NY State Senate Bill 2011-S3477

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

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2012	print number 3477d
Jan 24, 2012	amend and recommit to consumer protection
Jan 13, 2012	print number 3477c
Jan 13, 2012	amend and recommit to consumer protection
Jan 04, 2012	referred to consumer protection
Dec 30, 2011	print number 3477b
Dec 30, 2011	amend and recommit to consumer protection
May 05, 2011	print number 3477a
May 05, 2011	amend and recommit to consumer protection
Feb 23, 2011	referred to consumer protection

Bill Amendments

Original

D (Active)

2011-S3477 - Details

Current Committee:: Senate Consumer Protection
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §401, Ag & Mkts L; amd §753-a, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:: S7511

2011-S3477 - 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.

2011-S3477 - Sponsor Memo

                                BILL NUMBER:S3477

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:
2010, A.10509-C passed Assembly. 2010, same as S.7511-C (Oppenheimer)
Committed to Rules.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect April 1, 2012; 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.

2011-S3477 - Bill Text download pdf

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

                                  3477

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00792-01-1

S. 3477                             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,  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, 2012; 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.

2011-S3477A - Details

Current Committee:: Senate Consumer Protection
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §401, Ag & Mkts L; amd §753-a, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:: S7511

2011-S3477A - 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.

2011-S3477A - Sponsor Memo

                                BILL NUMBER:S3477A

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 contagious 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 paragraph (c) of subdivision 5 of section 401 of
the agriculture and markets law, as added by chapter 259 of the laws
of 2000 and as re-lettered by section two of this act, to change the
phrase "found to be afflicted" to the word "diagnosed,"

Section four amends section 401 of the agriculture and markets law by
adding a new subdivision 7 which provides that pet dealers shall
develop, maintain, document and implement an appropriate plan to
provide animals with the opportunity for daily exercise. Consideration
should be given to providing positive human contact that encourages
exercise. Such plan shall be approved by the attending veterinarian
and the department of agriculture and markets.

Section five 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 six 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:
2010, A.10509-C passed Assembly. 2010, same as S.7511-C (Oppenheimer)
committed to Rules.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect April 1, 2012; 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.

2011-S3477A - Bill Text download pdf

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

                                 3477--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00792-03-1

S. 3477--A                          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.  Paragraph (c) of subdivision 5 of section 401 of the agriculture
and  markets  law,  as  added  by chapter 259 of the laws of 2000 and as
relettered by section two of this act, is amended to read as follows:
  (c) Within five business days of receipt, but prior  to  sale  of  any
dog,  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 exam-
ination 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] DIAGNOSED with a conta-
gious disease  shall  be  treated  and  caged  separately  from  healthy
animals.
  S  4.  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 5. 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 6. This act shall take effect April 1, 2012; 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.

2011-S3477B - Details

Current Committee:: Senate Consumer Protection
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §401, Ag & Mkts L; amd §753-a, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:: S7511

2011-S3477B - 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.

2011-S3477B - Sponsor Memo

                                BILL NUMBER:S3477B

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
contagious 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 veterinary care and

regularly scheduled visits to the dealer's premises by the
veterinarian. The program of care shall include the availability of
appropriate facilities, personnel, equipment, and services to comply
with the provision of this article; the use of methods determined to
be appropriate by the attending veterinarian to prevent, control, and
respond to diseases and injuries, and the availability of emergency,
weekend, and holiday care; 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
subdivision (iv) of this paragraph, and provided, further, that a
mechanism of direct and frequent communication is required so that
timely and accurate information on problems of animal health,
behavior, and wellbeing is conveyed to the attending veterinarian;
adequate guidance to personnel involved in the care and use of
animals regarding handling and immobilization; and pre-procedural and
post-procedural care in accordance with established veterinary
medical and nursing procedures.

Section three amends paragraph (c) of subdivision 5 of section 401 of
the agriculture and markets law, as added by chapter 259 of the laws
of 2000 and as re-lettered by section two of this act, by changing
the phrase "found to be afflicted" to the word "diagnosed."

