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S06870 Summary:

S06870 Actions:

S06870 Committee Votes:

S06870 Floor Votes:

S06870 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6870--B
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      May 19, 2021
                                       ___________
 
        Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture -- recommitted
          to the Committee on Agriculture in accordance with Senate Rule 6, sec.
          8 -- committee discharged, bill amended, ordered reprinted as  amended
          and  recommitted  to  said  committee  --  committee  discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        AN  ACT  to amend the agriculture and markets law, in relation to stand-
          ards of care for animals held in,  or  being  transported  by,  animal
          shelters;  to amend the general business law, in relation to pet deal-
          ers; to amend the state finance law, in relation  to  establishing  an
          animal  shelter  regulation  fund; and to repeal certain provisions of
          the agriculture and markets law relating to pet dealers
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Legislative  intent.  The  department  of agriculture and
     2  markets holds statutory responsibility for the  oversight  of  municipal
     3  animal  shelters and any duly incorporated humane society, duly incorpo-
     4  rated society for the prevention of cruelty to animals or duly  incorpo-
     5  rated  animal  protective association providing contractual animal shel-
     6  tering services for local governments in this state. The department also
     7  holds statutory responsibility  for  registering  not-for-profit  animal
     8  shelters  or  rescue organizations as entities exempt from licensure and
     9  inspection under the agency's pet dealer program. Currently however,  no
    10  statutory  facility or animal care standards exist in law to which these
    11  organizations must conform to adequately  and  uniformly  ensure  animal
    12  health  and  wellbeing  at and in transport to and from such facilities.
    13  The legislature finds that the universe of entities  harboring  homeless
    14  dogs and cats in our communities and providing animal transport in-state
    15  and across state lines has evolved and grown exponentially over the past
    16  several  decades,  rendering  the  existing  statutory framework for the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09094-09-2
        S. 6870--B                          2
 
     1  oversight of such entities deficient and benefiting neither the adoptive
     2  families of dogs and cats in need nor the  organizations  that  work  so
     3  diligently to find safe, loving homes for them.
     4    Therefore,  it  is the stated purpose of this legislation to establish
     5  responsible, uniform and effective standards for the care  of  dogs  and
     6  cats  in  animal  shelters as defined herein to improve state oversight,
     7  ensure public trust and  provide  for  increased  protections  for  such
     8  animals while in the care of such facilities.
     9    §  2. The agriculture and markets law is amended by adding a new arti-
    10  cle 26-C to read as follows:
    11                                ARTICLE 26-C
    12                        REGULATION OF ANIMAL SHELTERS
    13  Section 420. Definitions.
    14          421. License required and inspection of facilities.
    15          422. Personnel training requirements.
    16          423. Recordkeeping and protocols.
    17          424. General facility standards.
    18          425. Animal housing.
    19          426. Sanitation.
    20          427. Shelter management protocols.
    21          428. Animal husbandry.
    22          429. Veterinary care.
    23          430. Behavior.
    24          431. Transportation.
    25          432. Foster care provider requirements.
    26          433. Violations.
    27          434. Waiving of requirements authorized.
    28    § 420. Definitions. For purposes of this article, the following  terms
    29  shall have the following meanings:
    30    1.  "Adoption" means the transfer of legal ownership to and possession
    31  by any natural person eighteen years of age or older,  for  the  limited
    32  purpose of harboring a pet, of any dog or cat, owned by the animal shel-
    33  ter regardless of whether a fee is involved.
    34    2.  "Adult" shall mean cats and dogs five months of age and older, for
    35  the purposes of determining appropriate housing within an  animal  shel-
    36  ter.
    37    3.  "Animal"  shall  mean a dog or cat as defined in this section, but
    38  shall not be construed to diminish or restrict the mission of any animal
    39  shelter defined in this section or other entity duly incorporated pursu-
    40  ant to section fourteen hundred three of the not-for-profit  corporation
    41  law solely to the care of dogs or cats.
    42    4.  "Air  handling  system" shall mean the device or equipment used to
    43  regulate, circulate, exchange, heat, and/or cool the air inside a build-
    44  ing.
    45    5. "Ambient temperature" shall mean the temperature of the environment
    46  inside a room or building.
    47    6. "Animal shelter" shall  mean  a  public  or  not-for-profit  entity
    48  owning,  operating,  or  otherwise maintaining a building, structure, or
    49  facility where temporary or permanent housing and care  is  provided  to
    50  stray, abandoned, abused, seized, impounded, owner-surrendered or other-
    51  wise  unwanted  animals  regardless of whether or not such facility also
    52  serves as a personal residence. This includes but  is  not  limited  to:
    53  facilities owned, operated, or maintained by a duly incorporated society
    54  for the prevention of cruelty to animals, duly incorporated humane soci-
    55  ety  dog  or  cat  protective  association,  or pound; any person in the
    56  employ of, or organization operated by or under contract  to  a  munici-
        S. 6870--B                          3
 
     1  pality  to  provide  care  for seized or impounded animals; or any other
     2  not-for-profit organization involved in the protection, care, or  rehom-
     3  ing  of  animals.  Unless  otherwise  provided in this article, the term
     4  "animal  shelter" shall not include the personal residence of any foster
     5  care provider as defined in this section; a facility commonly known as a
     6  boarding kennel, where the ownership of the animal is  not  transferred;
     7  any  entity licensed as a pet dealer pursuant to article twenty-six-A of
     8  this chapter; any duly incorporated animal hospital owned,  operated  or
     9  supervised  by  a  duly licensed veterinarian; or any facility where the
    10  owner or operator is licensed by the New York state department of  envi-
    11  ronmental  conservation as a nuisance wildlife control agent or wildlife
    12  rehabilitator.
    13    7. "Aseptic" shall mean procedures or techniques performed in a manner
    14  sufficient to exclude harmful bacteria, viruses,  or  other  microorgan-
    15  isms.
    16    8.  "Behavioral  evaluation"  shall  mean  an ordered series of inter-
    17  actions with an animal to determine their behavioral response to various
    18  stimuli likely to be encountered in a typical home environment.
    19    9. "Cat" shall mean any member of the species Felis catus,  regardless
    20  of age, sex, breed, ownership status or behavior around humans.
    21    10.  "Chemical capture" shall mean the use of drugs administered to an
    22  animal by a remote delivery system in order to  immobilize  it  for  the
    23  purposes of capture.
    24    11.  "Cleaning"  shall mean the physical removal of debris and organic
    25  material from an environment.
    26    12. "Conspecific" shall mean another member of the same species.
    27    13. "Control pole" shall mean a restraint device consisting of a rigid
    28  metal pole with an adjustable wire noose used for handling and restraint
    29  of dogs, also commonly referred to as a catch pole or rabies pole.
    30    14. "Death", for the purposes of  describing  the  disposition  of  an
    31  animal, shall mean those animals who die but are not euthanized, regard-
    32  less of cause.
    33    15.  "Disinfection"  shall  mean  the process where microorganisms are
    34  killed or inactivated, typically through the application of  a  chemical
    35  or by some physical process (e.g. steam, heat, etc).
    36    16. "Dog" shall mean any member of the species Canis lupis familiaris,
    37  regardless  of  age,  sex,  breed,  ownership status, or behavior around
    38  humans.
    39    17. "Drop boxes" shall mean unattended enclosures at an animal shelter
    40  that are accessible to the public and used to contain animals brought to
    41  the animal shelter outside of regular business hours.
    42    18. "Enclosure" shall be defined as an area of  confinement  used  for
    43  housing  a  single animal or group of animals housed together. An enclo-
    44  sure may be a cage, run, kennel, room, or other such confining area.
    45    19. "Enriched" shall mean environment that reduces stress and promotes
    46  the physical health and behavioral well-being of an animal.
    47    20. "Enrichment" shall mean a process for  improving  the  environment
    48  and  behavioral  care  of confined animals in order to reduce stress and
    49  improve well-being.  Enrichment shall include, but not  be  limited  to,
    50  providing  physical  and mental stimulation, encouraging species-typical
    51  behaviors, and modifying the animal's housing environment.
    52    21. "Foster care  provider"  shall  mean  any  individual  voluntarily
    53  providing  temporary  care  for  one  or more animals in their home that
    54  remain in the custody and under the responsibility of an animal shelter.
        S. 6870--B                          4

