S T A T E O F N E W Y O R K
________________________________________________________________________
7694--B
2009-2010 Regular Sessions
I N A S S E M B L Y
April 22, 2009
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Agriculture -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the agriculture and markets law and the general business
law, in relation to the sale of birds 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 400 of the agriculture and markets
law, as added by chapter 259 of the laws of 2000, is amended to read as
follows:
1. "Animal" means a dog [or], a cat OR A BIRD.
S 2. Paragraph (b) of subdivision 5 of section 401 of the agriculture
and markets law, as added by chapter 259 of the laws of 2000, is amended
to read as follows:
(b) Within five business days of receipt, but prior to sale of any dog
OR BIRD, 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
examination 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 with a contagious disease
shall be treated and caged separately from healthy animals.
S 3. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10631-05-9
A. 7694--B 2
name, address, and federal 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. NO PET
DEALER SHALL SELL ANY BIRD THAT HAS NOT BEEN FULLY WEANED. FOR PURPOSES
OF THIS SUBDIVISION, THE TERM "WEANED" SHALL MEAN A BIRD THAT DOES NOT
REQUIRE HAND-FEEDING OR ANIMAL ASSISTANCE TO SUSTAIN AT LEAST NINETY
PERCENT OF ITS OWN WEIGHT FOLLOWING THE TIME OF SALE, NOTWITHSTANDING
ANY ILLNESS OR INJURY. FOR PURPOSES OF THIS SUBDIVISION, THE TERM
"HAND-FEEDING" OR "HAND-FED" MEANS THE PROCESS BY WHICH A BIRD IS MANU-
ALLY FED BY A HUMAN THROUGH THE USE OF HAND, SPOON, OR ORAL GAVAGE. AT
THE TIME OF SALE, A PET DEALER SHALL DOCUMENT THE WEIGHT OF ANY HAND-FED
BIRD UNDER ONE YEAR OF AGE, AND NOTE THE WEIGHT ON THE SALES RECEIPT.
S 4. The article heading of article 35-D of the general business law,
as added by chapter 431 of the laws of 1988, and as renumbered by chap-
ter 68 of the laws of 1993, is amended to read as follows:
ARTICLE 35-D
SALE OF DOGS [AND], CATS
AND BIRDS
S 5. Section 751 of the general business law, as added by chapter 431
of the laws of 1988 and as renumbered by chapter 68 of the laws of 1993,
is amended to read as follows:
S 751. Legislative intent. It is hereby determined and declared that
supervision by the state of the sale of dogs [or], cats OR BIRDS by pet
dealers is within the public interest and for the purpose of safeguard-
ing the public and insuring the humane treatment of such animals by
guaranteeing the good health of such dogs [or], cats OR BIRDS in the
course of such transactions, or providing other alternatives to the
consumer.
S 6. Subdivisions 1 and 6 of section 752 of the general business law,
subdivision 1 as added by chapter 431 of the laws of 1988, subdivision 6
as added by chapter 259 of the laws of 2000, and such section as renum-
bered by chapter 68 of the laws of 1993, are amended to read as follows:
1. "Animal" means a dog [or], a cat OR A BIRD.
6. "Nonelective surgical procedure" means a surgical procedure that is
necessary to preserve or restore the health of an animal, to prevent an
animal from experiencing pain or discomfort, or to correct a condition
that would interfere with an animal's ability to walk, run, jump, FLY,
or otherwise function in a normal manner.
S 7. Subdivision 1 of section 753-a of the general business law, as
added by chapter 259 of the laws of 2000, is amended to read as follows:
1. Within five business days of receipt, but prior to the sale of any
dog OR BIRD, 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 conditions 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 with a contagious
disease shall be treated and caged separately from healthy animals.
