Assembly Bill A1767A

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

                                 1767--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Agriculture -- 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 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 AT RETAIL THAT HAS  NOT  BEEN  FULLY  WEANED;
PROVIDED, HOWEVER, THAT A PET DEALER MAY SELL SUCH BIRD IF:
  (A)  DISCLOSURE IS MADE BY THE PET DEALER IN WRITING TO THE BUYER THAT
THE BIRD IS NOT WEANED;
  (B) THE PET DEALER PROVIDES TRAINING TO THE BUYER ON PROPER HAND-FEED-
ING OF THE BIRD OR HAS A REASONABLE BELIEF THAT THE BUYER POSSESSES SUCH
KNOWLEDGE; AND
  (C) THE BUYER AGREES IN WRITING TO PRODUCE THE BIRD FOR INSPECTION AND
WEIGHTING BY THE PET DEALER NO LESS FREQUENTLY THAN  ONCE  WEEKLY  UNTIL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01386-03-1
              

A. 1767--A                          2

SUCH  TIME  AS  THE BIRD IS FULLY WEANED.  FOR PURPOSES OF THIS SUBDIVI-
SION, 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 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.