     1    22. "Infectious disease" shall mean a disease or condition  caused  by
     2  bacteria,  viruses, fungi or parasites that can be transmitted, directly
     3  or indirectly, from one animal or individual to another.
     4    23.  "Intracardiac"  shall mean an injection made directly into one of
     5  the chambers of the heart.
     6    24. "Intrahepatic" shall mean an injection made into the liver.
     7    25. "Intrarenal" shall mean an injection made into the kidney.
     8    26. "Intrasplenic" shall mean an injection made into the spleen.
     9    27. "Juvenile" shall mean any cat or dog between two and  five  months
    10  of  age  for  the  purposes of determining appropriate housing within an
    11  animal shelter.
    12    28. "Loss" for the  purposes  of  describing  the  disposition  of  an
    13  animal,  shall  mean those animals who escape or go missing while in the
    14  care of an animal shelter.
    15    29. "Long-term stay" shall mean any duration  of  care  in  an  animal
    16  shelter of fourteen days or longer.
    17    30.  "Neonate"  shall mean any cat or dog less than two months of age,
    18  for the purposes of determining appropriate  housing  within  an  animal
    19  shelter.
    20    31.  "Pathogen"  shall  mean  a  biologic  organism capable of causing
    21  disease in an animal, such as a bacteria, virus, or fungus.
    22    32. "Primary enclosure" shall mean the area of  confinement  used  for
    23  housing  an  animal and where the animal spends the majority of its time
    24  in an animal shelter.
    25    33. "Thermoregulation" shall mean the ability of an animal to maintain
    26  its internal body temperature within a normal physiologic range.
    27    34. "Transport" shall mean the physical movement of an animal from one
    28  location to another, regardless of purpose and whether or not custody or
    29  responsibility for such animal changes as a result, when carried out  by
    30  the shelter or an agent thereof.
    31    35.  "Transfer"  shall  mean  the  transfer  of ownership and physical
    32  custody of an animal for an animal's care and well-being from an  animal
    33  shelter  to  another  organization as authorized pursuant to subdivision
    34  five of section three hundred seventy-four of this chapter.
    35    36. "Unenveloped virus" shall mean  those  viruses  without  an  outer
    36  lipid  layer  that  are  more difficult to inactivate through sanitation
    37  procedures.  Unenveloped viruses of concern in an animal  shelter  envi-
    38  ronment  include canine and feline parvoviruses, feline calicivirus, and
    39  canine adenovirus-2.
    40    37. "Zoonotic" shall mean any disease that may be transmitted  between
    41  humans and animals.
    42    §  421.  License  required and inspection of facilities. 1. Any person
    43  eligible for exemption from the definition of  pet  dealer  pursuant  to
    44  paragraphs  (b)  and  (c) of subdivision four of section four hundred of
    45  this chapter shall  be  licensed  by  the  department  pursuant  to  the
    46  provisions  of  this section. Notwithstanding the foregoing, any person,
    47  operating an animal shelter on or before  the  effective  date  of  this
    48  section,  who has filed an application for an initial license under this
    49  article is hereby authorized to operate without such license  until  the
    50  commissioner  grants  or,  after  notice  of an opportunity to be heard,
    51  declines to grant such license. Each application for  license  shall  be
    52  made  on a form supplied by the department and shall contain such infor-
    53  mation as required by the commissioner. Renewal  applications  shall  be
    54  submitted  to  the  commissioner  at  least  thirty  days  prior  to the
    55  commencement of the next license year.
        S. 6870--B                          5

     1    2. Application for licensure as set forth in  this  section  shall  be
     2  made  annually  to  the commissioner on a form prescribed by the commis-
     3  sioner. Such form shall include but not  be  limited  to  the  following
     4  information,  provided  however that paragraphs (a), (b) and (c) of this
     5  subdivision  shall  not apply to municipal pounds or shelters as defined
     6  in paragraph (b) of subdivision four of section  four  hundred  of  this
     7  chapter:
     8    (a)  Proof of the applicant's tax exempt designation pursuant to para-
     9  graph 3 of subsection (c) of section 501 of the federal Internal Revenue
    10  Code, 26 U.S.C. 501, or any subsequent  corresponding  sections  of  the
    11  federal Internal Revenue Code, as from time to time amended;
    12    (b)  Proof of the applicant's incorporation as a not-for-profit organ-
    13  ization in this state pursuant to the  not-for-profit  corporation  law,
    14  provided  further  that  such  organization is in good standing with the
    15  attorney general and the department of state;
    16    (c) Proof of the applicant's registration with  the  attorney  general
    17  pursuant to article seven-A of the executive law;
    18    (d)  If  the  applicant  is a municipal pound or shelter as defined in
    19  paragraph (b) of subdivision four of section four hundred of this  chap-
    20  ter, a copy of the applicant's employer identification number;
    21    (e)  The  name  of the applicant and the name or names under which the
    22  applicant offers its services to the public, any name  under  which  the
    23  applicant  has  offered such services to the public during the past five
    24  years, and whether the applicant has ever  held  a  pet  dealer  license
    25  issued pursuant to article twenty-six-A of this chapter;
    26    (f)  The  address  and  telephone  number of the applicant and for any
    27  other premises owned or leased by such applicant's organization to carry
    28  out the purposes for which it was incorporated and by which it is eligi-
    29  ble for a licensing exemption pursuant to  paragraphs  (b)  and  (c)  of
    30  subdivision four of section four hundred of this chapter;
    31    (g) The website and email address of the applicant;
    32    (h)  The number of animals taken in, adopted, placed into permanent or
    33  temporary homes, or otherwise transferred into, out of,  or  within  the
    34  state by the applicant during the prior calendar year;
    35    (i) The number of animals currently harbored by the applicant;
    36    (j)  The  species  of  animal  the  applicant  typically  harbors  for
    37  adoption, placement or transfer;
    38    (k) A description of facilities by which the applicant carries out the
    39  purposes for which it was incorporated, including a statement  regarding
    40  whether  the  applicant harbors the animals in its care in its own phys-
    41  ical animal shelter or utilizes foster care provider  homes,  commercial
    42  boarding kennels or other arrangements;
    43    (l) A sworn statement, signed by the applicant, declaring an exemption
    44  from  the  definition  of pet dealer pursuant to section four hundred of
    45  this chapter;
    46    (m) Current training protocol and procedural practices  as  prescribed
    47  pursuant  to  sections  four hundred twenty-two and four hundred twenty-
    48  three of this article; and
    49    (n) Other information as deemed necessary to satisfy the  commissioner
    50  of the applicant's character and responsibility.
    51    3.  The  commissioner  shall  conduct an inspection of the applicant's
    52  facilities prior to the issuance of a license pursuant to this  section,
    53  and  annual  inspections of the applicant's facilities licensed pursuant
    54  to this section prior to renewal of such license. The  commissioner  may
    55  periodically  conduct  unannounced  inspections  of such facilities, and
    56  whenever, in the discretion of the commissioner,  a  complaint  warrants
        S. 6870--B                          6
 
     1  such  investigation.   Animal shelters licensed pursuant to this section
     2  shall provide open hours to the commissioner  so  that  inspections  can
     3  occur in a timely manner. Renewal of an animal shelter license shall not
     4  be  granted  until  all  outstanding  violations issued pursuant to this
     5  article are corrected and any outstanding  monetary  penalties  assessed
     6  pursuant to this article are paid in full.
     7    4.  Upon  validation by the commissioner, the application shall become
     8  the license of the animal shelter and an exemption from  the  definition
     9  of  pet  dealer as defined in section four hundred of this chapter shall
    10  be granted. The commissioner shall retain a copy  of  such  license  and
    11  provide  a  copy  of the license to the animal shelter.  Animal shelters
    12  licensed pursuant to this  section  shall  conspicuously  display  their
    13  license on the premises where its animals are harbored. The commissioner
    14  shall  also provide the licensee with a pet dealer exemption identifica-
    15  tion number. The licensee's pet dealer exemption  identification  number
    16  shall be prominently displayed on the licensee's websites and any publi-
    17  cations or advertisements made available to the public.
    18    5.  Such  license  shall  be renewable annually, upon the payment of a
    19  nonrefundable fee of one hundred fifty dollars.
    20    6. The moneys received by the commissioner pursuant  to  this  section
    21  shall  be  deposited in the "animal shelter regulation fund" established
    22  pursuant to section ninety-nine-pp of the state finance law.
    23    7. The commissioner may decline to grant or renew, or may  suspend  or
    24  revoke  an  animal  shelter license, on any one or more of the following
    25  grounds, provided that before any  of  the  aforementioned  actions  are
    26  taken  pursuant  to this section, the commissioner shall hold a hearing,
    27  upon due notice to the  licensee  in  accordance  with  any  regulations
    28  promulgated  by the department and in accordance with articles three and
    29  four of the state administrative procedure  act,  and  provided  further
    30  that  any  action of the commissioner is subject to judicial review in a
    31  proceeding under article seventy-eight of the  civil  practice  law  and
    32  rules:
    33    (a) material misstatement in the license application;
    34    (b)  material  misstatement in or falsification of records required to
    35  be kept pursuant to this article, or under  any  regulation  promulgated
    36  thereunder,  or  failure to allow the commissioner to inspect records of
    37  animal shelter facilities;
    38    (c) violation of any provision of this  article  or  conviction  of  a
    39  violation  of  any  provision  of  article twenty-six of this chapter or
    40  regulations promulgated thereunder pertaining  to  humane  treatment  of
    41  animals,  cruelty  to  animals,  endangering  the  life  or health of an
    42  animal, or violation of any federal, state, or local law  pertaining  to
    43  the  care,  treatment,  sale,  possession, or handling of animals or any
    44  regulation or rule relating to the endangerment of the life or health of
    45  an animal;
    46    (d) failure to comply with any of the provisions of  this  article  or
    47  the  licensing  exemption  requirements  of section four hundred of this
    48  chapter; 1 NYCRR Part 65 regarding the importation  of  dogs  and  cats;
    49  section  twenty-one  hundred  forty-one  of the public health law or any
    50  rule or regulation promulgated thereunder; or  any  rule  or  regulation
    51  promulgated  by  the  commissioner  following the effective date of this
    52  article to effectuate the purposes of this article;
    53    (e) failure to renew a license within the period prescribed in  subdi-
    54  vision one of this section; or
    55    (f) the applicant or registrant was previously licensed as a pet deal-
    56  er pursuant to article twenty-six-A of this chapter.
        S. 6870--B                          7
 
