senate Bill S5702A

Prohibits dangerous practices at companion animal grooming facilities

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Jun / 2011
    • REFERRED TO AGRICULTURE
  • 23 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 23 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1541
  • 23 / Jun / 2011
    • SUBSTITUTED BY A7502A
  • 24 / Jun / 2011
    • SUBSTITUTION RECONSIDERED
  • 24 / Jun / 2011
    • RESTORED TO THIRD READING
  • 24 / Jun / 2011
    • RECOMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO AGRICULTURE
  • 05 / Mar / 2012
    • AMEND AND RECOMMIT TO AGRICULTURE
  • 05 / Mar / 2012
    • PRINT NUMBER 5702A
  • 01 / May / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 05 / Jun / 2012
    • 1ST REPORT CAL.1059
  • 06 / Jun / 2012
    • 2ND REPORT CAL.
  • 11 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2012
    • SUBSTITUTED BY A7502B

Summary

Prohibits dangerous practices at companion animal grooming facilities; provides that no heating elements in cage or box dryers shall be turned on; provides that any violation shall be punishable of a fine between $250-$500.

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Bill Details

See Assembly Version of this Bill:
A7502B
Versions:
S5702
S5702A
Legislative Cycle:
2011-2012
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง353-e, Ag & Mkts L

Votes

6
0
6
Aye
0
Nay
3
aye with reservations
0
absent
1
excused
0
abstained
show Agriculture committee vote details

Sponsor Memo

BILL NUMBER:S5702A

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to
prohibiting dangerous practices at
companion animal grooming facilities

PURPOSE OR GENERAL IDEA OF BILL:
To ban the use of cage and box dryers that contain a heating element,
with the heating element turned on, for the purpose of drying or
aiding in the drying of a companion animal.

SUMMARY OF SPECIFIC PROVISIONS:
Section one defines "cage and box dryers" as products that are
attached to or near a cage or box for the purpose of drying or aiding
in the drying of a companion animal contained in a cage or box, and
which is capable of functioning without a person manually holding a
dryer.
Section one also defines "companion animal grooming facility" as an
establishment where a companion animal may be bathed, brushed,
clipped or styled for a fee.

Subdivision two of section one provides that no person shall use a
cage or box dryer which contains a heating element with the heating
element turned on for the purpose of drying or aiding in the drying
of a companion animal.

Subdivision three of section one provides that any violation of this
section shall be punishable by a civil penalty of not less than two
hundred fifty dollars nor more than five hundred dollars for each
violation.

Section two provides the effective date.

JUSTIFICATION:
Cage and box dryers with heating elements have been responsible for
injury to and death of animals at grooming facilities. Lack of proper
monitoring of the animals, lack of proper functioning of the product
and lack of proper use of the product are all reasons for the
resulting tragedies. When groomers are responsible for several
animals at a time, each individual animal may not get monitored at
all times. Thus if an animal is overheating in a cage due to a
cage/box dryer, an inattentive, distracted or busy groomer may fail
and has failed to prevent injury and death. Timers on the dryers may
malfunction, and even when they do not malfunction, the heat may be
too much for a given animal. Left unattended, the result can be and
has been injury and death.

*Below is a summary of some of the tragic incidents that have been
reported involving the use of cage and box dryers:

Sushi, a two year old Labrador retriever, after being left in a cage
dryer at a NYC boarding facility, was found unconscious. Sushi was
pronounced dead at a veterinary hospital.

Riva, a Greyhound rescued from a racetrack, was left at a grooming
facility. When her guardians returned, Riva was shaking, panting, and
unable to stand. She had been in a cage dryer. Her temperature was
108.7 degrees. According to veterinary records, Rive died from heat
stroke.

Bailey, a two year old Puggle (pug/Beagle mix), was dropped off at a
grooming facility. Bailey became unresponsive and died after being in
a drying cage. Miles, a toy poodle, died after being left unattended
in a cage dryer at a grooming facility.

Bo, a six year old Shih Tzu, died after being left in a groomer's
drying cage. Bo's father, Duke, had been in the same cage for an
hour. Duke recovered after being treated for heat exhaustion.

* Not all examples are from NY

This legislation, which bans the use of cage/box dryer heating
elements, should reduce injury to and death of animals at grooming
facilities. In doing so, it will also reduce the heartbreak suffered
by the animals' guardians when the animals are injured or killed by
the use of these dryers.

While the use of manual dryers necessitating a person holding a dryer
and/or the use of cage/box dryers without a heating element may
increase drying time, it will better ensure the health and safety of
companion animals and safeguard animal guardians from unnecessary
hardship.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATION:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

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

                                 5702--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 10, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- 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

AN  ACT to amend the agriculture and markets law, in relation to prohib-
  iting dangerous practices at companion animal grooming facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The agriculture and markets law is amended by adding a new
section 353-e to read as follows:
  S 353-E. COMPANION ANIMAL GROOMING FACILITIES;  PROHIBITED  PRACTICES.
1. AS USED IN THIS SECTION:
  (A) "CAGE AND BOX DRYER" MEANS A PRODUCT THAT IS ATTACHED TO OR NEAR A
CAGE  OR  BOX  FOR  THE  PURPOSE  OF DRYING OR AIDING IN THE DRYING OF A
COMPANION ANIMAL CONTAINED IN A CAGE OR BOX, AND  WHICH  IS  CAPABLE  OF
FUNCTIONING WITHOUT A PERSON MANUALLY HOLDING A DRYER.
  (B)  "COMPANION ANIMAL GROOMING FACILITY" MEANS AN ESTABLISHMENT WHERE
A COMPANION ANIMAL MAY BE BATHED, BRUSHED, CLIPPED OR STYLED FOR A FEE.
  2. NO PERSON SHALL USE A CAGE OR BOX DRYER WHICH  CONTAINS  A  HEATING
ELEMENT  WITH THE HEATING ELEMENT TURNED ON FOR THE PURPOSE OF DRYING OR
AIDING IN THE DRYING OF A COMPANION ANIMAL.
  3. ANY VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENAL-
TY OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED
DOLLARS FOR EACH VIOLATION.
  4. NOTHING CONTAINED IN THIS SECTION SHALL LIMIT OR ABROGATE ANY CLAIM
OR CAUSE OF ACTION ANY PERSON MAY HAVE UNDER COMMON LAW OR  BY  STATUTE.
THE  PROVISIONS  OF THIS SECTION SHALL BE IN ADDITION TO ANY SUCH COMMON
LAW AND STATUTORY REMEDIES.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10209-08-2

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