senate Bill S6769C

Prohibits companion animal piercing and tattooing except done in conjunction with a medical procedure for the benefit of a companion animal

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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

  • 07 / Mar / 2014
    • REFERRED TO AGRICULTURE
  • 14 / Mar / 2014
    • AMEND AND RECOMMIT TO AGRICULTURE
  • 14 / Mar / 2014
    • PRINT NUMBER 6769A
  • 06 / May / 2014
    • 1ST REPORT CAL.505
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 28 / May / 2014
    • AMENDED ON THIRD READING 6769B
  • 03 / Jun / 2014
    • AMENDED ON THIRD READING 6769C
  • 18 / Jun / 2014
    • SUBSTITUTED BY A739D

Summary

Prohibits companion animal piercing and tattooing except when done in conjunction with a medical procedure for the benefit of a companion animal.

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Bill Details

See Assembly Version of this Bill:
A739D
Versions:
S6769
S6769A
S6769B
S6769C
Legislative Cycle:
2013-2014
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง353-f, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Cycle:
A8536A, A8536A

Sponsor Memo

BILL NUMBER:S6769C

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to prohibiting piercing and tattooing of companion animals

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to
amend the animal cruelty statute to include the prohibition of
companion animal piercing or tattooing, unless such activity provides
a medical or identification benefit.

SUMMARY OF SPECIFIC PROVISIONS:

Section 353 of the agriculture and markets law is amended by adding a
new section 353-f.

JUSTIFICATION: The practices of tattooing and piercing are procedures
that are accompanied by considerable risk and potential peril. Most
humans would not undergo such a process without the assistance of
someone professionally trained and without precautions. Due to such
risks, laws exist to protect those most vulnerable, such as children
who are not yet mature enough to understand the potential danger
involved and the latent consequences, from having their flesh tattooed
or pierced.

Animals are also a vulnerable population, as they have no means of
expression and must live on the whim of their owners. Recent events
have brought the callous practice of tattooing and piercing companion
animals into the spotlight. Veterinarians have made statements
detailing the cruel results of such procedures. They have reported
that ear piercings can alter an animal's ability to hear correctly and
that piercings along the line of the spine, such as in the neck or at
the base of the tail, hamper balance and jumping. These animals, in
being defenseless and lacking a choice in the matter, need protections
written into the law to prevent these barbaric procedures.

PRIOR LEGISLATIVE HISTORY: A.8526 of 2011-2012

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred and
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
________________________________________________________________________

                                 6769--C
    Cal. No. 505

                            I N  S E N A T E

                              March 7, 2014
                               ___________

Introduced  by  Sens. LIBOUS, BOYLE, GRISANTI, KRUEGER, LAVALLE, MAZIARZ
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Agriculture -- committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading -- again amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the agriculture and markets law, in relation to  prohib-
  iting piercing and tattooing of companion animals

  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-f to read as follows:
  S  353-F.  COMPANION  ANIMAL PIERCING AND TATTOOING PROHIBITED. 1.  NO
PERSON SHALL PIERCE OR CAUSE TO HAVE PIERCED A COMPANION  ANIMAL  UNLESS
SUCH  PIERCING  PROVIDES A MEDICAL BENEFIT TO THE COMPANION ANIMAL. SUCH
PIERCING SHALL BE PERFORMED BY A  LICENSED  VETERINARIAN  OR  UNDER  THE
SUPERVISION OF A LICENSED VETERINARIAN. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO APPLY TO EAR TAGS ON RABBITS AND CAVIES.
  2. NO PERSON SHALL TATTOO OR CAUSE TO HAVE TATTOOED A COMPANION ANIMAL
UNLESS SUCH TATTOO:
  (A) IS DONE IN CONJUNCTION WITH A MEDICAL PROCEDURE FOR THE BENEFIT OF
THE  COMPANION  ANIMAL  AND  TO INDICATE THAT SUCH MEDICAL PROCEDURE HAS
BEEN DONE, PROVIDED THAT SUCH TATTOO IS NOT FOR DESIGN PURPOSES; OR
  (B) IS DONE FOR THE PURPOSE OF IDENTIFICATION OF THE COMPANION  ANIMAL
AND  NOT FOR DESIGN PURPOSES, AND SUCH TATTOO INCLUDES ONLY SUCH NUMBERS
AND/OR LETTERS ALLOTTED BY A CORPORATION THAT, IN THE REGULAR COURSE  OF
ITS BUSINESS, MAINTAINS AN ANIMAL TATTOO IDENTIFICATION REGISTRY.
  3.    FOR  THE PURPOSES OF THIS SECTION, "TATTOO" SHALL MEAN A MARK ON
THE BODY MADE WITH INDELIBLE INK OR PIGMENTS INJECTED BENEATH THE  OUTER
LAYER OF THE SKIN.
  4.    TATTOOING  DONE  IN CONJUNCTION WITH A MEDICAL PROCEDURE FOR THE
BENEFIT OF A COMPANION ANIMAL THAT INDICATES THAT SUCH MEDICAL PROCEDURE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05036-13-4

S. 6769--C                          2

HAS BEEN DONE SHALL BE PERFORMED BY A LICENSED VETERINARIAN OR UNDER THE
SUPERVISION OF A LICENSED VETERINARIAN.
  5.  ANY  PERSON  WHO KNOWINGLY VIOLATES THE PROVISIONS OF THIS SECTION
SHALL BE GUILTY OF A VIOLATION PUNISHABLE PURSUANT TO THE PENAL LAW.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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