     1    §  422.  Personnel  training  requirements.  1.  Each  animal  shelter
     2  licensed pursuant to this article shall provide training  to  all  staff
     3  members  and volunteers having direct animal care responsibilities. Such
     4  training shall be provided within the first sixty days of employment and
     5  at  least  annually  thereafter  and shall be in addition to any and all
     6  training otherwise required by federal, state, or  local  law  or  regu-
     7  lation.
     8    2.  Acceptable  training  modalities shall include, but not be limited
     9  to, online webinars, on-site lectures or seminars, off-site  conferences
    10  for animal shelter staff, or other formal training modalities as author-
    11  ized by the commissioner.
    12    3.  Training  topics shall include, but not be limited to, the follow-
    13  ing:
    14    (a) humane handling techniques;
    15    (b) infectious diseases commonly found in animal shelters;
    16    (c) zoonotic diseases;
    17    (d) animal cruelty;
    18    (e) sanitation procedures;
    19    (f) body language and  normal  behaviors  for  all  species  regularly
    20  handled; and
    21    (g) required documentation and data entry.
    22    4. Complete documentation of training sessions shall be maintained for
    23  a  period  of  not  less  than  three  years  from  the date of training
    24  completion. Such documentation shall include, but not be limited to, the
    25  following:
    26    (a) the date of training delivery and the date of completion;
    27    (b) the topic or topics of the training session; and
    28    (c) the provider of the training and a list of training course attend-
    29  ees.
    30    § 423. Recordkeeping and protocols. 1. Each animal shelter shall exam-
    31  ine an animal upon intake for unique identifiers and any other  form  of
    32  identification  that  may  allow  for  reunification  with  an owner, as
    33  prescribed in sections one hundred seventeen and three  hundred  eighty-
    34  two of this chapter.
    35    2.  Each  animal  shelter  shall create and maintain a record for each
    36  animal in their custody or possession which shall minimally include:
    37    (a) Unique identifiers and any other  identification  associated  with
    38  the  animal  upon  examination  at entry, including but not limited to a
    39  tattoo, a permanent official  identification  number  as  prescribed  in
    40  section one hundred twelve of this chapter or other identification tags,
    41  rabies tags and numbers, or a microchip number, if present;
    42    (b)  The name, address and telephone number of the person surrendering
    43  an animal or from whom an  animal  is  seized,  and  additional  contact
    44  information  as  the  commissioner may require, or the address or cross-
    45  streets and city, town, or village where the animal was located or found
    46  prior to intake, if known;
    47    (c) The date of intake into and departure from the animal shelter;
    48    (d) Whether the animal  was  adopted,  transferred,  redeemed  by  its
    49  owner,  died  or  was humanely euthanized, and, if applicable, the name,
    50  address, and phone number of the receiving individual or agency;
    51    (e)  Basic  descriptors  including  species,  age,  gender,   physical
    52  description  including  color, and the spay or neuter status at entry if
    53  determinable with reasonable certainty;
    54    (f) Any available behavioral or health history or  information  other-
    55  wise  obtained  at intake, including bite history and rabies vaccination
    56  status, when known; and
        S. 6870--B                          8
 
     1    (g) All veterinary and  behavioral  examinations,  treatments,  proce-
     2  dures,  or medications occurring during the animal's time under the care
     3  of the shelter.
     4    3.  Notwithstanding  any  other  provision of law or regulation to the
     5  contrary, records for each animal shall be maintained for not less  than
     6  three years from the date of animal departure.
     7    4.  Previous  bite  history  shall be fully disclosed in writing to an
     8  adopter, transfer partner, or  reclaiming  owner  and  provided  in  any
     9  reports regarding the animal, as applicable.
    10    5.  Nothing  in  this  section  shall  preclude or otherwise supersede
    11  record disclosure requirements prescribed in section sixty-seven hundred
    12  fourteen  of  the  education  law,  or  any  requirement  regarding  the
    13  creation,  maintenance,  or  retention  of veterinary medical records in
    14  state or federal law or veterinary practice guideline.
    15    6. Each animal shelter shall  maintain  a  record  of  its  designated
    16  foster  care  providers  that shall include the written agreement estab-
    17  lished between such  animal  shelter  and  such  providers  pursuant  to
    18  section  four  hundred thirty-two of this article, each provider's name,
    19  address, telephone number, email address if available, types of  animals
    20  for  which  the provider is willing to provide care, inspection reports,
    21  and current number of animals in the care of a  designated  foster  care
    22  provider.  Such  records  shall  be updated immediately in the event any
    23  contact information for a given foster care provider changes.
    24    7. Each animal shelter shall maintain summary records of  their  total
    25  annual  animal  intake and dispositions by species, by source of intake,
    26  and by type of disposition. Such records shall be made available to  the
    27  commissioner  upon  request.  The  commissioner  shall make such records
    28  available to the public upon request pursuant  to  article  six  of  the
    29  public officers law.
    30    8.  Each  animal  shelter shall develop and maintain written protocols
    31  sufficiently detailed to achieve and maintain the  standards  prescribed
    32  in this section. These shall include, but not be limited to, the follow-
    33  ing:
    34    (a) animal handling;
    35    (b) behavioral assessment;
    36    (c) enrichment and stress reduction;
    37    (d) management of bite/scratch cases; and
    38    (e) sanitation.
    39    9.  Each  animal shelter shall also develop and maintain the following
    40  written protocols, approved by a duly licensed veterinarian  and  suffi-
    41  ciently  detailed  to  achieve  and maintain the standards prescribed in
    42  this article:
    43    (a) nutrition and feeding;
    44    (b) physical examination;
    45    (c) emergency veterinary care;
    46    (d) pain management;
    47    (e) vaccinations;
    48    (f) parasite control;
    49    (g) anesthesia and surgery, if performed on-site by the organization;
    50    (h) humane euthanasia; and
    51    (i) outbreak management/control of infectious diseases.
    52    10. Protocols established by each  animal  shelter  pursuant  to  this
    53  section  shall  be  reviewed annually and updated as necessary by desig-
    54  nated administrative and managerial staff. Such protocols shall be  made
    55  readily accessible to appropriate staff and volunteers.
        S. 6870--B                          9
 
     1    §  424. General facility standards. 1. All facilities and all interior
     2  components of each animal shelter shall be constructed of materials that
     3  ensure a sound physical structure, and shall  be  maintained  so  as  to
     4  protect  animals  from  injury, ensure containment of animals within the
     5  property, and restrict unauthorized entry of other animals and humans to
     6  the building.
     7    2.  Indoor  building  surfaces in direct contact with animals shall be
     8  constructed of materials that are non-porous, water resistant, non-toxic
     9  and able to withstand regular cleaning and disinfection. Adequate drain-
    10  age shall prevent the accumulation of water or other liquids on floors.
    11    3. Electrical power and running water shall be maintained to all parts
    12  of the facility that house animals, with  written  emergency  plans  for
    13  back-up  sources  or  relocation of the animals to a safe environment in
    14  the event of outages lasting more than four hours.
    15    4. Readily accessible sinks shall be convenient  to  all  animal  care
    16  areas.  Single  service soap and towels or electric hand dryers shall be
    17  available at all hand-washing locations.
    18    5. Ambient temperatures in all indoor animal housing  areas  shall  be
    19  routinely maintained between sixty and eighty degrees fahrenheit.
    20    6.  Each  animal  shall  be monitored and provided with an environment
    21  allowing maintenance of normal body temperature based on species, breed,
    22  body condition, medical condition, and age.
    23    7. Each animal shelter  shall  document  regular  maintenance  of  air
    24  handling systems according to the manufacturer's recommendations.
    25    8. Ammonia levels shall be kept at less than two parts per million.
    26    9.  Each  animal  shelter shall provide separate housing areas, segre-
    27  gated by species and from uninfected, unexposed animals, for the housing
    28  of any animal with an infectious disease that may be transmitted  within
    29  the  shelter  environment  and  requiring  isolation  as determined by a
    30  licensed veterinarian. Doors separating such rooms from the remainder of
    31  the facility shall be kept closed.
    32    10. Each animal shelter shall minimize continuous exposure of  person-
    33  nel  and  animals to sound levels exceeding eighty-five decibels. Active
    34  measures shall be taken and documented to minimize sound levels in hous-
    35  ing areas. Such measures may include modified kennel design,  relocation
    36  of particularly loud animals, or use of visual barriers, sound baffling,
    37  and  behavioral  enrichment  protocols.  Each animal shelter shall use a
    38  decibel-meter at a minimum of once weekly to measure the level of  sound
    39  in  their  kennels  during  cleaning and resting times. A record of such
    40  measurements and the date such measurements were recorded shall be main-
    41  tained by each animal shelter.
    42    11. Each animal  shelter  shall  provide  animal  housing  areas  that
    43  provide  adequate  lighting and a means to maintain diurnal light cycles
    44  pursuant to an established schedule.  All animals shall have  a  minimum
    45  of  eight  hours  each  of  light and darkness within a twenty-four-hour
    46  cycle.
    47    12. Each animal shelter shall establish and maintain  a  written  plan
    48  for pest and vermin control including the following:
    49    (a)  Method  of  controlling  rodent infestation that is effective and
    50  safe for both humans, and animals housed in the facility;
    51    (b) A record or copies of service reports from outside service provid-
    52  ers related to pest and vermin control that  documents  dates,  methods,
    53  locations, and outcomes, if applicable; and
    54    (c)  Food  stored  in  rodent  proof  containers  to prevent spoilage,
    55  contamination, and  infestation  once  opened,  if  packaging  has  been
    56  damaged, or as otherwise required by such plan.
        S. 6870--B                         10
 
