TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to the sale of birds by pet dealers
PURPOSE: To ensure the health of bird species before sale to the
public, and to provide the assurance that the public is purchasing
birds in optimal health.
SUMMARY OF PROVISIONS: An amendment is made to Section 402,
subdivision 1, of the Agriculture and Markets law specifying the
procedure of the sale of birds by pet dealers.
Birds not fully weaned cannot be sold unless a pet dealer discloses
the bird is not weaned; has provided training of proper hand-feeding
to the buyer; and buyer agrees in writing to produce the bird for
inspection at least once weekly until a bird is determined to be fully
JUSTIFICATION: The public can be unaware of the health of bird species
in pet dealer stores. While no pet dealer shall knowingly sell any cat
or dog younger than eight weeks of age, a bird can be sold at a young
age since there are no restrictions in place to prohibit a pet
dealer's intent to sell younger birds or those birds who need to
sustain a certain weight in order to fend and feed for themselves.
This act would prohibit pet dealers at retail to sell any fully weaned
bird to the public unless the public has been provided on training by
the pet dealer to hand-feed a bird, agrees in writing to at least once
a week bring the bird in for inspection, and has received disclosure
from the pet dealer that the bird is not weaned. These measures would
ensure birds are at optimal health and would receive the greatest care
at the point of sale between pet dealer and buyer.
LEGISLATIVE HISTORY: A.1767 of 2011-2012 A.7694C of 2009-2010.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the sixtieth 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 -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the sale
of birds by pet dealers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 402 of the agriculture and
2 markets law, as amended by chapter 110 of the laws of 2012, is amended
3 to read as follows:
4 1. The name and address of the person from whom each animal was
5 acquired. If the person from whom the animal was obtained is a dealer
6 licensed by the United States department of agriculture, the person's
7 name, address, and federal dealer identification number. If the person
8 from whom the animal was obtained is a dealer licensed by the depart-
9 ment, the person's name, address, and state dealer identification
10 number. In the case of cats, if a cat is placed in the custody or
11 possession of the pet dealer and the source of origin is unknown, the
12 pet dealer shall state the source of origin as unknown, accompanied by
13 the date, time, and location of receipt. Notwithstanding the provisions
14 of this subdivision, no pet dealer shall knowingly buy, sell, exhibit,
15 transport, or offer for sale, exhibition, or transportation any stolen
16 animal. No pet dealer shall knowingly sell any cat or dog younger than
17 eight weeks of age. NO PET DEALER SHALL SELL ANY BIRD AT RETAIL THAT HAS
18 NOT BEEN FULLY WEANED; PROVIDED, HOWEVER, THAT A PET DEALER MAY SELL
19 SUCH BIRD IF:
20 (A) DISCLOSURE IS MADE BY THE PET DEALER IN WRITING TO THE BUYER THAT
21 THE BIRD IS NOT WEANED;
22 (B) THE PET DEALER PROVIDES TRAINING TO THE BUYER ON PROPER HAND-FEED-
23 ING OF THE BIRD OR HAS A REASONABLE BELIEF THAT THE BUYER POSSESSES SUCH
24 KNOWLEDGE; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 738 2
1 (C) THE BUYER AGREES IN WRITING TO PRODUCE THE BIRD FOR INSPECTION AND
2 WEIGHTING BY THE PET DEALER NO LESS FREQUENTLY THAN ONCE WEEKLY UNTIL
3 SUCH TIME AS THE BIRD IS FULLY WEANED. FOR PURPOSES OF THIS SUBDIVI-
4 SION, THE TERM "WEANED" SHALL MEAN A BIRD THAT DOES NOT REQUIRE
5 HAND-FEEDING OR ANIMAL ASSISTANCE TO SUSTAIN AT LEAST NINETY PERCENT OF
6 ITS OWN WEIGHT AT THE TIME OF SALE. FOR PURPOSES OF THIS SUBDIVISION,
7 THE TERM "HAND-FEEDING" OR "HAND-FED" MEANS THE PROCESS BY WHICH A BIRD
8 IS MANUALLY FED BY A HUMAN THROUGH THE USE OF HAND, SPOON, OR ORAL
9 GAVAGE. AT THE TIME OF SALE, A PET DEALER SHALL DOCUMENT THE WEIGHT OF
10 ANY HAND-FED BIRD UNDER ONE YEAR OF AGE, AND NOTE THE WEIGHT ON THE
11 SALES RECEIPT.
12 S 2. This act shall take effect on the sixtieth day after it shall
13 have become a law.