NY State Senate Bill 2009-S4130

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 05, 2010	print number 4130c
May 05, 2010	amend (t) and recommit to consumer protection
Jan 06, 2010	referred to consumer protection
Jun 01, 2009	print number 4130b
Jun 01, 2009	amend and recommit to codes
May 19, 2009	reported and committed to codes
May 06, 2009	print number 4130a
May 06, 2009	amend and recommit to consumer protection
Apr 14, 2009	referred to consumer protection

Bill Amendments

Original

C (Active)

2009-S4130 - Details

Current Committee:: Senate Consumer Protection
Laws Affected:: Amd §402, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1253
2013-2014: S1922
2015-2016: S3961
2017-2018: S3057

2009-S4130 - Summary

Relates to the sale of birds by pet dealers.

2009-S4130 - Sponsor Memo

                                 BILL NUMBER:  S4130

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


 PURPOSE OR GENERAL IDEA OF BILL :
This bill would ensure full humane treatment to the purchase and sale
of birds by pet dealers, and access by the purchaser of birds to its
health records.

 SUMMARY OF PROVISIONS :
Amends sections 401 and 402 of the agriculture and markets law, in
addition to article 35-D and sections 751, 752 and 753 of the general
business law, to protect the sale and upkeep of captive-bred birds in
the retail setting without release of vital health records and
veterinary care in the retail setting.

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 that a licensed veterinarian conduct an examination and tests
based on the age and breed of the animal within five business days or
receipt prior to the sale of any bird.

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 birds
which have not fully weaned are prohibited from being sold by said pet
dealer.

Article 35-D of the general business law, as added by chapter 431 of
the laws of 1988, and as relettered by chapter 68 of the laws of 1993,
is amended to incorporate sale of birds.

Section 751 provides the humane treatment and guaranteed good health
of birds in course of such transactions.

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
renumbered by chapter 68 of the laws of 1993, amend birds as animals
and entitles them to nonselective surgical procedure.

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 that a licensed
veterinarian conduct an examination and tests based on the age and
breed of the animal within five business days or receipt prior to the
sale of any bird.

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 the
proper care and maintenance of specific bird species.

 JUSTIFICATION :
This legislation would require birds to be examined by a licensed
veterinarian prior to a sale.  The release of the source of origin
accompanied with date, time and location of receipt would be
accompanied with the sale of birds and be obtained from a pet dealer
licensed by the United States Department of Agriculture. Before a bird
is sold by a pet dealer, a bird must be fully weaned (learn to feed on
its own and accustomed to eating enough food without human or animal
assistance) and able to sustain 90% of its weight for two weeks.

This bill would classify birds in the same categories as other pets
and entitle them to the assurance of humane treatment and safeguarding

by pet dealers, for it is within the public interest in order to
ensure the health and safety of birds and potential owners.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act will take effect on the sixtieth day after it has become law.

2009-S4130 - Bill Text download pdf

2009-S4130A - Details

Current Committee:: Senate Consumer Protection
Laws Affected:: Amd §402, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1253
2013-2014: S1922
2015-2016: S3961
2017-2018: S3057

2009-S4130A - Summary

Relates to the sale of birds by pet dealers.

2009-S4130A - Sponsor Memo

                                 BILL NUMBER:  S4130A

 TITLE OF BILL :

An act to amend the agriculture and markets law and the general
business law, in relation to the sale of birds by pet dealers

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would ensure full humane treatment to the purchase and sale
of birds by pet dealers, and access by the purchaser of birds to its
health records.

 SUMMARY OF PROVISIONS :

Amends sections 401 and 402 of the agriculture and markets law, in
addition to article 35-D and sections 751, 752 and 753 of the general
business law, to protect the sale and upkeep of captive-bred birds in
the retail setting without release of vital health records and
veterinary care in the retail setting.

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 that a licensed veterinarian conduct an examination and tests
based on the age and breed of the animal within five business days or
receipt prior to the sale of any bird.

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 birds
which have not fully weaned are prohibited from being sold by said pet
dealer.

Article 35-D of the general business law, as added by chapter 431 of
the laws of 1988, and as relettered by chapter 68 of the laws of 1993,
is amended to incorporate sale of birds.

Section 751 provides the humane treatment and guaranteed good health
of birds in course of such transactions.

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
renumbered by chapter 68 of the laws of 1993, amend birds as animals
and entitles them to nonselective surgical procedure.

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 that a licensed
veterinarian conduct an examination and tests based on the age and
breed of the animal within five business days or receipt prior to the
sale of any bird.

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 the
proper care and maintenance of specific bird species.

 JUSTIFICATION :
This legislation would require birds to be examined by a licensed
veterinarian prior to a sale. The release of the source of origin
accompanied with date, time and location of receipt would be
accompanied with the sale of birds and be obtained from a pet dealer
licensed by the United States Department of Agriculture. Before a bird
is sold by a pet dealer, a bird must be fully weaned (learn to feed on
its own and accustomed to eating enough food without human or animal
assistance) and able to sustain 90% of its weight for two weeks.


