S T A T E   O F   N E W   Y O R K
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                                 7268--A
    Cal. No. 752

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced by Sens. BALL, SKELOS, GRISANTI, LAVALLE, OPPENHEIMER -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Agriculture -- reported favorably  from  said  committee,
  ordered  to  first  and  second  report,  ordered  to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

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  CONTAGIOUS  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  REGULAR  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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD00792-16-2

S. 7268--A                          2

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 DOGS WITH THE OPPOR-
TUNITY FOR DAILY EXERCISE. IN DEVELOPING SUCH PLAN, CONSIDERATION SHOULD
BE GIVEN TO PROVIDING POSITIVE PHYSICAL CONTACT WITH HUMANS THAT ENCOUR-
AGES EXERCISE THROUGH PLAY OR OTHER SIMILAR ACTIVITIES.  SUCH PLAN SHALL
BE APPROVED BY THE ATTENDING VETERINARIAN, AND MUST BE MADE AVAILABLE TO
THE DEPARTMENT UPON REQUEST.
  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. 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

S. 7268--A                          3

licensed  by  the  United States department of agriculture, the person's
name, address, and federal dealer identification number.  IF THE  PERSON
FROM  WHOM  THE  ANIMAL WAS OBTAINED IS A DEALER LICENSED BY THE DEPART-
MENT,  THE  PERSON'S  NAME,  ADDRESS,  AND  STATE  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.
  S 7. 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.