BILL NUMBER:S5702A

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to
prohibiting dangerous practices at
companion animal grooming facilities

PURPOSE OR GENERAL IDEA OF BILL:
To ban the use of cage and box dryers that contain a heating element,
with the heating element turned on, for the purpose of drying or
aiding in the drying of a companion animal.

SUMMARY OF SPECIFIC PROVISIONS:
Section one defines "cage and box dryers" as products that are
attached to or near a cage or box for the purpose of drying or aiding
in the drying of a companion animal contained in a cage or box, and
which is capable of functioning without a person manually holding a
dryer.
Section one also defines "companion animal grooming facility" as an
establishment where a companion animal may be bathed, brushed,
clipped or styled for a fee.

Subdivision two of section one provides that no person shall use a
cage or box dryer which contains a heating element with the heating
element turned on for the purpose of drying or aiding in the drying
              

of a companion animal.

Subdivision three of section one provides that any violation of this
section shall be punishable by a civil penalty of not less than two
hundred fifty dollars nor more than five hundred dollars for each
violation.

Section two provides the effective date.

JUSTIFICATION:
Cage and box dryers with heating elements have been responsible for
injury to and death of animals at grooming facilities. Lack of proper
monitoring of the animals, lack of proper functioning of the product
and lack of proper use of the product are all reasons for the
resulting tragedies. When groomers are responsible for several
animals at a time, each individual animal may not get monitored at
all times. Thus if an animal is overheating in a cage due to a
cage/box dryer, an inattentive, distracted or busy groomer may fail
and has failed to prevent injury and death. Timers on the dryers may
malfunction, and even when they do not malfunction, the heat may be
too much for a given animal. Left unattended, the result can be and
has been injury and death.

*Below is a summary of some of the tragic incidents that have been
reported involving the use of cage and box dryers:

Sushi, a two year old Labrador retriever, after being left in a cage
dryer at a NYC boarding facility, was found unconscious. Sushi was
pronounced dead at a veterinary hospital.

Riva, a Greyhound rescued from a racetrack, was left at a grooming
facility. When her guardians returned, Riva was shaking, panting, and
unable to stand. She had been in a cage dryer. Her temperature was
108.7 degrees. According to veterinary records, Rive died from heat
stroke.

Bailey, a two year old Puggle (pug/Beagle mix), was dropped off at a
grooming facility. Bailey became unresponsive and died after being in
a drying cage. Miles, a toy poodle, died after being left unattended
in a cage dryer at a grooming facility.

Bo, a six year old Shih Tzu, died after being left in a groomer's
drying cage. Bo's father, Duke, had been in the same cage for an
hour. Duke recovered after being treated for heat exhaustion.

* Not all examples are from NY

This legislation, which bans the use of cage/box dryer heating
elements, should reduce injury to and death of animals at grooming
facilities. In doing so, it will also reduce the heartbreak suffered
by the animals' guardians when the animals are injured or killed by
the use of these dryers.

While the use of manual dryers necessitating a person holding a dryer
and/or the use of cage/box dryers without a heating element may
increase drying time, it will better ensure the health and safety of
companion animals and safeguard animal guardians from unnecessary
hardship.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATION:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.