NY State Senate Bill 2009-S7511

Archive: Last Bill Status - In Senate Committee Rules 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

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2010	committee discharged and committed to rules
Jun 08, 2010	reported and committed to codes
May 21, 2010	print number 7511c
May 21, 2010	amend and recommit to consumer protection
May 18, 2010	print number 7511b
May 18, 2010	amend and recommit to consumer protection
Apr 23, 2010	print number 7511a
Apr 23, 2010	amend and recommit to consumer protection
Apr 16, 2010	referred to consumer protection

Votes

- Jun 8, 2010 - Consumer Protection Committee Vote
  S7511
  
  Aye
  
  8
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Consumer Protection Committee Vote: Jun 8, 2010
      
      aye (8)
      
      Flanagan
      
      Fuschillo
      
      Hassell-Thompson
      
      Huntley
      
      Peralta
      
      Perkins
      
      Robach
      
      Savino
      
      aye wr (2)
      
      Adams
      
      Saland

Bill Amendments

Original

C (Active)

2009-S7511 - Details

Current Committee:: Senate Rules
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §401, Ag & Mkts L; amd §753-a, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:: S3477

2009-S7511 - Summary

Amends 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.

2009-S7511 - Sponsor Memo

                                 BILL NUMBER:  S7511

 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 OR GENERAL IDEA OF BILL :
To improve the health and quality of life of animals by providing duly
licensed pet dealers with updated standards of care

 SUMMARY OF SPECIFIC 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 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 care and regularly scheduled visits
to the dealer's premises by the veterinarian. The program of care

shall include certain specified methods of care, including guidance
given by the veterinarian to personnel involved with the daily care of
the animals.

Section three amends section 401 of the agriculture and markets law by
adding a new subdivision 7 which provides that pet dealers shall
develop, maintain, and document an appropriate plan to provide animals
with the opportunity for exercise. Such plan shall be approved by the
attending veterinarian and the department of agriculture and markets.

Section four amends section 753-a of the general business law, as
added by chapter 259 of the laws of 2000, and provides updated
language with regard to veterinarian examinations of animals prior to
the sale of such animal.

Section five provides the effective date.

 JUSTIFICATION :
Dogs and cats that are bred and sold by certain pet dealers receive
inadequate 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 improve
the health and well being of animals, and increase the likelihood that
consumers will receive healthy companion animals.

 PRIOR LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATION :
None.

 EFFECTIVE DATE :
This act shall take effect April 1, 2011; provided, however, that
effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.

2009-S7511 - Bill Text download pdf

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

                                  7511

                            I N  S E N A T E

                             April 16, 2010
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Consumer Protection

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 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 REGULARLY SCHEDULED 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 APPROPRIATE METHODS TO PREVENT, CONTROL, DIAGNOSE, AND
TREAT 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.
                                                           LBD15724-03-0

S. 7511                             2

  (IV) ADEQUATE GUIDANCE TO PERSONNEL INVOLVED IN THE CARE  AND  USE  OF
ANIMALS REGARDING HANDLING, IMMOBILIZATION, ANESTHESIA, ANALGESIA, TRAN-
QUILIZATION, AND EUTHANASIA; AND
  (V)  PRE-PROCEDURAL AND POST-PROCEDURAL CARE IN ACCORDANCE WITH ESTAB-
LISHED VETERINARY MEDICAL AND NURSING PROCEDURES.
  S 3. 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 AND
DOCUMENT AN APPROPRIATE PLAN TO PROVIDE ANIMALS WITH THE OPPORTUNITY FOR
EXERCISE.  SUCH PLAN SHALL BE APPROVED BY THE ATTENDING VETERINARIAN AND
THE DEPARTMENT. SUCH PLAN SHALL INCLUDE WRITTEN STANDARD PROCEDURES THAT
GENERALLY COMPLY WITH FEDERAL STANDARDS FOR EXERCISE PRESCRIBED IN 9 CFR
S 3.8.
  S 4. 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 PERFORM tests
appropriate to the breed and age to determine  if  the  animal  has  any
medical conditions apparent at the time of the examination that adverse-
ly  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 5. This act shall take effect April 1, 2011; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made  and  completed  on  or
before such effective date.