     1    13.  The use of unattended drop boxes for intake of animals is prohib-
     2  ited.
     3    §  425.  Animal housing. 1. Each licensed animal shelter shall provide
     4  each animal in its custody or possession with a suitable primary  enclo-
     5  sure that meets the requirements prescribed in this section.
     6    2.  Unsupervised  tethering  for  periods  exceeding thirty minutes is
     7  prohibited.
     8    3. Animal housing shall meet the following requirements:
     9    (a) materials  used  in  housing  construction  shall  be  non-porous,
    10  water-resistant,  non-toxic,  and able to withstand regular cleaning and
    11  disinfection;
    12    (b) drainage shall prevent accumulation of water or other  liquids  on
    13  floors; and
    14    (c) housing shall be structurally sound, in good repair and maintained
    15  in  a safe, working condition to properly confine animals, prevent inju-
    16  ry, keep animals safe from predation, keep other animals out, and  allow
    17  animals to remain dry and clean.
    18    4.  Wire  or  slat-bottom  cages are prohibited unless a solid tray is
    19  provided for the cage bottom to prevent injury to the animal.
    20    5. Animal populations shall be segregated appropriately, in accordance
    21  with the following requirements:
    22    (a) dogs and cats shall be housed in separate rooms with efforts  made
    23  to  minimize  the  exposure of cats to the barking of dogs to the extent
    24  practicable;
    25    (b) animals of the same species shall be separated by age groups (e.g.
    26  neonates and juveniles; adults)  except  that  nursing  animals  may  be
    27  housed with their offspring;
    28    (c)  animals  with  known  or  suspected  infectious diseases shall be
    29  housed in isolation areas as prescribed in subdivision nine  of  section
    30  four hundred twenty-four of this article;
    31    (d)  nothing  in  this  subdivision  shall be construed to prevent the
    32  temporary housing of animals  in  areas  without  such  segregation  for
    33  medical care and in pre- and post-operative surgical areas.
    34    6.  Well-socialized,  healthy  animals  may be housed with one or more
    35  conspecifics.   Animals housed together shall  be  compatible  and  have
    36  similar  environmental  requirements. Such housing shall not allow expo-
    37  sure to numerous different animals on a frequently changing basis.
    38    7. Prior to being housed with one or more other animals the  following
    39  conditions shall apply:
    40    (a)  all  animals  are  vaccinated  and dewormed against the pathogens
    41  specified in section four hundred twenty-nine of this article;
    42    (b) physical examinations verifying the absence of clinical  signs  of
    43  infectious diseases have been performed;
    44    (c)  surgical  sterilization  or housing in same-sex groupings, except
    45  littermates under twelve weeks of age; and
    46    (d) the animal has a collar or tag to  facilitate  visual  identifica-
    47  tion,  unless  the animal's age or condition is such that application of
    48  visual identification is not practicable or would be detrimental to  the
    49  animal's health.
    50    8.  Animals that are poorly socialized, fearful, or aggressive towards
    51  other animals or that are ill, injured, or within a week of whelping  or
    52  queening  shall  be  housed  individually  in a suitably sized, enriched
    53  primary enclosure.
    54    (a) Littermates under the age of twelve weeks may be co-housed  in  an
    55  isolation area if all individuals are infected with the same infectious,
    56  contagious, parasitic or communicable disease.
        S. 6870--B                         11
 
     1    (b)  Dogs  and  cats within a week of giving birth or until separation
     2  from the offspring shall be provided with a box with a solid floor large
     3  enough to allow the animal to lie fully stretched on its  side,  permit-
     4  ting  all  offspring  to  nurse  and  to accommodate all offspring until
     5  weaned;  and an area large enough to allow the dam or queen to leave the
     6  whelping box.
     7    9. Each enclosure shall clearly indicate the identities of all animals
     8  contained within, specifying each animal's unique identifier as required
     9  under section four hundred twenty-three of  this  article.  Each  animal
    10  shall also be individually identified.
    11    10.  All  primary  enclosures  shall provide sufficient space to allow
    12  each animal, regardless of species, to:
    13    (a) make all normal postural adjustments;
    14    (b) fully stretch its body and have sufficient  room  to  circle,  lie
    15  down,  and  stand upright without the head or tail touching the sides of
    16  the enclosure even with the presence of  water  and  food  bowls,  beds,
    17  litter boxes, and other normal cage objects; and
    18    (c)  allow  animals  to  sit,  sleep  and eat away from areas of their
    19  enclosure where they defecate and urinate.
    20    11. Any primary enclosure housing two or more  animals  shall  provide
    21  the following:
    22    (a)  sufficient  space and quality of environment to allow all animals
    23  to maintain social distances;
    24    (b) adequate areas for hiding, resting, feeding, and elimination  with
    25  sufficient  space  to  separate areas and the ability for all animals to
    26  access those areas.
    27    12. Regardless of the size of the primary  enclosure,  the  number  of
    28  animals cohoused in a primary enclosure at one time shall not exceed the
    29  following thresholds:
    30    (a) twelve adult cats;
    31    (b) two litters of kittens not to exceed ten kittens total;
    32    (c) five adult dogs; or
    33    (d) one litter of puppies.
    34    13.  Puppies  and  kittens less than sixteen weeks of age shall not be
    35  housed in the same enclosure with adults other than their dam or  queen,
    36  or foster or surrogate dam or queen.
    37    14.  All  animals  housed with one or more conspecifics shall be sepa-
    38  rated for feeding or observed at feeding times for  antagonistic  inter-
    39  actions that pose a safety and welfare concern.
    40    15.  Animals  shall  not be housed outdoors for more than twelve hours
    41  within a twenty-four-hour period, with  the  exception  of  free-roaming
    42  cats under the care of the animal shelter.
    43    16.  Outdoor primary enclosures shall comply with all housing require-
    44  ments prescribed in this section and shall provide the following:
    45    (a) protection from the elements at all times;
    46    (b) adequate drainage to prevent the accumulation of excess  water  in
    47  or around the enclosures;
    48    (c)  a  moisture-proof,  insulated  shelter  structure large enough to
    49  simultaneously accommodate all animals in the enclosure, unless  immedi-
    50  ate entry to an indoor portion of the enclosure is accessible;
    51    (d)  security from unauthorized entry of other animals into the enclo-
    52  sure;
    53    (e) a separate, shaded area sufficient to  simultaneously  accommodate
    54  all  animals,  except  when  animals  have immediate access to an indoor
    55  portion of the enclosure;
        S. 6870--B                         12
 
     1    (f) clean dry bedding at all times and a heat source when the  outdoor
     2  temperature falls below fifty degrees fahrenheit; and
     3    (g)  enclosures  that  allow  outdoor  access  for cats shall be fully
     4  enclosed to prevent escape from the enclosure.
     5    17. For any animal in the custody or possession of any animal  shelter
     6  for  fourteen  days  or longer, alternative housing shall be provided in
     7  one of the following formats:
     8    (a) enriched cages at least twice the size otherwise required  for  an
     9  animal's size;
    10    (b)  foster care in a private home, office, or other suitable off-site
    11  location; or
    12    (c) room housing.
    13    § 426. Sanitation. Any animal shelter licensed pursuant to this  arti-
    14  cle  shall  establish and maintain sanitation protocols that include the
    15  following:
    16    1. use of one or more agents that have cleaning and disinfectant prop-
    17  erties that are effective under conditions present in a  given  environ-
    18  ment and with demonstrated effectiveness against the pathogens for which
    19  animals are at risk;
    20    2.  removal of animals from enclosures and placement in another appro-
    21  priate enclosure or separation from the area  being  cleaned  or  disin-
    22  fected  by a functional compartment door when water, cleaning, or disin-
    23  fecting agents are sprayed in or near an animal's enclosure;
    24    3. dedicated equipment for cleaning and disinfection for use  in  each
    25  separate  area  of the shelter designated as cat or dog isolation, hold-
    26  ing, adoptions or other functionally separate areas within the facility;
    27    4. cleaning and disinfecting in between each use of items and surfaces
    28  that come into contact with animals, including but not limited  to  food
    29  and  water bowls, litter boxes and exam tables, or procedures to discard
    30  and replace with new items for each animal;
    31    5. cleaning and disinfecting all enclosures for temporary or permanent
    32  housing before a new animal enters such enclosure;
    33    6. daily cleaning and at least once weekly disinfecting of  enclosures
    34  that house the same animal or animals during a long-term stay;
    35    7.  cleaning  and  disinfecting  enclosures when the enclosure becomes
    36  heavily soiled or otherwise contaminated or a new animal is added to the
    37  enclosure;
    38    8. laundering of all animal bedding in a machine with  detergent  when
    39  soiled  and thoroughly drying such bedding before reuse, or removing and
    40  disposing of such bedding appropriately;
    41    9. cleaning of outdoor premises from clutter that may  pose  a  safety
    42  concern and fecal material removed at least once daily;
    43    10.  appropriate  use  and disposal of protective garments worn during
    44  cleaning and intensive animal-handling activities within an animal shel-
    45  ter; and
    46    11. proper hygiene of shelter staff, volunteers, and visitors, includ-
    47  ing signage, supervision, and hand sanitation.
    48    § 427. Shelter management protocols. 1. Each animal shelter shall have
    49  a clear, written, management structure  that  defines  staff  authority,
    50  reporting  structure  and responsibilities, and is readily accessible to
    51  all staff and volunteers.
    52    2. Staffing shall be sufficient to allow adequate  time,  per  animal,
    53  for cleaning and daily feeding, and to meet the minimum requirements for
    54  socialization  and  exercise  of  animals  as prescribed in section four
    55  hundred thirty of this article.
        S. 6870--B                         13
 