A. 7694--B 3
S 8. Subdivisions 3 and 4 of section 753-b of the general business
law, as added by chapter 259 of the laws of 2000, are amended to read as
follows:
3. FOR BIRDS:
(A) THE BREEDER'S NAME AND ADDRESS, IF KNOWN, OR, IF NOT KNOWN, THE
SOURCE OF THE BIRD, INCLUDING THE DATE, TIME AND LOCATION OF RECEIPT;
(B) THE DATE OF THE BIRD'S HATCHING, IF KNOWN;
(C) A RECORD OF ANY IMMUNIZATIONS OR OTHER TREATMENTS ADMINISTERED, AT
THE TIME OF SALE, WHILE THE BIRD WAS IN THE POSSESSION OF THE PET DEALER
OR WHILE IN POSSESSION OF THE BREEDER;
(D) A RECORD OF ANY KNOWN DISEASE, SICKNESS, OR CONGENITAL CONDITION
THAT ADVERSELY AFFECTS THE HEALTH OF THE BIRD AT THE TIME OF SALE;
(E) A RECORD OF ANY VETERINARY TREATMENT OR MEDICATION RECEIVED BY THE
BIRD WHILE IN THE POSSESSION OF THE PET DEALER AND EITHER OF THE FOLLOW-
ING:
(I) A STATEMENT, SIGNED BY THE PET DEALER AT THE TIME OF SALE, INDI-
CATING ALL OF THE FOLLOWING: (1) THE BIRD HAS NO KNOWN DISEASE OR
ILLNESS; (2) THE BIRD HAS NO KNOWN CONGENITAL OR HEREDITARY CONDITION
THAT ADVERSELY AFFECTS THE HEALTH OF THE BIRD AT THE TIME OF SALE; OR
(II) A RECORD OF ANY KNOWN CONGENITAL OR HEREDITARY CONDITION,
DISEASE, OR ILLNESS THAT ADVERSELY AFFECTS THE HEALTH OF THE BIRD AT THE
TIME OF SALE, ALONG WITH A STATEMENT SIGNED BY A LICENSED VETERINARIAN
THAT AUTHORIZES THE SALE OF THE BIRD, RECOMMENDS NECESSARY TREATMENT, IF
ANY, AND VERIFIES THAT THE CONDITION, DISEASE, OR ILLNESS DOES NOT
REQUIRE HOSPITALIZATION OR NONELECTIVE SURGICAL PROCEDURES, AND IS NOT
LIKELY TO REQUIRE HOSPITALIZATION OR NONELECTIVE PROCEDURES IN THE
FUTURE. A VETERINARIAN STATEMENT IS REQUIRED FOR INTESTINAL, CROP, AND
EXTERNAL PARASITES. THE STATEMENT SHALL BE VALID FOR FOURTEEN BUSINESS
DAYS FOLLOWING EXAMINATION OF THE BIRD BY THE VETERINARIAN.
(F) EACH PET DEALER SHALL MAINTAIN A WRITTEN RECORD ON THE HEALTH,
STATUS, DISPOSITION, AGE AT TIME OF ACQUISITION AND AT SALE OF EACH BIRD
FOR A PERIOD OF NOT LESS THAN ONE YEAR AFTER DISPOSITION OF THE BIRD.
THESE RECORDS SHALL BE AVAILABLE TO HUMANE OFFICERS, ANIMAL CONTROL
OFFICERS, AND LAW ENFORCEMENT OFFICERS FOR INSPECTION DURING NORMAL
BUSINESS HOURS.
4. A disclosure made pursuant to subdivision one or two of this
section shall be signed by both the pet dealer certifying the accuracy
of the statement and the purchaser acknowledging receipt of the state-
ment. At the time of sale, each pet dealer shall provide the purchaser
with information on the value of spaying and neutering of dogs and cats
OR INFORMATION ON THE PROPER CARE AND MAINTENANCE OF THE BIRD SPECIES
SOLD TO THE CONSUMER.
[4.] 5. Every pet dealer shall post conspicuously within close proxim-
ity to the cages of dogs [and], cats AND BIRDS offered for sale, a
notice containing the following language in one hundred-point type:
"Information on the source of these dogs [and], cats AND BIRDS and the
veterinary treatments received by these dogs [and], cats AND BIRDS is
available for review by prospective purchasers."
S 9. This act shall take effect on the sixtieth day after it shall
have become a law.