A00738 Summary:

BILL NO    A00738 

SAME AS    SAME AS S01922

SPONSOR    Rosenthal

COSPNSR    

MLTSPNSR   

Amd S402, Ag & Mkts L

Relates to the sale of birds by pet dealers when such birds have not yet been
fully weaned.
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A00738 Actions:

BILL NO    A00738 

01/09/2013 referred to agriculture
01/08/2014 referred to agriculture
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A00738 Votes:

There are no votes for this bill in this legislative session.
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A00738 Memo:

BILL NUMBER:A738

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
weaned.

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.
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A00738 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          738

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    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.
                                                                  LBD02332-01-3
       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.
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