Section four amends section 401 of the agriculture and markets law by
adding a new subdivision 7 which provides that pet dealers shall
develop, maintain, document, and implement an appropriate plan to
provide animals with the opportunity for daily exercise.
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 of agriculture and markets.

Section five amends section 753-a of the general business law, as
added by chapter 259 of the laws of 2000, by changing the phrase
"found to be afflicted" to the word "diagnosed"; changing the phrase
"inoculated" to "vaccinated"; removing the phrase "eighteen months of
age or older"; and adding "or contagious disease."

Section six 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:
2010: A.10509-C Passed Assembly
2010: Same as S.7511-C (Oppenheimer) Committed to Rules

FISCAL IMPLICATION:
None.

EFFECTIVE DATE:
This act shall take effect April 1, 2012; 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.

2011-S3477B - Bill Text download pdf

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

                                 3477--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

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 METHODS DETERMINED TO BE APPROPRIATE BY THE  ATTENDING
VETERINARIAN  TO PREVENT, CONTROL, AND RESPOND TO 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00792-05-1

S. 3477--B                          2

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;
  (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.  Paragraph (c) of subdivision 5 of section 401 of the agriculture
and  markets  law,  as  added  by chapter 259 of the laws of 2000 and as
relettered by section two of this act, is amended to read as follows:
  (c) Within five business days of receipt, but prior  to  sale  of  any
dog,  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 exam-
ination 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] DIAGNOSED with a conta-
gious disease  shall  be  treated  and  caged  separately  from  healthy
animals.
  S  4.  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 5. 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 6. This act shall take effect April 1, 2012; 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-

S. 3477--B                          3

tive  date  are  authorized  and directed to be made and completed on or
before such effective date.

2011-S3477C - Details

Current Committee:: Senate Consumer Protection
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §401, Ag & Mkts L; amd §753-a, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:: S7511

2011-S3477C - 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.

2011-S3477C - Sponsor Memo

                                BILL NUMBER:S3477C

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
contagious 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 veterinary care and

regularly scheduled visits to the dealer's premises by the
veterinarian. The program of care shall include the availability of
appropriate facilities, personnel, equipment, and services to comply
with the provision of this article; the use of methods determined to
be appropriate by the attending veterinarian to prevent, control, and
respond to diseases and injuries, and the availability of emergency,
weekend, and holiday care; 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
subdivision (iv) of this paragraph, and provided, further, that a
mechanism of direct and frequent communication is required so that
timely and accurate information on problems of animal health,
behavior, and wellbeing is conveyed to the attending veterinarian;
adequate guidance to personnel involved in the care and use of
animals regarding handling and immobilization; and pre-procedural and
post-procedural care in accordance with established veterinary
medical and nursing procedures.

Section three amends paragraph (c) of subdivision 5 of section 401 of
the agriculture and markets law, as added by chapter 259 of the laws
of 2000 and as re-lettered by section two of this act, by changing
the phrase "found to be afflicted" to the word "diagnosed."

Section four amends section 401 of the agriculture and markets law by
adding a new subdivision 7 which provides that pet dealers shall
develop, maintain, document, and implement an appropriate plan to
provide animals with the opportunity for daily exercise.
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 of agriculture and markets.

Section five amends section 753-a of the general business law, as
added by chapter 259 of the laws of 2000, by changing the phrase
"found to be afflicted" to the word "diagnosed"; changing the phrase
"inoculated" to "vaccinated"; removing the phrase "eighteen months of
age or older"; and adding "or contagious disease."

Section six 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:
2010: A.10509-C Passed Assembly
2010: Same as S.7511-C (Oppenheimer) Committed to Rules

FISCAL IMPLICATION:
None.

EFFECTIVE DATE:
This act shall take effect April 1, 2013; 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.

2011-S3477C - Bill Text download pdf

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

                                 3477--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

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 -- recommitted to the Committee on Consumer Protection in  accord-
  ance with Senate Rule 6, sec. 8 -- 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00792-06-2

S. 3477--C                          2

  (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;
  (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.  Paragraph (c) of subdivision 5 of section 401 of the agriculture
and markets law, as added by chapter 259 of the  laws  of  2000  and  as
relettered by section two of this act, is amended to read as follows:
  (c)  Within  five  business  days of receipt, but prior to sale of any
dog, 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  exam-
ination  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] DIAGNOSED with  a  conta-
gious  disease  shall  be  treated  and  caged  separately  from healthy
animals.
  S 4. 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  5.  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. 3477--C                          3

  S 6. This act shall take effect April 1, 2013; 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.