     1    3. The total number of animals housed in an animal shelter facility or
     2  foster home shall not exceed the number of housing  units  available  at
     3  the  facility  as  required  by section four hundred twenty-five of this
     4  article; provided, however, that exceptions to the  provisions  of  this
     5  subdivision  shall  be  permissible for periods not to exceed forty-five
     6  contiguous days in the event of an animal seizure  pursuant  to  article
     7  twenty-six  of  this  chapter  or  a  natural disaster where an official
     8  declaration of the disaster or emergency has been made.
     9    4. All animals shall be observed daily by a  manager  or  designee  to
    10  identify each animal's needs for care, housing and service and to ensure
    11  that each animal has a plan to advance efficiently through the shelter.
    12    § 428. Animal husbandry. 1. (a) Each animal shelter shall provide each
    13  animal  under  its  care  with  fresh, potable water at all times unless
    14  otherwise directed by a duly licensed veterinarian.
    15    (b) Each animal shelter shall  feed  each  animal  under  its  care  a
    16  complete and nutritionally balanced, species-specific and life-stage-ap-
    17  propriate  diet  as  indicated  by the animal's age, weight, and medical
    18  health, or as directed by a duly  licensed  veterinarian  in  accordance
    19  with the written protocols required by section four hundred twenty-three
    20  of this article.
    21    (c)  Food  shall be provided at least once daily for adult animals, at
    22  least twice daily for animals less than six months of age, and at  least
    23  three times daily for animals less than two months of age.
    24    (d) Perishable animal food shall be refrigerated.
    25    (e)  Animal  food  and water containers shall be present in sufficient
    26  number and location to safely enable each animal  in  the  enclosure  to
    27  access  an adequate supply of food and water. Food and water bowls shall
    28  be of the type that can be easily sanitized, be kept clean and shall  be
    29  cleaned  and  disinfected  prior  to  use  by a different animal, unless
    30  disposable bowls are used and replaced between animals.
    31    (f) Each animal shall be observed during  or  following  each  feeding
    32  time  to  ensure  daily  food intake, or at least once every twenty-four
    33  hours for animals continually offered food. Such observations  shall  be
    34  recorded.
    35    2.  (a) Humane and safe physical restraint to limit some or all normal
    36  voluntary movement of any animal in each  animal  shelter's  care  shall
    37  minimize  fear,  pain, stress and suffering for the animal, protect both
    38  the animal and personnel from harm, and be of the  least  intensity  and
    39  duration  required  to  allow the specific procedure or procedures to be
    40  performed properly.
    41    (b) (i) Frightened or fractious animals may be appropriately  tranqui-
    42  lized, under the orders and supervision of a duly licensed veterinarian,
    43  if they cannot be restrained safely and humanely.
    44    (ii) No physical force shall be used as punishment or in anger.
    45    (iii)  Handling methods shall minimize the chance of escape and ensure
    46  the safety of both humans and animals.
    47    (c) Restraint devices and handling techniques employed by each  animal
    48  shelter  shall be used in a manner that minimizes animal stress and risk
    49  of injury to both animals and personnel, in the event such  devices  and
    50  techniques are necessary for the safe handling of the animal.
    51    (i) All equipment shall be maintained in good working order.
    52    (ii)  Cats  shall  not be restrained with control poles. Humane traps,
    53  cat boxes, nets, towels, or other  equipment  appropriate  for  handling
    54  fractious  animals  may  be  used.    Squeeze cages, feral cat boxes, or
    55  humane traps with dividers shall be used for restraining cats and admin-
    56  istering tranquilizers prior to handling.
        S. 6870--B                         14
 
     1    § 429. Veterinary care. 1.  Prescription  medications  and  treatments
     2  shall  be administered by each animal shelter under the advisement of or
     3  in accordance with written protocols provided by a duly licensed veteri-
     4  narian.
     5    2.  All drugs shall be documented and dispensed by each animal shelter
     6  in accordance with applicable local, state, and federal laws  and  regu-
     7  lations.
     8    3.  All  incoming  animals  shall  be  assessed within two hours after
     9  intake by a trained animal shelter staff  member  to  determine  if  any
    10  physical abnormalities exist that require immediate veterinary attention
    11  in accordance with the shelter's written protocol for emergency care, as
    12  required by section four hundred twenty-three of this article.
    13    4.  Each  animal shelter shall have the ability to provide for veteri-
    14  nary assessment and humane care in a  timely  fashion  through  in-house
    15  facilities or at an off-site location.
    16    5.  Pursuant  to  the  written  protocol for emergency veterinary care
    17  required by section four hundred  twenty-three  of  this  article,  each
    18  animal  shelter shall provide appropriate and timely veterinary care for
    19  any animal that is in distress, experiencing pain, or showing  signs  of
    20  significant illness or injury.
    21    6.  Each  animal  shelter  shall recognize and treat acute and chronic
    22  pain appropriately, as set forth in article twenty-six of this  chapter.
    23  The legal status regarding the ownership of any animal shall not prevent
    24  treatment to relieve suffering.
    25    7.  Each  animal shelter shall provide a complete physical examination
    26  of all animals in its custody or possession  by  trained  shelter  staff
    27  within  twenty-four  hours  of  intake to identify medical or behavioral
    28  conditions that require  further  evaluation  and  care.  Animals  shall
    29  specifically  be examined for bite wounds; animals that have potentially
    30  been exposed to rabies shall be managed in  accordance  with  applicable
    31  local  and  state laws. Each animal shelter shall comply with the rabies
    32  reporting requirements prescribed in 10 NYCRR 2.14.
    33    8. Each animal shelter shall vaccinate each animal in its  custody  or
    34  possession  with  core vaccines as recommended by national standards and
    35  guidelines specific to  animal  shelters  as  established,  endorsed  or
    36  approved  by  the  American  Association of Feline Practitioners (AAFP),
    37  American Animal Hospital Association (AAHA), or the Association of Shel-
    38  ter Veterinarians (ASV).
    39    9. Each animal shelter shall provide all dogs, cats,  and  ferrets  in
    40  its  custody or possession with a rabies vaccination prior to release in
    41  accordance with local public health laws. Each animal shelter  shall  be
    42  in compliance at all times with section one hundred nine of this chapter
    43  and title four of article twenty-one of the public health law.
    44    10.  At  a minimum, each animal shelter shall treat all animals in its
    45  custody or possession for hookworms  and  roundworms  prior  to  release
    46  and/or placement in foster care.
    47    11.  When  a  physical  or behavioral abnormality is identified at the
    48  time of intake or at any time during any animal's  shelter  stay,  staff
    49  members  shall follow written medical protocols required by section four
    50  hundred twenty-three of this article,  to  determine  if  and  when  any
    51  animal  in  its  custody  or  possession  needs to be examined by a duly
    52  licensed veterinarian. If the animal is in foster care, the foster  care
    53  provider shall follow written medical protocols to determine whether the
    54  animal needs to be examined by a duly licensed veterinarian.
    55    12.  Any animal in the custody or possession of any animal shelter for
    56  more than thirty days shall be examined and weighed at least monthly  by
        S. 6870--B                         15
 
     1  a  trained  staff member.   Animals in foster care shall be examined and
     2  weighed at least once every six months by a trained staff member.
     3    13.  Any  apparently  healthy  animal  remaining within the custody or
     4  possession of any animal shelter shall be examined by  a  duly  licensed
     5  veterinarian  at  least every six months, or more frequently if problems
     6  are identified.
     7    14. Each animal shelter shall  provide  regular  grooming  to  prevent
     8  discomfort  or  injury  to  each  animal  in  its custody or possession.
     9  Matted, soiled, or otherwise unkempt  animals  shall  be  provided  with
    10  timely  grooming  to  alleviate  discomfort  and  prevent  injury within
    11  forty-eight hours of intake or  identification  of  condition.    Severe
    12  matting  that  prevents  normal  movement,  an  animal's ability to eat,
    13  drink, urinate, or defecate, or that compromises tissue health shall  be
    14  treated as a medical emergency requiring immediate care.
    15    15. (a) No animal shelter shall release any dog or cat for adoption to
    16  any person unless the dog or cat has been spayed or neutered, in accord-
    17  ance with section three hundred seventy-seven-a of this chapter.
    18    (b) Prior to performing spay/neuter surgery at any animal shelter:
    19    (i)  All animals in such shelter's custody or possession shall receive
    20  an examination by a duly licensed veterinarian within twenty-four  hours
    21  of  surgery  and  anesthesia.  Such  examination  may be performed under
    22  sedation or anesthesia if, due to the animal's behavior, an  examination
    23  is not possible while awake.
    24    (ii)   Balanced   anesthetic  protocols  that  include  sedation,  the
    25  provision of pre- and post-operative analgesia, stress reduction, muscle
    26  relaxation and controlled, reversible loss  of  consciousness  shall  be
    27  utilized for all animals.
    28    (iii)  While  surgery  is being performed, the operating area shall be
    29  dedicated to surgery and contain the necessary equipment for  anesthesia
    30  and patient monitoring.
    31    (iv)  Aseptic surgical technique shall be required, and separate ster-
    32  ile instruments shall be used for  each  patient.  All  instruments  and
    33  equipment shall be maintained in proper working condition.
    34    (v) A permanent tattoo shall be placed on the ventral abdomen of shel-
    35  ter-owned cats and dogs at the time of spay or neuter.
    36    (vi) Each animal shelter shall provide adoptive owners instructions in
    37  both written and verbal forms for ten-day post-operative care of recent-
    38  ly spayed or neutered animals.
    39    (c) Written protocols required by section four hundred twenty-three of
    40  this  chapter,  shall be followed to handle related post-operative emer-
    41  gencies.
    42    § 430. Behavior. 1. Each animal shelter shall take measures, by way of
    43  written questionnaire, personal interview or other means  deemed  neces-
    44  sary  by  the  commissioner,  to  collect  a behavioral history for each
    45  animal in its custody or possession at the time of intake.
    46    2. Routine  care  and  handling  of  any  animal  in  the  custody  or
    47  possession  of  each animal shelter, including the timing of feeding and
    48  sanitation procedures shall be performed on a regular daily schedule.
    49    3. At least twenty minutes of positive social interactions,  in  addi-
    50  tion  to time spent providing feeding, cleaning, basic husbandry or care
    51  with people shall be provided by each animal shelter on  a  daily  basis
    52  for  any  animal in such shelter's custody or possession except those so
    53  poorly socialized to humans  that  such  contact  would  be  unpleasant,
    54  stressful or pose a safety risk to other animals or humans. Daily handl-
    55  ing  and positive exposure to people and other animals shall be provided
    56  for any dog or cat less than four months of age, while taking  appropri-
        S. 6870--B                         16
 