This bill would classify birds in the same categories as other pets
and entitle them to the assurance of humane treatment and safeguarding
by pet dealers, for it is within the public interest in order to
ensure the health and safety of birds and potential owners.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act will take effect on the sixtieth day after it has become law.

2009-S4130A - Bill Text download pdf

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

                                 4130--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 14, 2009
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, 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. Paragraph (b) of subdivision 5 of section 401 of the agri-
culture 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  2. 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. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10631-02-9

S. 4130--A                          2

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 3. The article heading of article 35-D of the general business  law,
as  added by chapter 431 of the laws of 1988, and as relettered 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 4. 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  5. 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 6. 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.
  S 7. 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;

S. 4130--A                          3

  (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 8. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

2009-S4130B - Details

Current Committee:: Senate Consumer Protection
Laws Affected:: Amd §402, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1253
2013-2014: S1922
2015-2016: S3961
2017-2018: S3057

2009-S4130B - Summary

Relates to the sale of birds by pet dealers.

2009-S4130B - Sponsor Memo

                                 BILL NUMBER:  S4130B           REVISED 10/29/09

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


 PURPOSE OR GENERAL IDEA OF BILL :
This bill would ensure full humane treatment to the purchase and sale
of birds by pet dealers, and access by the purchaser of birds to its
health records.

 SUMMARY OF PROVISIONS :
Amendments are made to sections 400, 401 and 402 of the agriculture
and markets law, in addition to article 35-D and sections 751, 752 and
753 of the general business law, in order to protect the sale and
upkeep of captive-bred birds in the retail setting without release of
vital health records and veterinary care in the retail setting.

Subdivision 1 of section 400 of the agriculture and markets law, as
added by chapter 259 of the laws on 2000, is amended to interpret
"animals" as dogs, cats and birds.

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 that a licensed veterinarian conduct an examination and tests

based on the age and breed of the animal within five business days or
receipt prior to the sale of any bird.

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 birds
which have not fully weaned are prohibited from being sold by said pet
dealer.

Article 35-D of the general business law, as added by chapter 431 of
the laws of 1988, and as relettered by chapter 68 of the laws of 1993,
is amended to incorporate sale of birds.

Section 751 provides the humane treatment and guaranteed good health
of birds in course of such transactions.

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
renumbered by chapter 68 of the laws of 1993, amend birds as animals
and entitles them to non-selective surgical procedure.

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 that a licensed
veterinarian conduct an examination and tests based on the age and
breed of the animal within five business days or receipt prior to the
sale of any bird.

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 the
proper care and maintenance of specific bird species.

 JUSTIFICATION :
This bill shall ensure birds receive full humane treatment in pet
stores and are sold to the public at optimal health.

Birds would be examined by a licensed veterinarian prior to a sale.
Being examined by a licensed veterinarian increases employment
opportunities for veterinarians that specialize in avian care.


The release of the source of origin accompanied with date, time and
location of receipt would be accompanied with the sale of birds and be
obtained from a pet dealer licensed by the United States Department of
Agriculture. In addition, before a bird is sold by a pet dealer, a
bird must be "fully weaned" (learn to feed on its own and accustomed
to eating enough food without human or animal assistance) and able to
sustain 90% of its weight for two weeks.  weaning a bird is an
extensive procedure that can span days, and inexperienced pet
caretakers can starve baby birds to death, which unfortunately
happens.  These measures would ensure the proper health of bird
species and a guarantee that the species is well enough for sale to
the public.

Finally, this bill shall classify birds in the same category as other
pets. This is an additional measure for the assurance of humane
treatment and safeguarding by pet dealers, for it is within the public
interest in order to ensure the health and safety of birds and
potential owners. By definition, a bird is an animal and as an animal
it is kept as a domestic pet such as a dog or cat.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act will take effect on the sixtieth day after it has become law.

2009-S4130B - Bill Text download pdf

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

                                 4130--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 14, 2009
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported favorably from said  commit-
  tee  and  committed to the Committee on Codes -- committee discharged,
  bill amended, 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10631-04-9

S. 4130--B                          2

  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. 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

S. 4130--B                          3

health of the animal. Any animal found to be afflicted with a contagious
disease shall be treated and caged separately from healthy animals.
  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.

2009-S4130C (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Laws Affected:: Amd §402, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1253
2013-2014: S1922
2015-2016: S3961
2017-2018: S3057

2009-S4130C (ACTIVE) - Summary

Relates to the sale of birds by pet dealers.

2009-S4130C (ACTIVE) - Sponsor Memo

2009-S4130C (ACTIVE) - Bill Text download pdf

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

                                 4130--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 14, 2009
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported favorably from said  commit-
  tee  and  committed to the Committee on Codes -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  recommitted  to the Committee on Consumer Protection in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the agriculture and markets 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  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. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10631-10-0

S. 4130--C                          2

PERCENT  OF  ITS  OWN  WEIGHT AT THE TIME OF SALE.  FOR PURPOSES OF THIS
SUBDIVISION, THE TERM "HAND-FEEDING" OR "HAND-FED" MEANS THE PROCESS  BY
WHICH  A BIRD IS MANUALLY 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  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Sponsored By

Joseph P. Addabbo Jr.

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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