senate Bill S7268

Amended

Relates to requirements for pet dealers

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Sponsor

Co-Sponsors

Bill Status


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

  • 02 / May / 2012
    • REFERRED TO AGRICULTURE
  • 15 / May / 2012
    • 1ST REPORT CAL.752
  • 16 / May / 2012
    • 2ND REPORT CAL.
  • 21 / May / 2012
    • ADVANCED TO THIRD READING
  • 30 / May / 2012
    • AMENDED ON THIRD READING 7268A
  • 13 / Jun / 2012
    • SUBSTITUTED BY A697D

Summary

Relates to requirements for pet dealers for the care and sale of cats and dogs; requires the implementation of an appropriate plan for the exercise of animals in their possession.

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Bill Details

Versions:
S7268
S7268A
Legislative Cycle:
2011-2012
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§401 & 402, Ag & Mkts L; amd §753-a, Gen Bus L

Votes

7
0
7
Aye
0
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
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Sponsor Memo

BILL NUMBER:S7268

TITLE OF BILL:
An act to amend the agriculture and markets law and the general
business law, in relation to the care and sale of dogs and cats by pet
dealers

PURPOSE:
To improve the health and quality of life of animals by providing duly
licensed pet dealers with updated standards of care.

SUMMARY OF PROVISIONS:
Section one amends subdivision 1 of section 401 of the agriculture and
markets law by adding a new paragraph (h) which provides that pet
dealers shall designate and provide an isolation area for animals that
exhibit symptoms of contagious disease or illness in order to prevent
or reduce the spread of disease to healthy animals.

Section two re-letters paragraphs (a), (b), (c), and (d) of
subdivision 5 of section 401 of the agriculture and markets law as
paragraphs (b), (c), (d), and (e) and adds a new paragraph (a).
Paragraph (a) provides that a duly licensed pet dealer shall designate
an attending veterinarian to care for the dealer's animals. Such care
shall include a written program of veterinary care and regular visits
to the dealer's premises by the veterinarian. The program of care
shall include the availability of appropriate facilities, personnel,
equipment, and services to comply with the provision of this article;
the use of methods determined to be appropriate by the attending
veterinarian to prevent, control, and respond to diseases and
injuries, and the availability of emergency, weekend, and holiday
care; daily observation of all animals to assess their health and
well-being, provided, however, that daily observation of animals may
be accomplished by someone other than the attending veterinarian who
has received the guidance identified in subdivision (iv) of this
paragraph, and provided, further, that a mechanism of direct and
frequent communication is required so that timely and accurate
information on problems of animal health, behavior, and wellbeing is
conveyed to the attending veterinarian; adequate guidance to personnel
involved in the care and use of animals regarding handling and
immobilization; and pre-procedural and post-procedural care in
accordance with established veterinary medical and nursing procedures.

Section three amends paragraph (c) of subdivision 5 of section 401 of
the agriculture and markets law, as added by chapter 259 of the laws
of 2000 and as "re-lettered by section two of this act, by changing
the phrase "found to be afflicted" to the word "diagnosed."

Section four amends section 401 of the agriculture and markets law by
adding a new subdivision 7 which Provides that pet dealers shall
develop, maintain, document and implement an appropriate plan to
provide animals with the opportunity for daily exercise.
Consideration should be given to providing positive physical contact
with humans that encourages exercise through play or other similar
activities. Such plan shall be approved by the attending veterinarian,
and must be made available to the department upon request.


Section five amends section 753-a of the general business law, as
added by chapter 259 of the laws of 2000, by Changing the phrase
"found to be afflicted" to the word "diagnosed"; changing the phrase
"inoculated" to "vaccinated"; removing the phrase "eighteen months of
age or older"; and adding "or contagious disease."

Section six amends subdivision 1 of section 402 of the agriculture and
markets law, as added by chapter 259 of the laws of 2000, by adding
"if the person from whom the animal Was obtained is a dealer licensed
by the department, the person's name, address, and state dealer
identification number."

Section seven provides the effective date.

