NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2764
SPONSOR: Fernandez TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to prohibiting ear clipping and tail docking of dogs unless
deemed medically necessary to protect the life or health of the dog
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the ear clipping and tail docking of dogs unless deemed
medically necessary to protect the life or health of the dog.
SUMMARY OF PROVISIONS:
Section 1: Subdivision 1 of section 365 of the agriculture and markets
law, as amended by chapter 458 of the laws of 1985, is amended to estab-
lish that ear clipping of a dog is only permitted when a licensed veter-
inarian deems it medically necessary to protect the life or health of
the dog.
Section 2: The agriculture and markets law is amended by adding a new
section 365-a that will make the docking, or alteration, of dog tails -
or the assisting thereof - unlawful and punishable with a misdemeanor
and a fine of no more than $500, unless deemed medically necessary to
protect the life or health of the dog by a licensed veterinarian. Such
provisions will not apply to persons who dog had been certified as
having been docked before the date of August 1', 2019.
Section 3: This act shall take effect immediately.
JUSTIFICATION:
The docking of dog tails and ear clipping has recently become a cosmetic
process some owners undertake, according to the American Veterinary
Medical Association. Licensed professionals are vehemently against both
actions since they are extremely painful to dogs and there is no real
reason to do it. We must take steps to prevent such animal cruelty,
unless deemed absolutely necessary by a licensed veterinarian.
LEGISLATIVE HISTORY:
A11328 of 2018
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be decided
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
2764
2019-2020 Regular Sessions
IN ASSEMBLY
January 25, 2019
___________
Introduced by M. of A. FERNANDEZ -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting ear clipping and tail docking of dogs unless deemed medically
necessary to protect the life or health of the dog
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 365 of the agriculture and markets
2 law, as amended by chapter 458 of the laws of 1985, is amended to read
3 as follows:
4 1. Whoever clips or cuts off or causes or procures another to clip or
5 cut off the whole or any part of an ear of any dog unless an anesthetic
6 shall have been given to the dog and the operation performed by a
7 licensed veterinarian who deems such operation medically necessary to
8 protect the life or health of the dog, is guilty of a misdemeanor,
9 punishable by imprisonment for not more than one year, or a fine of not
10 more than one thousand dollars, or by both.
11 § 2. The agriculture and markets law is amended by adding a new
12 section 365-a to read as follows:
13 § 365-a. Docking dog tails; unlawful. 1. Any person who cuts the bone,
14 tissue, muscles or tendons of the tail of any dog, or otherwise operates
15 upon it in any manner for the purpose or with the effect of docking or
16 otherwise altering the natural carriage or length of the tail, or
17 assists, procures, promotes or encourages such cutting or operation for
18 reasons other than to protect the life or health of the dog as deemed
19 necessary by a duly licensed veterinarian, is guilty of a misdemeanor
20 punishable by a fine of not more than five hundred dollars.
21 2. The provisions of this section shall not apply to any dog or person
22 who is the owner or possessor of any dog whose tail has been certified
23 as having been docked, cut or altered prior to August first, two thou-
24 sand twenty.
25 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03623-01-9
