S T A T E O F N E W Y O R K
________________________________________________________________________
3576--A
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. PERRY, GOTTFRIED -- Multi-Sponsored by -- M. of
A. CLARK, ESPAILLAT, GALEF, PHEFFER, WEISENBERG -- read once and
referred to the Committee on Health -- reported and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the general business law and the public health law, in
relation to requiring operators of petting zoos and other public
establishments featuring animals to maintain hand washing or hand
cleansing facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
399-ff to read as follows:
S 399-FF. PETTING ZOOS. 1. FOR PURPOSES OF THIS SECTION THE TERMS:
(A) "PETTING ZOO" SHALL MEAN A PLACE WHERE A COLLECTION OF ANIMALS ARE
KEPT FOR THE EXPRESS PURPOSE OF VIEWING, TOUCHING, HOLDING AND PETTING
BY PATRONS AND VISITORS TO THE ESTABLISHMENT; AND
(B) "HAND WASHING OR HAND CLEANSING FACILITY" SHALL MEAN ANY METHOD OF
CLEANSING THE HANDS THAT KILLS GERMS AND BACTERIA INCLUDING, BUT NOT
LIMITED TO, SOAP AND RUNNING WATER, ANTI-BACTERIAL FLUIDS, FOAMS OR
GELS, AND ANTI-BACTERIAL OR ANTISEPTIC WIPES OR TOWELS.
2. ALL PETTING ZOO OPERATORS SHALL PROVIDE AND MAINTAIN AT LEAST ONE
CLEARLY DESIGNATED HAND WASHING FACILITY FOR PATRONS AND VISITORS TO THE
ESTABLISHMENT TO WASH OR CLEANSE THEIR HANDS UPON EXITING SUCH PETTING
ZOO AREA. SUCH HAND WASHING OR HAND CLEANSING FACILITY SHALL BE MAIN-
TAINED AT OR WITHIN NO MORE THAN FIFTY FEET OF THE EXIT FROM SUCH
PETTING ZOO AREA.
3. EVERY EXIT FROM A PETTING ZOO AREA SHALL HAVE A SIGN CONSPICUOUSLY
POSTED THAT SHALL STATE, IN A CLEAR AND LEGIBLE TYPEFACE, THE FOLLOWING:
"ANIMALS AT PETTING ZOOS MAY CARRY GERMS AND BACTERIA THAT CAUSE
DISEASE. IT IS STRONGLY RECOMMENDED THAT PERSONS WASH THEIR HANDS UPON
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01919-02-9
A. 3576--A 2
EXITING THE PETTING ZOO AREA". SUCH SIGN SHALL ALSO INDICATE THE DIREC-
TION IN WHICH SUCH HAND WASHING OR HAND CLEANSING FACILITY IS LOCATED.
4. ANY OPERATOR OF A PETTING ZOO WHO FAILS TO MAINTAIN A HAND WASHING
OR HAND CLEANSING FACILITY AND PROPER SIGNAGE IN VIOLATION OF THIS
SECTION SHALL BE SUBJECT TO A CIVIL FINE IN THE AMOUNT OF NOT LESS THAN
FIVE HUNDRED DOLLARS FOR EACH DAY IN WHICH SUCH PETTING ZOO IS OPERATED
IN VIOLATION OF THIS SECTION.
S 2. The public health law is amended by adding a new section 1311 to
read as follows:
S 1311. HAND WASHING FACILITIES AT CERTAIN PUBLIC ESTABLISHMENTS
FEATURING ANIMALS. 1. ALL PUBLIC ESTABLISHMENTS INCLUDING, BUT NOT
LIMITED TO, CARNIVALS, FAIRS AND AMUSEMENT PARKS, AS SUCH TERMS ARE
DEFINED IN SECTION EIGHT HUNDRED SEVENTY-C OF THE LABOR LAW, FARMS, AND
FARMERS' MARKETS, AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED SIXTY
OF THE AGRICULTURE AND MARKETS LAW, WHICH FEATURE DISPLAYS OF LIVE
ANIMALS THAT PATRONS MAY REASONABLY BE EXPECTED TO COME INTO PHYSICAL
CONTACT WITH FOR THE PURPOSE OF TOUCHING, HOLDING OR PETTING SHALL
PROVIDE HAND WASHING OR HAND CLEANSING FACILITIES FOR SUCH PATRONS. HAND
WASHING OR HAND CLEANSING FACILITIES MAY BE TEMPORARY OR PERMANENT
FIXTURES AND SHALL INCLUDE ONE OR MORE OF THE FOLLOWING: SOAP AND
RUNNING WATER; ANTI-BACTERIAL FLUIDS, FOAMS OR GELS; OR ANTI-BACTERIAL
OR ANTISEPTIC WIPES OR TOWELS.
2. SIGNS SHALL BE CONSPICUOUSLY POSTED AND SHALL STATE IN A CLEAR AND
LEGIBLE TYPEFACE, THE FOLLOWING: "ANIMALS MAY CARRY GERMS AND BACTERIA
THAT CAN CAUSE DISEASE TO PEOPLE. IT IS STRONGLY RECOMMENDED THAT
PERSONS WASH OR CLEANSE THEIR HANDS AFTER TOUCHING, HOLDING OR PETTING
THE ANIMALS." SUCH SIGNS SHALL ALSO INDICATE WHERE THE HAND WASHING OR
HAND CLEANSING FACILITY IS LOCATED.
3. THE COMMISSIONER MAY MAKE RULES GUARDING AGAINST THE SPREAD OF
BACTERIA AND VIRUSES AT PUBLIC ESTABLISHMENTS THAT FEATURE ANIMALS AS
PROVIDED IN SUBDIVISION ONE OF THIS SECTION, TO PERSONS EMPLOYED AT OR
TO PATRONS OF SUCH ESTABLISHMENTS WHERE SUCH ESTABLISHMENTS ARE LOCATED
OUTSIDE THE CITY OF NEW YORK, AND WHERE SUCH ESTABLISHMENTS ARE LOCATED
WITHIN THE CITY OF NEW YORK, THE COMMISSIONER OF PUBLIC HEALTH OF THE
CITY OF NEW YORK MAY MAKE AND ENFORCE SUCH RULES.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.