JUSTIFICATION:
Dogs and cats that are bred and sold by certain pet dealers receive
inedequate exercise, protection from the spread of disease and
veterinary care. This legislation provides updated standards of care
to be followed by duly licensed pet dealers in order to both nnprove
the health and well-being of animals and increase the likelihood that
consumers will receive healthy companion animals.

LEGISLATIVE HISTORY:
2010: A.8444, Referred to Agriculture
2009: A.8444, Referred to Agriculture
2008: A.9613, Held for consideration in Agriculture

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take immediately.

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

                                  7268

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law and the general business
  law, in relation to the care and sale of dogs and cats by pet dealers

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

  Section  1.    Subdivision  1  of  section  401 of the agriculture and
markets law is amended by adding a new paragraph (h) to read as follows:
  (H) PET DEALERS SHALL DESIGNATE AND  PROVIDE  AN  ISOLATION  AREA  FOR
ANIMALS  THAT  EXHIBIT  SYMPTOMS  OF  CONTAGIOUS DISEASE OR ILLNESS. THE
LOCATION OF SUCH DESIGNATED AREA MUST BE SUCH AS TO  PREVENT  OR  REDUCE
THE SPREAD OF DISEASE TO HEALTHY ANIMALS.
  S  2. Paragraphs (a), (b), (c) and (d) of subdivision 5 of section 401
of the agriculture and markets law are relettered paragraphs  (b),  (c),
(d) and (e) and a new paragraph (a) is added to read as follows:
  (A) ANY PET DEALER DULY LICENSED PURSUANT TO THIS ARTICLE SHALL DESIG-
NATE AN ATTENDING VETERINARIAN, WHO SHALL PROVIDE VETERINARY CARE TO THE
DEALER'S  ANIMALS  WHICH  SHALL  INCLUDE A WRITTEN PROGRAM OF VETERINARY
CARE AND REGULAR VISITS TO THE PET DEALER'S PREMISES.  SUCH  PROGRAM  OF
VETERINARY CARE SHALL INCLUDE:
  (I)  THE AVAILABILITY OF APPROPRIATE FACILITIES, PERSONNEL, EQUIPMENT,
AND SERVICES TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE;
  (II) THE USE OF METHODS DETERMINED TO BE APPROPRIATE BY THE  ATTENDING
VETERINARIAN  TO PREVENT, CONTROL, AND RESPOND TO DISEASES AND INJURIES,
AND THE AVAILABILITY OF EMERGENCY, WEEKEND, AND HOLIDAY CARE;
  (III) DAILY OBSERVATION OF ALL ANIMALS  TO  ASSESS  THEIR  HEALTH  AND
WELL-BEING;  PROVIDED, HOWEVER, THAT DAILY OBSERVATION OF ANIMALS MAY BE
ACCOMPLISHED BY SOMEONE OTHER THAN THE ATTENDING  VETERINARIAN  WHO  HAS
RECEIVED THE GUIDANCE IDENTIFIED IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH;
AND  PROVIDED, FURTHER, THAT A MECHANISM OF DIRECT AND FREQUENT COMMUNI-
CATION IS REQUIRED SO THAT TIMELY AND ACCURATE INFORMATION  ON  PROBLEMS
OF  ANIMAL HEALTH, BEHAVIOR, AND WELL-BEING IS CONVEYED TO THE ATTENDING
VETERINARIAN;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00792-14-2