     1  ate  precautions  to  limit infectious disease.   Positive social inter-
     2  actions shall include but not be limited to petting an animal,  walking,
     3  reward  based training or interactive play with toys. Time spent provid-
     4  ing  basic  husbandry  and  animal  care shall not be used to offset the
     5  social interaction time requirements of this subdivision.
     6    4. Each animal shelter shall provide each animal  in  its  custody  or
     7  possession  opportunity  for  exercise  and exploration in the following
     8  manner:
     9    (a) all cats housed in a cage, kennel, or room that provides less than
    10  eighteen square feet of floor space per cat for fourteen days or  longer
    11  shall  be  permitted at least fifteen minutes per day at least five days
    12  per week outside of their primary enclosure to exercise and explore;
    13    (b) all dogs residing in the shelter for fourteen days or longer shall
    14  be permitted time outside of their primary  enclosure  to  exercise  and
    15  explore for at least twenty minutes per day five days per week; or
    16    (c)  in the event such activities are not possible due to any animal's
    17  health, behavior, order of the commissioner or  legal  restriction,  the
    18  condition  and  reason  shall  be  documented  in  such animal's medical
    19  record.
    20    5. Each animal shelter shall implement additional measures for enrich-
    21  ment and stress reduction for any animal in its  custody  or  possession
    22  showing  persistent  hiding,  hostile  interactions  with other animals,
    23  reduced activity, depression or social withdrawal,  barrier  frustration
    24  or  aggression,  self-injurious  behavior,  repetitive non goal-oriented
    25  movement, or stereotypic behaviors. Such measures shall be documented in
    26  such animal's medical record created pursuant to  section  four  hundred
    27  twenty-three of this article.
    28    6.  Use of aversive methods in animal training or behavioral modifica-
    29  tion is prohibited  except  in  reward-based  method  situations,  where
    30  skilled  application  of  the  least aversive method that is expected to
    31  succeed may be appropriate.
    32    7. Animal shelters may perform a systematic behavioral  evaluation  on
    33  animals  prior  to rehoming or other placement. In the event such evalu-
    34  ations are performed, the following requirements shall apply:
    35    (a) staff performing  such  evaluations  shall  receive,  in  advance,
    36  adequate  training  in  the performance and interpretation of the behav-
    37  ioral evaluation or evaluations; and
    38    (b)  documentation  of  the  results  of  every  behavior   evaluation
    39  performed  shall  be  added  to  the animal's record created pursuant to
    40  section four hundred twenty-three of this article.
    41    8. Each licensed animal shelter shall  fully  disclose  all  available
    42  information  regarding  the  behavior  of  any  animal in its custody or
    43  possession prior to such animal's transfer to an individual  or  another
    44  organization  as  authorized  pursuant to section three hundred seventy-
    45  four of this chapter. Such information shall include, but not be limited
    46  to prior history, observed behaviors in the shelter, and the results  of
    47  any systematic behavioral evaluations performed.
    48    9.  Any animal in the custody or possession of a licensed animal shel-
    49  ter that is observed to be experiencing mental suffering  or  behavioral
    50  deterioration shall be assessed and appropriately treated.
    51    § 431. Transportation. 1. Vehicle requirements. (a) Vehicles and oper-
    52  ators employed by or otherwise serving as an agent of any animal shelter
    53  to  transport animals shall adhere to all applicable federal, state, and
    54  local laws.
        S. 6870--B                         17
 
     1    (b) Any animal transported by an animal shelter or its agent shall not
     2  be placed unconfined or tethered in the  back  of  an  open  pick-up  or
     3  flatbed truck.
     4    (c)  Any  animal  shelter  or  its agent transporting any animal shall
     5  safely and securely confine such animal in an enclosure such as a crate,
     6  carrier, or cage within the vehicle.  Foster care providers  serving  as
     7  an  agent  of  any  animal  shelter  for purposes of this section may be
     8  authorized to provide secure alternatives to enclosures for transport of
     9  large dogs.
    10    (d) Any transport vehicle transporting dogs or  cats  for  any  animal
    11  shelter shall have adequate space, comfortable environmental conditions,
    12  and  good  air  quality. The animal compartment of the transport vehicle
    13  shall provide fresh air, free of vehicle exhaust fumes.
    14    (e) Each transport vehicle, including cargo spaces,  shall  be  heated
    15  and  cooled  as  necessary to provide for normal thermoregulation of the
    16  animals being transported.
    17    (f) Each transport vehicle shall have  a  thermometer  placed  in  the
    18  animal  compartment. The ambient temperature in the cargo space shall be
    19  maintained between sixty and eighty-five degrees fahrenheit, unless  the
    20  health of the animal necessitates an ambient temperature that exceeds or
    21  is less than such parameters. The operator of such vehicle shall monitor
    22  cargo area temperatures at least every four hours to ensure such temper-
    23  atures are maintained.
    24    2.  General  responsibilities  of  animal  shelters of origin prior to
    25  transport. (a) It is the responsibility of the animal shelter of  origin
    26  to reasonably ensure that its destination animal shelters have the abil-
    27  ity  to  meet the requirements of subdivision four of this section prior
    28  to transporting any animal. A written contract or memorandum  of  under-
    29  standing  between  the animal shelter of origin, any intermediate animal
    30  shelter, the destination animal shelter and any transporting  agent  not
    31  directly  employed  by  such shelters, shall be executed for each animal
    32  transfer of one or more animals. Such document shall include the respon-
    33  sibilities of each party and shall be revised or updated as necessary to
    34  ensure that information is current.
    35    (b) A contact person shall be designated for each animal  shelter  and
    36  any intermediate transfer points.
    37    (c)  Each transporting organization identified in any agreement estab-
    38  lished pursuant to subparagraph (i) of paragraph (d) of this subdivision
    39  shall adhere to all  public  health  laws  and  local  laws  for  source
    40  location, intermediate transfer points, and final destination.
    41    (d)  (i)  For dogs or cats imported into the state, the animal shelter
    42  of origin shall ensure that each dog or cat to be transported aged three
    43  months of age or older has been vaccinated against rabies not more  than
    44  twelve  months  prior  to  the  date  of transport when using a one-year
    45  vaccine, or not more than thirty-six months prior to the date of  trans-
    46  port  when  using  a three-year vaccine, as evidenced by a valid certif-
    47  icate of immunization signed  by  a  duly  licensed  veterinarian.  Such
    48  vaccine  shall  be  approved by the United States department of agricul-
    49  ture. The immunization requirement shall not  apply  if  a  veterinarian
    50  certifies  in  writing that because of old age or other reason, the life
    51  of the dog would be endangered  by  the  administration  of  the  rabies
    52  vaccine.
    53    (ii)  At  a minimum, the animal shelter of origin shall administer the
    54  following core vaccinations to each dog or cat to be transported that is
    55  four weeks of age or older:
        S. 6870--B                         18
 
     1    (1) For dogs, a modified live product for Distemper virus, Adenovirus,
     2  and Parvovirus as well as an intranasal or oral avirulent culture Borde-
     3  tella bronchiseptica vaccination prior  to  departing  from  the  animal
     4  shelter of origin.
     5    (2)  For cats, a modified live product for Feline Viral Rhinotracheit-
     6  is, Feline Calici Virus, and Feline Panleukopenia.
     7    (iii) The animal shelter of origin shall treat each animal for  inter-
     8  nal  and  external  parasites  as  appropriate for the age, species, and
     9  medical condition.
    10    (iv) (1) The animal shelter of origin shall examine each dog  and  cat
    11  for  medical  or  behavioral concerns at most twenty-four hours prior to
    12  initiation of transport. All medical and behavioral  observations  shall
    13  be  recorded  and  communicated  to any intermediate animal shelter, the
    14  destination animal shelter  and  any  transporting  agent  not  directly
    15  employed by such shelters.
    16    (2) A health record shall accompany each animal to be transported.
    17    (3) A health certificate is required for each animal to be transported
    18  into  the state in accordance with part sixty-five of the commissioner's
    19  rules and regulations. Such  certificate  shall  accompany  each  animal
    20  during  transport and be completed and signed by a duly licensed veteri-
    21  narian.
    22    (v) Each animal shall be individually identified with a  collar,  tag,
    23  tattoo,  microchip or combination of such identifiers. All animals shall
    24  have, at a minimum, one form of visual identification.
    25    3. General responsibilities during transport. (a) Each  animal  trans-
    26  ported shall be provided with absorbent bedding.
    27    (b) No animal shall be sedated or tranquilized unless recommended by a
    28  duly  licensed veterinarian and veterinary guidance is provided for such
    29  animal's care during transport.
    30    (c) The maximum transport time to an intermediate animal shelter or  a
    31  destination animal shelter for dogs and cats shall include not more than
    32  fourteen  hours  confined to the transport vehicle, including load time.
    33  Transports exceeding fourteen hours must include an overnight stop at an
    34  intermediary location, where the dogs and cats being  transported  shall
    35  be  allowed  the  opportunity  to  exercise and eliminate outside of the
    36  transport vehicle.
    37    (d) The transporting animal shelter or its agent  shall  observe  each
    38  animal  being  transported as often as circumstances allow, but not less
    39  than once every four hours.  During such observations, animals should be
    40  watered and fed consistent with paragraphs (g) and (h) of this  subdivi-
    41  sion, and the transport area cleaned as appropriate.
    42    (e)  Each  dog  shall be provided with the opportunity to exercise and
    43  eliminate at least once every twelve hours while confined to the  trans-
    44  port  vehicle,  including load time.  Each dog being transported that is
    45  less than twelve weeks of age shall be removed from their enclosure  and
    46  allowed to exercise and eliminate at least every two hours.
    47    (f)  No  dog  or cat shall be left unattended in any transport vehicle
    48  for more than one hour, regardless of whether heating,  ventilation  and
    49  air conditioning (HVAC) is provided in such vehicle.
    50    (g)  The  transporting  animal shelter or its agent shall provide each
    51  animal being transported with wholesome and palatable food  except  when
    52  there  are  instructions  from  a duly licensed veterinarian to withhold
    53  food for medical reasons. Such food shall be free from contamination, of
    54  nutritional value sufficient to maintain each animal in good health  and
    55  be  provided  at  least  every  twelve hours for adult animals; at least
        S. 6870--B                         19
 
