S T A T E   O F   N E W   Y O R K
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                                  4018

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

Introduced  by  M. of A. PERRY, GOTTFRIED -- Multi-Sponsored by -- M. of
  A. CLARK, GALEF, PHEFFER, WEISENBERG -- read once and referred to  the
  Committee on Health

AN  ACT  to amend the general business law and the public health law, in
  relation to requiring operators  of  petting  zoos  and  other  public
  establishments  featuring  animals  to  maintain  hand washing or hand
  cleansing facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-ff to read as follows:
  S 399-FF. PETTING ZOOS. 1. FOR PURPOSES OF THIS SECTION THE TERMS:
  (A) "PETTING ZOO" SHALL MEAN A PLACE WHERE A COLLECTION OF ANIMALS ARE
KEPT  FOR  THE EXPRESS PURPOSE OF VIEWING, TOUCHING, HOLDING AND PETTING
BY PATRONS AND VISITORS TO THE ESTABLISHMENT; AND
  (B) "HAND WASHING OR HAND CLEANSING FACILITY" SHALL MEAN ANY METHOD OF
CLEANSING THE HANDS THAT KILLS GERMS AND  BACTERIA  INCLUDING,  BUT  NOT
LIMITED  TO,  SOAP  AND  RUNNING  WATER, ANTI-BACTERIAL FLUIDS, FOAMS OR
GELS, AND ANTI-BACTERIAL OR ANTISEPTIC WIPES OR TOWELS.
  2. ALL PETTING ZOO OPERATORS SHALL PROVIDE AND MAINTAIN AT  LEAST  ONE
CLEARLY DESIGNATED HAND WASHING FACILITY FOR PATRONS AND VISITORS TO THE
ESTABLISHMENT  TO  WASH OR CLEANSE THEIR HANDS UPON EXITING SUCH PETTING
ZOO AREA.  SUCH HAND WASHING OR HAND CLEANSING FACILITY SHALL  BE  MAIN-
TAINED  AT  OR  WITHIN  NO  MORE  THAN  FIFTY FEET OF THE EXIT FROM SUCH
PETTING ZOO AREA.
  3. EVERY EXIT FROM A PETTING ZOO AREA SHALL HAVE A SIGN  CONSPICUOUSLY
POSTED THAT SHALL STATE, IN A CLEAR AND LEGIBLE TYPEFACE, THE FOLLOWING:
"ANIMALS  AT  PETTING  ZOOS  MAY  CARRY  GERMS  AND  BACTERIA THAT CAUSE
DISEASE. IT IS STRONGLY RECOMMENDED THAT PERSONS WASH THEIR  HANDS  UPON
EXITING  THE PETTING ZOO AREA". SUCH SIGN SHALL ALSO INDICATE THE DIREC-
TION IN WHICH SUCH HAND WASHING OR HAND CLEANSING FACILITY IS LOCATED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08563-01-1
              

A. 4018                             2

  4. ANY OPERATOR OF A PETTING ZOO WHO FAILS TO MAINTAIN A HAND  WASHING
OR  HAND  CLEANSING  FACILITY  AND  PROPER  SIGNAGE IN VIOLATION OF THIS
SECTION SHALL BE SUBJECT TO A CIVIL FINE IN THE AMOUNT OF NOT LESS  THAN
FIVE  HUNDRED DOLLARS FOR EACH DAY IN WHICH SUCH PETTING ZOO IS OPERATED
IN VIOLATION OF THIS SECTION.
  S  2. The public health law is amended by adding a new section 1311 to
read as follows:
  S 1311. HAND  WASHING  FACILITIES  AT  CERTAIN  PUBLIC  ESTABLISHMENTS
FEATURING  ANIMALS.  1.  ALL  PUBLIC  ESTABLISHMENTS  INCLUDING, BUT NOT
LIMITED TO, CARNIVALS, FAIRS AND AMUSEMENT  PARKS,  AS  SUCH  TERMS  ARE
DEFINED  IN SECTION EIGHT HUNDRED SEVENTY-C OF THE LABOR LAW, FARMS, AND
FARMERS' MARKETS, AS SUCH TERM IS DEFINED IN SECTION TWO  HUNDRED  SIXTY
OF  THE  AGRICULTURE  AND  MARKETS  LAW,  WHICH FEATURE DISPLAYS OF LIVE
ANIMALS THAT PATRONS MAY REASONABLY BE EXPECTED TO  COME  INTO  PHYSICAL
CONTACT  WITH  FOR  THE  PURPOSE  OF  TOUCHING, HOLDING OR PETTING SHALL
PROVIDE HAND WASHING OR HAND CLEANSING FACILITIES FOR SUCH PATRONS. HAND
WASHING OR HAND CLEANSING  FACILITIES  MAY  BE  TEMPORARY  OR  PERMANENT
FIXTURES  AND  SHALL  INCLUDE  ONE  OR  MORE  OF THE FOLLOWING: SOAP AND
RUNNING WATER; ANTI-BACTERIAL FLUIDS, FOAMS OR GELS;  OR  ANTI-BACTERIAL
OR ANTISEPTIC WIPES OR TOWELS.
  2.  SIGNS SHALL BE CONSPICUOUSLY POSTED AND SHALL STATE IN A CLEAR AND
LEGIBLE TYPEFACE, THE FOLLOWING: "ANIMALS MAY CARRY GERMS  AND  BACTERIA
THAT  CAN  CAUSE  DISEASE  TO  PEOPLE.  IT  IS STRONGLY RECOMMENDED THAT
PERSONS WASH OR CLEANSE THEIR HANDS AFTER TOUCHING, HOLDING  OR  PETTING
THE  ANIMALS."  SUCH SIGNS SHALL ALSO INDICATE WHERE THE HAND WASHING OR
HAND CLEANSING FACILITY IS LOCATED.
  3. THE COMMISSIONER MAY MAKE RULES  GUARDING  AGAINST  THE  SPREAD  OF
BACTERIA  AND  VIRUSES  AT PUBLIC ESTABLISHMENTS THAT FEATURE ANIMALS AS
PROVIDED IN SUBDIVISION ONE OF THIS SECTION, TO PERSONS EMPLOYED  AT  OR
TO  PATRONS OF SUCH ESTABLISHMENTS WHERE SUCH ESTABLISHMENTS ARE LOCATED
OUTSIDE THE CITY OF NEW YORK, AND WHERE SUCH ESTABLISHMENTS ARE  LOCATED
WITHIN  THE  CITY  OF NEW YORK, THE COMMISSIONER OF PUBLIC HEALTH OF THE
CITY OF NEW YORK MAY MAKE AND ENFORCE SUCH RULES.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.