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A08551 Summary:

BILL NOA08551
 
SAME ASSAME AS S03026
 
SPONSORDais
 
COSPNSR
 
MLTSPNSR
 
Add §365-a, amd §374, Ag & Mkts L
 
Restricts the performance of surgical devocalization procedures on dogs and cats; prohibited for reasons of convenience in keeping or handling a dog or cat.
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A08551 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8551
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 20, 2025
                                       ___________
 
        Introduced  by  M. of A. DAIS -- read once and referred to the Committee
          on Agriculture
 
        AN ACT to  amend  the  agriculture  and  markets  law,  in  relation  to
          restricting  the  performance of surgical devocalization procedures on
          dogs and cats
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The agriculture and markets law is amended by adding a new
     2  section 365-a to read as follows:
     3    § 365-a. Devocalization of animals. 1. No  person  shall  perform  the
     4  surgical  devocalization  of  a dog or cat except in accordance with the
     5  provisions of this section.
     6    2. a. Surgical devocalization of a dog or cat shall be performed  only
     7  by  a  person licensed as a veterinarian pursuant to article one hundred
     8  thirty-five of the education law.
     9    b. Surgical devocalization of a dog or  cat  may  be  performed  where
    10  necessary  to  treat or relieve a physical illness, disease or injury or
    11  correct a congenital abnormality suffered  by  the  animal,  where  such
    12  physical  illness,  disease, injury or congenital abnormality is causing
    13  or may reasonably cause the animal physical pain or harm. Surgical devo-
    14  calization may not be performed for reasons of convenience in keeping or
    15  handling a dog or cat.
    16    3. Any veterinarian who performs a surgical  devocalization  procedure
    17  on  a dog or cat shall document the performance of such procedure in the
    18  treatment record of the patient, including the medical necessity  justi-
    19  fying  the procedure, as defined in section sixty-seven hundred fourteen
    20  of the education law.
    21    4. As used in this section, "devocalization" means a  surgical  proce-
    22  dure  on  the  larynx  or vocal cords of an animal intended to cause the
    23  reduction or elimination of vocal sounds produced  by  that  animal  and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00716-02-5

        A. 8551                             2
 
     1  includes  procedures commonly referred to as "debarking", "silencing" or
     2  "bark softening".
     3    5.  Any  veterinarian licensed pursuant to article one hundred thirty-
     4  five of the education law who knowingly performs, or knowingly causes to
     5  be performed, the surgical devocalization of a dog or cat  in  violation
     6  of  the  provisions  of this section shall be subject to a civil penalty
     7  not to exceed one thousand dollars and subject to the remedies available
     8  pursuant to article one hundred thirty of the education law, as added by
     9  chapter 987 of the laws of 1971.
    10    6. Any veterinarian who knowingly performs a  surgical  devocalization
    11  procedure  in  violation  of  the  provisions  of  this section shall be
    12  subject to the revocation or suspension of their license pursuant to the
    13  processes outlined in article one hundred thirty of the  education  law,
    14  as added by chapter 987 of the laws of 1971.
    15    §  2.  Paragraph  a of subdivision 8 of section 374 of the agriculture
    16  and markets law, as amended by chapter 594 of the laws of 2003 and  such
    17  subdivision as renumbered by chapter 479 of the laws of 2009, is amended
    18  to read as follows:
    19    a.  In  addition to any other penalty provided by law, upon conviction
    20  for any violation of section  three  hundred  fifty-one,  three  hundred
    21  fifty-three,  three  hundred fifty-three-a, three hundred fifty-three-b,
    22  three hundred fifty-five, three hundred fifty-six, three hundred  fifty-
    23  nine,  three  hundred  sixty,  three  hundred  sixty-one,  three hundred
    24  sixty-five, three hundred sixty-five-a or three hundred  sixty-eight  of
    25  this article, the convicted person may, after a duly held hearing pursu-
    26  ant  to  paragraph  f  of  this  subdivision, be ordered by the court to
    27  forfeit, to a duly incorporated society for the prevention of cruelty to
    28  animals or a duly incorporated humane society or authorized agents ther-
    29  eof, the animal or animals which are the basis of the  conviction.  Upon
    30  such  an  order  of  forfeiture, the convicted person shall be deemed to
    31  have relinquished all rights to the animals which are the basis  of  the
    32  conviction, except those granted in paragraph d of this subdivision.
    33    §  3. The commissioner of agriculture and markets and the commissioner
    34  of education are authorized and directed to promulgate and implement all
    35  rules, regulations and standards they  respectively  deem  necessary  to
    36  enforce  the  provisions  of this act on or before the effective date of
    37  this act.
    38    § 4. This act shall take effect on the ninetieth day  after  it  shall
    39  have become a law.
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