     1  every eight hours for animals less than six months of age; and at  least
     2  every six hours for animals less than four months of age.
     3    (h)  If water cannot be provided at all times, the transporting animal
     4  shelter or its agent shall provide clean, fresh  water  to  each  animal
     5  being  transported  at  least  every four hours during observation stops
     6  required pursuant to paragraph (b) of subdivision four of this  section.
     7  Such  water  shall  be  supplied in a sanitary manner sufficient for its
     8  needs, except where there are instructions from a duly licensed  veteri-
     9  narian to withhold water for medical reasons.
    10    (i)  Animal enclosure requirements. (i) Animal enclosures in transport
    11  vehicles shall be suitable to allow the animal to stand, sit erect, turn
    12  around while standing, and to lie in a natural position.  If  more  than
    13  one animal occupies any enclosure during transport, such enclosure shall
    14  provide adequate space for each to lie down comfortably at the same time
    15  without lying on top of each other.
    16    (ii)  Unfamiliar  animals  shall not be contained together in the same
    17  enclosure.
    18    (iii) Crates, carriers or cages shall not be stacked in the  transport
    19  vehicle  in a manner that increases animal stress or discomfort, compro-
    20  mises ventilation, allows waste material to pass between  cages,  inter-
    21  feres with care and observation, or hinders emergency removal.
    22    (iv)  All  animal  enclosures  and compartments shall be free of sharp
    23  edges or other hazardous materials.
    24    (v) The floor of any enclosure shall prevent injury,  discomfort,  and
    25  leakage of fluids into other enclosures.
    26    (vi)  The  animal  shelter  or its agent shall ensure that each animal
    27  transported is safely and securely confined  within  each  enclosure  as
    28  prescribed  by  this  section  and  that  enclosure doors are secured to
    29  prevent accidental opening.
    30    (vii) The animal shelter or its agent shall secure each primary enclo-
    31  sure to prevent movement within the transport vehicle.
    32    (viii) Each dog or cat less than eight weeks of age  shall  be  trans-
    33  ported  in  an enclosure with their mother, with adequate space to allow
    34  the mother to lie down on her side  with  legs  extended  to  facilitate
    35  nursing unless such dog or cat is orphaned, a duly licensed veterinarian
    36  directs  otherwise,  the  transport  period does not exceed one hour, or
    37  transport with the mother is deemed to pose a significant  safety  risk.
    38  In  the  event  such  dog or cat is not transported with its mother, the
    39  animal shelter or its agent shall ensure  an  adequate  environment  and
    40  temperature  for  the  offspring. The transporting animal shelter or its
    41  agent  shall  transport  animals  with  known  or  suspected  infectious
    42  diseases  that could be spread during transport in separate compartments
    43  from healthy animals.
    44    (ix) The transporting animal shelter or its agent shall  clean  animal
    45  enclosures  and  replace litter as often as necessary to prevent soiling
    46  any animal being transported. If any animal  must  be  removed  from  an
    47  enclosure to facilitate cleaning, the transporting animal shelter or its
    48  agent  shall  employ  safeguards  to  ensure  animal  safety and prevent
    49  escape.
    50    (j) Transport vehicle operators. (i) Transport vehicle  operators  and
    51  individuals  who  assist in the transport of animals shall have training
    52  in animal health, animal  care,  and  safety  issues  to  recognize  and
    53  respond to animal needs during transport.
    54    (ii) Transport vehicle operators shall avoid unnecessary sudden accel-
    55  eration, deceleration, excessive lateral movement, noise and vibration.
        S. 6870--B                         20
 
     1    (iii)  Transport  vehicle  operators and individuals who assist in the
     2  transport of animals shall observe dogs and  cats  for  any  medical  or
     3  behavioral  concerns during each stop and shall respond appropriately to
     4  any concerns identified.
     5    (iv)  Transport  vehicle  operators  and individuals who assist in the
     6  transport of animals shall clean and disinfect each enclosure after  use
     7  in  transporting  an animal and before transporting different animals in
     8  the same enclosure.
     9    4. General requirements of destination animal shelters. Each  destina-
    10  tion animal shelter shall provide the following:
    11    (a) Adequately trained personnel ready to receive and medically evalu-
    12  ate  each  animal  received  from any transporting animal shelter or its
    13  agent upon arrival;
    14    (b) A physical examination of each animal received from any transport-
    15  ing animal shelter with corresponding documentation performed by trained
    16  personnel pursuant to section four hundred twenty-three of this  article
    17  within four hours of arrival;
    18    (c)  Veterinary  care  in accordance with section four hundred twenty-
    19  nine of this article for each  animal  received  from  any  transporting
    20  animal shelter requiring such care and additional reasonable care.
    21    (d)  Adequate  housing  for  arriving  animals  prepared in advance of
    22  arrival, including:
    23    (i) Housing in a quarantine area if needed,  based  on  assessment  of
    24  health  status, animal source, and risk of infectious, contagious, para-
    25  sitic or communicable disease; and
    26    (ii) Isolation areas for animals with known  or  suspected  contagious
    27  diseases,  as  required under sections four hundred twenty-four and four
    28  hundred twenty-five of this article.
    29    5. No animal shelter or its agents shall transport any dog or cat less
    30  than one year of age whose point of origin is any  breeder  licensed  by
    31  the  United  States department of agriculture pursuant to the provisions
    32  of U.S.P.L. 89-544 as of August twenty-fourth,  nineteen  sixty-six,  or
    33  any subsequent corresponding sections of the federal Animal Welfare Act,
    34  as from time to time amended.
    35    §  432. Foster care provider requirements. 1. No person may operate as
    36  a foster care provider in this state without first having signed a writ-
    37  ten agreement with an animal shelter licensed pursuant to  this  article
    38  stating  that such person may operate as a foster care provider with the
    39  approval and under the  responsibility  of  such  animal  shelter.  Such
    40  agreement  shall  be  renewed  not less than once every two years, and a
    41  copy of such agreement shall be kept by  both  the  animal  shelter  and
    42  foster  care  provider  and made available for inspection by the commis-
    43  sioner upon request. It shall be the responsibility of the animal  shel-
    44  ter  entering into such agreement with any foster care provider pursuant
    45  to this article to ensure that such foster  care  provider  is  able  to
    46  responsibly  harbor  and  provide  necessary  sustenance  for any animal
    47  placed in their care by such animal shelter in a  manner  that  promotes
    48  the  good  health, safety and welfare of such animals. No animal shelter
    49  shall knowingly enter into any agreement pursuant  to  this  subdivision
    50  with  any person who has been previously convicted of a violation of any
    51  provision of article twenty-six of this chapter or  regulations  promul-
    52  gated  thereunder  pertaining to humane treatment of animals, cruelty to
    53  animals, endangering the life or health of an animal,  or  violation  of
    54  any  federal,  state,  or  local  law pertaining to the care, treatment,
    55  sale, possession, or handling of  animals  or  any  regulation  or  rule
    56  relating to the endangerment of the life or health of an animal.
        S. 6870--B                         21
 
     1    2. Foster care providers may harbor animals owned by a licensed animal
     2  shelter  but  shall  not  own  such animals and shall keep a copy of the
     3  current record of each animal harbored under any  agreement  established
     4  pursuant to subdivision one of this section.  Such record shall be main-
     5  tained  at the physical premises where such foster care providers harbor
     6  such animals. Animal shelters may, if appropriate to protect the identi-
     7  ty of the source of any animal, provide their foster care providers with
     8  a partial animal record that excludes the name and address of the organ-
     9  ization or individual from whom such animal was obtained and the date of
    10  receipt, so long as such animal shelters keep a  copy  of  the  complete
    11  record  at  the  location  where  it  maintains such records pursuant to
    12  section four hundred twenty-three of this article. It is  the  responsi-
    13  bility  of  the  animal shelter with which such foster care provider has
    14  established an agreement pursuant to subdivision one of this section  to
    15  ensure compliance with this subdivision.
    16    3.  Any  animal  harbored  by  a foster care provider pursuant to this
    17  section that is affected by an infectious or contagious disease shall be
    18  handled in a manner that prevents the spread of such disease in  accord-
    19  ance  with  subdivision nine of section four hundred twenty-four of this
    20  article. It shall be the responsibility of the animal shelter with which
    21  such foster care provider  has  established  an  agreement  pursuant  to
    22  subdivision  one of this section to ensure compliance with this subdivi-
    23  sion.
    24    § 433. Violations. 1. Any animal shelter that violates  any  provision
    25  of  this article may be subject to licensure denial, revocation, suspen-
    26  sion, or refusal of license renewal in accordance with the provisions of
    27  subdivision seven of section four hundred twenty-one of this article.
    28    2. Violation of any  provision  of  this  article  shall  be  a  civil
    29  offense,  for  which  a penalty of not less than one hundred dollars and
    30  not more than one thousand dollars for each violation may be imposed  by
    31  the  commissioner; provided, that whenever there shall be a violation of
    32  this article, application may be made by the  attorney  general  in  the
    33  name of the people of the state of New York to a court or justice having
    34  jurisdiction  by  a  special proceeding to issue an injunction, and upon
    35  notice to the defendant of not  less  than  five  days,  to  enjoin  and
    36  restrain  the  continuance of such violations; and if it shall appear to
    37  the satisfaction of the court or justice  that  the  defendant  has,  in
    38  fact,  violated  this article, an injunction may be issued by such court
    39  or justice, enjoining and restraining  any  further  violation,  without
    40  requiring  proof  that  any person has, in fact, been injured or damaged
    41  thereby. In any such proceeding, the court may make  allowances  to  the
    42  attorney  general  as  provided  in  paragraph six of subdivision (a) of
    43  section eighty-three hundred three of the civil practice law and  rules,
    44  and  direct  restitution.  Whenever  the  court  shall  determine that a
    45  violation of this article has occurred, the court  may  impose  a  civil
    46  penalty of not less than one hundred dollars and not more than one thou-
    47  sand  dollars.  In  connection  with  any such proposed application, the
    48  attorney general is authorized to take proof and make a determination of
    49  the relevant facts and to issue subpoenas in accordance with  the  civil
    50  practice law and rules.
    51    3.  Any  animal  shelter  that violates any provisions of this article
    52  shall correct such violations to the satisfaction  of  the  commissioner
    53  within  a  period  not to exceed ten days; provided, however, that where
    54  such violation poses a severe or immediate threat to  public  health  or
    55  animal  safety  or  well-being, such violation shall be corrected to the
        S. 6870--B                         22