2011-S3477D (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §401, Ag & Mkts L; amd §753-a, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:: S7511

2011-S3477D (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.

2011-S3477D (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3477D

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 contagious 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 veterinary care and
regularly scheduled visits to the dealer's premises by the
veterinarian. The program of care shall include the availability of

appropriate facilities, personnel, equipment, and services to comply
with the provision of this article; the use of methods determined to
be appropriate by the attending veterinarian to prevent, control, and
respond to diseases and injuries, and the availability of emergency,
weekend, and holiday care; 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
subdivision (iv) of this paragraph, and provided, further, that a
mechanism of direct and frequent communication is required so that
timely and accurate information on problems of animal health,
behavior, and wellbeing is conveyed to the attending veterinarian;
adequate guidance to personnel involved in the care and use of
animals regarding handling and immobilization; and pre-procedural and
post-procedural care in accordance with established veterinary
medical and nursing procedures.

Section three amends paragraph (c) of subdivision 5 of section 401 of
the agriculture and markets law, as added by chapter 259 of the laws
of 2000 and as re-lettered by section two of this act, by changing
the phrase "found to be afflicted" to the word "diagnosed."

Section four amends section 401 of the agriculture and markets law by
adding a new subdivision 7 which provides that pet dealers shall
develop, maintain, document, and implement an appropriate plan to

provide animals with the opportunity for daily exercise.
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 of agriculture and markets.

Section five amends section 753-a of the general business law, as
added by chapter 259 of the laws of 2000, by changing the phrase
"found to be afflicted" to the word "diagnosed"; changing the phrase
"inoculated" to "vaccinated"; removing the phrase "eighteen months of
age or older"; and adding "or contagious disease."

Section six 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:
2010: A.10509-C Passed Assembly
2010: Same as S.7511-C (Oppenheimer) Committed to Rules

FISCAL IMPLICATION:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law; 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 to be made on or before such effective
date.

2011-S3477D (ACTIVE) - Bill Text download pdf

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

                                 3477--D

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

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 -- recommitted to the Committee on Consumer Protection in  accord-
  ance with Senate Rule 6, sec. 8 -- 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 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00792-10-2

S. 3477--D                          2

  (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;
  (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.  Paragraph (c) of subdivision 5 of section 401 of the agriculture
and  markets  law,  as  added  by chapter 259 of the laws of 2000 and as
relettered by section two of this act, is amended to read as follows:
  (c) Within five business days of receipt, but prior  to  sale  of  any
dog,  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 exam-
ination 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] DIAGNOSED with a conta-
gious disease  shall  be  treated  and  caged  separately  from  healthy
animals.
  S  4.  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 5. 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

S. 3477--D                          3

DISEASE that adversely affects the health of the  animal  without  first
informing the consumer, in writing, of such condition.
  S 6. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized to be made on or before such effective date.

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Senate Bill S3477

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

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2011-S3477D (ACTIVE) - Details

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2011-S3477D (ACTIVE) - Bill Text download pdf

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Suzi Oppenheimer

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

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2011-S3477 - Details

2011-S3477 - Summary

2011-S3477 - Sponsor Memo

2011-S3477 - Bill Text download pdf

2011-S3477A - Details

2011-S3477A - Summary

2011-S3477A - Sponsor Memo

2011-S3477A - Bill Text download pdf

2011-S3477B - Details

2011-S3477B - Summary

2011-S3477B - Sponsor Memo

2011-S3477B - Bill Text download pdf

2011-S3477C - Details

2011-S3477C - Summary

2011-S3477C - Sponsor Memo

2011-S3477C - Bill Text download pdf

2011-S3477D (ACTIVE) - Details

2011-S3477D (ACTIVE) - Summary

2011-S3477D (ACTIVE) - Sponsor Memo

2011-S3477D (ACTIVE) - Bill Text download pdf

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