S. 7268                             2

  (IV) ADEQUATE GUIDANCE TO PERSONNEL INVOLVED IN THE CARE  AND  USE  OF
ANIMALS REGARDING HANDLING AND IMMOBILIZATION; AND
  (V)  PRE-PROCEDURAL AND POST-PROCEDURAL CARE IN ACCORDANCE WITH ESTAB-
LISHED VETERINARY MEDICAL AND NURSING PROCEDURES.
  S 3.  Paragraph (c) of subdivision 5 of section 401 of the agriculture
and markets law, as added by chapter 259 of the  laws  of  2000  and  as
relettered by section two of this act, is amended to read as follows:
  (c)  Within  five  business  days of receipt, but prior to sale of any
dog, the pet dealer shall have a duly licensed veterinarian  conduct  an
examination  and  tests appropriate to the age and breed to determine if
the animal has any medical conditions apparent at the time of the  exam-
ination  that  adversely  affect  the  health of the animal. For animals
eighteen months of age or older, such examination shall include a  diag-
nosis  of  any congenital conditions that adversely affect the health of
the animal. Any animal [found to be afflicted] DIAGNOSED with  a  conta-
gious  disease  shall  be  treated  and  caged  separately  from healthy
animals.
  S 4. Section 401 of the agriculture and  markets  law  is  amended  by
adding a new subdivision 7 to read as follows:
  7.  EXERCISE  REQUIREMENTS. PET DEALERS SHALL DEVELOP, MAINTAIN, DOCU-
MENT, AND IMPLEMENT AN APPROPRIATE PLAN  TO  PROVIDE  ANIMALS  WITH  THE
OPPORTUNITY  FOR  DAILY EXERCISE. IN DEVELOPING SUCH PLAN, CONSIDERATION
SHOULD BE GIVEN TO PROVIDING POSITIVE PHYSICAL CONTACT WITH HUMANS  THAT
ENCOURAGES EXERCISE THROUGH PLAY OR OTHER SIMILAR ACTIVITIES.  SUCH PLAN
SHALL BE APPROVED BY THE ATTENDING VETERINARIAN, AND MUST BE MADE AVAIL-
ABLE TO THE DEPARTMENT UPON REQUEST.
  S  5.  Section  753-a of the general business law, as added by chapter
259 of the laws of 2000, is amended to read as follows:
  S 753-a. Veterinarian examination. 1. Within  five  business  days  of
receipt,  but  prior to the sale of any dog, the pet dealer shall have a
duly licensed veterinarian conduct an examination and tests  appropriate
to  the  breed and age to determine if the animal has any medical condi-
tions apparent at the time of the examination that adversely affect  the
health  of the animal. For animals eighteen months of age or older, such
examination shall include a diagnosis of any congenital conditions  that
adversely  affect  the  health  of  the  animal. Any animal [found to be
afflicted] DIAGNOSED with a contagious  disease  shall  be  treated  and
caged  separately  from  healthy animals IN ACCORDANCE WITH SECTION FOUR
HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW.
  2. All animals shall be [inoculated] VACCINATED as required  by  state
or  local  law.    Veterinary  care  appropriate to the species shall be
provided without undue  delay  when  necessary.  Each  animal  shall  be
observed each day by the pet dealer or by a person working under the pet
dealer's supervision.
  3.  No  pet dealer shall knowingly sell any animal [eighteen months of
age or older] that has a diagnosed congenital  condition  OR  CONTAGIOUS
DISEASE  that  adversely  affects the health of the animal without first
informing the consumer, in writing, of such condition.
  S 6. Subdivision 1 of section 402 of the agriculture and markets  law,
as  added  by  chapter  259  of  the laws of 2000, is amended to read as
follows:
  1. The name and address of  the  person  from  whom  each  animal  was
acquired.  If  the  person from whom the animal was obtained is a dealer
licensed by the United States department of  agriculture,  the  person's
name,  address, and federal dealer identification number.  IF THE PERSON
FROM WHOM THE ANIMAL WAS OBTAINED IS A DEALER LICENSED  BY  THE  DEPART-

S. 7268                             3

MENT,  THE  PERSON'S  NAME,  ADDRESS,  AND  STATE  DEALER IDENTIFICATION
NUMBER. In the case of cats, if a  cat  is  placed  in  the  custody  or
possession  of  the  pet dealer and the source of origin is unknown, the
pet  dealer  shall state the source of origin as unknown, accompanied by
the date, time, and location of receipt. Notwithstanding the  provisions
of  this  subdivision, no pet dealer shall knowingly buy, sell, exhibit,
transport, or offer for sale, exhibition, or transportation  any  stolen
animal.  No  pet dealer shall knowingly sell any cat or dog younger than
eight weeks of age.
  S 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized to be made on or before such effective date.

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