2009-S7511A - Details

Current Committee:: Senate Rules
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §401, Ag & Mkts L; amd §753-a, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:: S3477

2009-S7511A - Summary

Amends 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.

2009-S7511A - Sponsor Memo

                                 BILL NUMBER:  S7511A

 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 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 care and regularly scheduled visits
to the dealer's premises by the veterinarian. The program of care

shall include certain specified methods of care, including guidance
given by the veterinarian to personnel involved with the daily care of
the animals.

Section three amends section 401 of the agriculture and markets law by
adding a new subdivision 7 which provides that pet dealers shall
develop, maintain, and document an appropriate plan to provide animals
with the opportunity for exercise. Such plan shall be approved by the
attending veterinarian and the department of agriculture and markets.

Section four amends section 753-a of the general business law, as
added by chapter 259 of the laws of 2000, and provides updated
language with regard to veterinarian examinations of animals prior to
the sale of such animal.

Section five provides the effective date.

 JUSTIFICATION :
Dogs and cats that are bred and sold by certain pet dealers receive
inadequate 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 improve
the health and well being of animals. and increase the likelihood that
consumers will receive healthy companion animals.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect April 1, 2011; provided, however, that
effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.

2009-S7511A - Bill Text download pdf

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

                                 7511--A

                            I N  S E N A T E

                             April 16, 2010
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- 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 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 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 REGULARLY SCHEDULED 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 APPROPRIATE METHODS TO PREVENT, CONTROL, DIAGNOSE, AND
TREAT 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15724-05-0

S. 7511--A                          2

OF  ANIMAL HEALTH, BEHAVIOR, AND WELL-BEING IS CONVEYED TO THE ATTENDING
VETERINARIAN;
  (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.  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  AND
DOCUMENT AN APPROPRIATE PLAN TO PROVIDE ANIMALS WITH THE OPPORTUNITY FOR
EXERCISE.  SUCH PLAN SHALL BE APPROVED BY THE ATTENDING VETERINARIAN AND
THE DEPARTMENT. SUCH PLAN SHALL INCLUDE WRITTEN STANDARD PROCEDURES THAT
GENERALLY COMPLY WITH FEDERAL STANDARDS FOR EXERCISE PRESCRIBED IN 9 CFR
S 3.8.
  S  4.  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  PERFORM  tests
appropriate  to  the  breed  and  age to determine if the animal has any
medical conditions apparent at the time of the examination that adverse-
ly 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 5. This act shall take effect April 1, 2011; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  and directed to be made and completed on or
before such effective date.

2009-S7511B - Details

Current Committee:: Senate Rules
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §401, Ag & Mkts L; amd §753-a, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:: S3477

2009-S7511B - Summary

Amends 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.

2009-S7511B - Sponsor Memo

                                 BILL NUMBER:  S7511B

 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 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 care and regularly scheduled visits
to the dealer's premises by the veterinarian. The program of care

shall include certain specified methods of care, including guidance
given by the veterinarian to personnel involved with the daily care of
the animals.

Section three amends section 401 of the agriculture and markets law by
adding a new subdivision 7 which provides that pet dealers shall
develop, maintain, and document an appropriate plan to provide animals
with the opportunity for exercise. Such plan shall be approved by the
attending veterinarian and the department of agriculture and markets.

Section four amends section 753-a of the general business law, as
added by chapter 259 of the laws of 2000, and provides updated
language with regard to veterinarian examinations of animals prior to
the sale of such animal.

Section five provides the effective date.

 JUSTIFICATION :
Dogs and cats that are bred and sold by certain pet dealers receive
inadequate 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 improve
the health and well being of animals, and increase the likelihood that
consumers will receive healthy companion animals.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect April 1, 2011; provided, however, that
effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.

