by
    46  adding a new subdivision 8 to read as follows:
    47    8.  Grooming. All animals shall be groomed regularly to prevent exces-
    48  sive matting of fur, overgrown toenails and flea and tick infestation.
    49    § 6. This act shall take effect on the ninetieth day  after  it  shall
    50  have become a law. Effective immediately, the addition, amendment and/or
    51  repeal  of  any  rule  or regulation necessary for the implementation of
    52  this act on its effective date are authorized to be made  and  completed
    53  on or before such effective date.
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