     1  satisfaction of the commissioner within a period not to exceed  seventy-
     2  two hours.
     3    4. Nothing in this section shall preclude the commissioner from taking
     4  additional actions to address violations related to the immediate threat
     5  to animal safety or well-being, including but not limited to, suspension
     6  of  animal shelter operations until such violations are corrected to the
     7  satisfaction of the commissioner.
     8    5. Upon identification of one of  more  violations,  the  commissioner
     9  shall  provide  the  animal  shelter  with  a written description of all
    10  violations issued and the steps necessary to correct such deficiencies.
    11    § 434. Waiving of requirements authorized. The commissioner is  hereby
    12  authorized  to waive the requirements established pursuant to this arti-
    13  cle during a disaster emergency, provided that an  official  declaration
    14  of  such  disaster emergency has been made by the governor or his or her
    15  delegated state official pursuant to section twenty-eight of the  execu-
    16  tive law.
    17    §  3.  The  agriculture  and  markets  law  is amended by adding a new
    18  section 384 to read as follows:
    19    § 384. Special provisions related to the importation of dogs and  cats
    20  into  the state for sale, resale or adoption. 1. Any dog or cat imported
    21  into this state for the purposes of sale, resale or  adoption  shall  be
    22  held  by  the consignee for a period of not less than forty-eight hours.
    23  Such dog or cat shall be vaccinated in accordance with  section  twenty-
    24  one  hundred  forty-one  of the public health law and part sixty-five of
    25  the commissioner's rules and regulations.
    26    2. If, during the holding period prescribed in subdivision one of this
    27  section, any dog or cat imported into the  state  for  sale,  resale  or
    28  adoption exhibits signs of infectious, contagious, parasitic or communi-
    29  cable  disease,  including but not limited to coughing, sneezing, vomit-
    30  ing, diarrhea or bloody stool, such dog or  cat  must  be  isolated  and
    31  examined by a duly licensed attending veterinarian immediately. Any dogs
    32  or cats that have been deemed exposed to such dog or cat must be quaran-
    33  tined,  if necessary, under the direction of such attending veterinarian
    34  and held until such attending veterinarian declares them to be  free  of
    35  disease.
    36    3.  Any  dog  or  cat  passing  through the state to points beyond, or
    37  brought into the state for temporary residence for purposes  of  exhibi-
    38  tion,  or  which enters the state for delivery to research institutions,
    39  for fifteen days or fewer, shall be exempt from the provisions  of  this
    40  section,  provided  that  such  dog  or  cat  is  at  all times properly
    41  restrained and under the immediate control of the  owner  or  custodian,
    42  and that such dog or cat that is in the state for more than fifteen days
    43  is  accompanied  with  proof  of proper immunization against rabies.  It
    44  shall be an affirmative defense to the offense of failure to have accom-
    45  panied proof of proper immunization against rabies of such dog  or  cat,
    46  upon  the  presentation  of  proof that such dog or cat had in fact been
    47  immunized against rabies at the time of the infraction.
    48    4. Violation of any  provision  of  this  section  shall  be  a  civil
    49  offense,  for  which  a penalty of not less than one hundred dollars and
    50  not more than one thousand dollars for each violation shall be  imposed.
    51  Any  person licensed pursuant to article twenty-six-A or twenty-six-C of
    52  this chapter who violates any provision of this section may  be  subject
    53  to  denial,  revocation, suspension, or refusal of renewal of his or her
    54  license in accordance with the provisions of section four hundred  twen-
    55  ty-one of this chapter.
        S. 6870--B                         23
 
     1    §  4.  Paragraphs  (b)  and (c) of subdivision 4 of section 400 of the
     2  agriculture and markets law, as added by chapter  168  of  the  laws  of
     3  2017, are amended to read as follows:
     4    (b)  Any  municipal pound or shelter dedicated to the care of unwanted
     5  animals which makes such animals available for adoption whether or not a
     6  fee for such adoption is charged, established and maintained pursuant to
     7  subdivision one of section one hundred fourteen  of  this  chapter,  and
     8  that  is  duly licensed as an animal shelter pursuant to article twenty-
     9  six-C of this chapter; and
    10    (c) Any duly incorporated society for the  prevention  of  cruelty  to
    11  animals,  duly  incorporated  humane  society,  duly incorporated animal
    12  protective association or other duly  incorporated  animal  adoption  or
    13  animal  rescue  organization  dedicated  to the care of unwanted animals
    14  which makes such animals available for adoption whether or not a fee for
    15  such adoption is charged that is exempt from taxes pursuant to paragraph
    16  (3) of subsection (c) of section 501 of  the  federal  Internal  Revenue
    17  Code,  26  U.S.C.  501,  or any subsequent corresponding sections of the
    18  federal Internal Revenue Code, as from time to  time  amended,  that  is
    19  [registered  with  the  department]  duly  licensed as an animal shelter
    20  pursuant to [section four hundred eight] article  twenty-six-C  of  this
    21  [article] chapter.
    22    §  5. Subdivision 3 of section 403 of the agriculture and markets law,
    23  as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
    24  follows:
    25    3. Each application for a license shall be accompanied by a nonrefund-
    26  able  fee  of  one hundred fifty dollars[, except that those pet dealers
    27  who engage in the sale of less than twenty-five animals in a year, shall
    28  pay a nonrefundable fee of twenty-five dollars].
    29    § 6. Section 408 of the agriculture and markets law is REPEALED.
    30    § 7. Section 380 of the agriculture and markets law, as added by chap-
    31  ter 470 of the laws of 2017, is renumbered section 383.
    32    § 8. Subdivision 3 of section 752 of  the  general  business  law,  as
    33  amended  by  chapter  168  of  the  laws  of 2017, is amended to read as
    34  follows:
    35    3. For purposes of section seven hundred fifty-three of this  article,
    36  a  "pet  dealer"  shall  mean  any person who, in the ordinary course of
    37  business, engages in the sale or offering for sale  of  more  than  nine
    38  animals per year for profit to the public. Such definition shall include
    39  breeders  of  animals  who  sell or offer for sale animals directly to a
    40  consumer but it shall not include any municipal pound or shelter  estab-
    41  lished and maintained pursuant to subdivision one of section one hundred
    42  fourteen  of  the  agriculture  and  markets law and duly licensed as an
    43  animal shelter pursuant to article twenty-six-C of the  agriculture  and
    44  markets  law,  or  any  duly  incorporated society for the prevention of
    45  cruelty to animals, duly incorporated humane society, duly  incorporated
    46  animal protective association or other duly incorporated animal adoption
    47  or  animal  rescue organization that is tax exempt pursuant to paragraph
    48  (3) of subsection (c) of section 501 of  the  federal  Internal  Revenue
    49  Code,  26  U.S.C.  501,  or any subsequent corresponding sections of the
    50  federal Internal Revenue Code, as from time to time  amended,  that  [is
    51  registered  with  the  department]  duly  licensed  as an animal shelter
    52  pursuant to [section four hundred eight]  article  twenty-six-C  of  the
    53  agriculture  and  markets  law.  For  purposes of sections seven hundred
    54  fifty-three-a, seven hundred fifty-three-b, seven hundred  fifty-three-c
    55  and seven hundred fifty-three-d of this article, "pet dealer" shall mean
    56  any  person  who  engages  in the sale or offering for sale of more than
        S. 6870--B                         24
 
     1  nine animals per year for profit to the public.  Such  definition  shall
     2  include  breeders who sell animals; but it shall not include the follow-
     3  ing:
     4    (a)  Any  breeder who sells or offers to sell directly to the consumer
     5  fewer than twenty-five animals per year that are born and raised on  the
     6  breeders residential premises.
     7    (b) Any municipal pound or shelter established and maintained pursuant
     8  to  subdivision  one  of section one hundred fourteen of the agriculture
     9  and markets law and duly licensed as an animal shelter pursuant to arti-
    10  cle twenty-six-C of the agriculture and markets law.
    11    (c) Any duly incorporated society for the  prevention  of  cruelty  to
    12  animals,  duly  incorporated  humane  society,  duly incorporated animal
    13  protective association or other duly  incorporated  animal  adoption  or
    14  animal  rescue  organization that is exempt from taxes pursuant to para-
    15  graph (3) of subsection (c) of  section  501  of  the  federal  Internal
    16  Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of
    17  the federal Internal Revenue Code, as from time to time amended, that is
    18  [registered  with  the  department]  duly  licensed as an animal shelter
    19  pursuant to [section four hundred eight]  article  twenty-six-C  of  the
    20  agriculture and markets law.
    21    § 9. The state finance law is amended by adding a new section 99-pp to
    22  read as follows:
    23    §  99-pp.  Animal  shelter  regulation fund. 1. There is hereby estab-
    24  lished in the joint custody of the state comptroller and the commission-
    25  er of taxation and finance, a fund to be known  as  the  animal  shelter
    26  regulation fund.
    27    2. Such fund shall consist of all monies collected pursuant to article
    28  twenty-six-C  of  the  agriculture and markets law, and all other monies
    29  credited or transferred thereto from any other fund or  source  pursuant
    30  to law.
    31    3.  Monies  of  the  fund shall be expended solely for the purposes of
    32  carrying out the provisions of article twenty-six-C of  the  agriculture
    33  and  markets law.  Monies shall be paid out of the fund on the audit and
    34  warrant of the state comptroller on vouchers approved by the commission-
    35  er of agriculture and markets. Any interest received by the  comptroller
    36  on  monies on deposit in the pet dealer licensing fund shall be retained
    37  in and become part of such fund.
    38    § 10. This act shall take effect  three  years  after  it  shall  have
    39  become  a  law.  Effective  immediately,  the addition, amendment and/or
    40  repeal of any rule or regulation necessary  for  the  implementation  of
    41  this  act  on its effective date are authorized to be made and completed
    42  by the commissioner of agriculture and markets on or before such  effec-
    43  tive date.