2009-S7511B - Bill Text download pdf

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

                                 7511--B

                            I N  S E N A T E

                             April 16, 2010
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- 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  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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 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 REGULARLY SCHEDULED 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 APPROPRIATE METHODS TO PREVENT, CONTROL, DIAGNOSE, AND
TREAT 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-

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

                                                           LBD15724-07-0

S. 7511--B                          2

CATION IS REQUIRED SO THAT TIMELY AND ACCURATE INFORMATION  ON  PROBLEMS
OF  ANIMAL HEALTH, BEHAVIOR, AND WELL-BEING IS CONVEYED TO THE ATTENDING
VETERINARIAN;
  (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.  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  AND
DOCUMENT AN APPROPRIATE PLAN TO PROVIDE ANIMALS WITH THE OPPORTUNITY FOR
EXERCISE.  SUCH PLAN SHALL BE APPROVED BY THE ATTENDING VETERINARIAN AND
THE DEPARTMENT.
  S  4.  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 5. This act shall take effect April 1, 2011; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made  and  completed  on  or
before such effective date.

2009-S7511C (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §401, Ag & Mkts L; amd §753-a, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:: S3477

2009-S7511C (ACTIVE) - Summary

Amends 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.

2009-S7511C (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7511C

 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 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 care and regularly scheduled visits
to the dealer's premises by the veterinarian. The program of care

shall include certain specified methods of care, including guidance
given by the veterinarian to personnel involved with the daily care of
the animals.

Section three amends section 401 of the agriculture and markets law by
adding a new subdivision 7 which provides that pet dealers shall
develop, maintain, and document an appropriate plan to provide animals
with the opportunity for exercise. Such plan shall be approved by the
attending veterinarian and the department of agriculture and markets.

Section four amends section 753-a of the general business law, as
added by chapter 259 of the laws of 2000, and provides updated
language with regard to veterinarian examinations of animals prior to
the sale of such animal.

Section five provides the effective date.

 JUSTIFICATION :
Dogs and cats that are bred and sold by certain pet dealers receive
inadequate 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 improve
the health and well being of animals, and increase the likelihood that
consumers will receive healthy companion animals.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect April 1, 2011; provided, however, that
effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.

2009-S7511C (ACTIVE) - Bill Text download pdf

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

                                 7511--C

                            I N  S E N A T E

                             April 16, 2010
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- 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  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee --  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 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 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  REGULARLY SCHEDULED 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 APPROPRIATE METHODS TO PREVENT, CONTROL, DIAGNOSE, AND
TREAT 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;

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

                                                           LBD15724-11-0

S. 7511--C                          2

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;
  (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.  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 THE DEPARTMENT.
  S 4. 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 5. This act shall take effect April 1, 2011; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  and directed to be made and completed on or
before such effective date.

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Senate Bill S7511

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Jun 8, 2010 - Consumer Protection Committee Vote

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2009-S7511 - Details

2009-S7511 - Summary

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2009-S7511 - Bill Text download pdf

2009-S7511A - Details

2009-S7511A - Summary

2009-S7511A - Sponsor Memo

2009-S7511A - Bill Text download pdf

2009-S7511B - Details

2009-S7511B - Summary

2009-S7511B - Sponsor Memo

2009-S7511B - Bill Text download pdf

2009-S7511C (ACTIVE) - Details

2009-S7511C (ACTIVE) - Summary

2009-S7511C (ACTIVE) - Sponsor Memo

2009-S7511C (ACTIVE) - Bill Text download pdf

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Suzi Oppenheimer

Archive: Last Bill Status - In Senate Committee Rules Committee

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2009-S7511 - Details

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2009-S7511 - Bill Text download pdf

2009-S7511A - Details

2009-S7511A - Summary

2009-S7511A - Sponsor Memo

2009-S7511A - Bill Text download pdf

2009-S7511B - Details

2009-S7511B - Summary

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2009-S7511B - Bill Text download pdf

2009-S7511C (ACTIVE) - Details

2009-S7511C (ACTIVE) - Summary

2009-S7511C (ACTIVE) - Sponsor Memo

2009-S7511C (ACTIVE) - Bill Text download pdf

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