senate Bill S1253A

2011-2012 Legislative Session

Relates to the sale of birds by pet dealers when such birds have not yet been fully weaned

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to agriculture
May 11, 2011 print number 1253a
amend and recommit to agriculture
Jan 06, 2011 referred to agriculture

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1253 - Details

See Assembly Version of this Bill:
A1767A
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §402, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
S4130C, A7694C

S1253 - Summary

Relates to the sale of birds by pet dealers when such birds have not yet been fully weaned.

S1253 - Sponsor Memo

S1253 - Bill Text download pdf

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

                                  1253

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01386-01-1

Co-Sponsors

S1253A (ACTIVE) - Details

See Assembly Version of this Bill:
A1767A
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §402, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
S4130C, A7694C

S1253A (ACTIVE) - Summary

Relates to the sale of birds by pet dealers when such birds have not yet been fully weaned.

S1253A (ACTIVE) - Sponsor Memo

S1253A (ACTIVE) - Bill Text download pdf

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

                                 1253--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens.  ADDABBO,  AVELLA, OPPENHEIMER, STEWART-COUSINS --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Agriculture -- 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.
                                                           LBD01386-02-1

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