Assembly Bill A7346

                            
                    S T A T E   O F   N E W   Y O R K
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    S. 5194                                                  A. 7346

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              May 14, 2013
                               ___________

IN SENATE -- Introduced by Sen. SERRANO -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Agriculture

IN  ASSEMBLY  --  Introduced by M. of A. ENGLEBRIGHT, MAISEL, GABRYSZAK,
  TITONE, ZEBROWSKI, NOJAY, DIPIETRO -- Multi-Sponsored by -- M.  of  A.
  ARROYO,  BRENNAN,  COOK, GLICK, JOHNS, McDONOUGH, MOSLEY, MOYA, THIELE
  -- read once and referred to the Committee on Agriculture

AN ACT to  amend  the  agriculture  and  markets  law,  in  relation  to
  restricting the breeding of dogs and setting standards for the care of
  breeding dogs and their puppies

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

  Section 1. Paragraphs (g) and (h) of subdivision 1 of section  401  of
the  agriculture  and markets law, paragraph (g) as added by chapter 259
of the laws of 2000 and paragraph (h) as added by  chapter  110  of  the
laws of 2012, are amended to read as follows:
  (g)  [In  the event that a pet dealer has a pregnant or nursing dog on
his or her premises, the pet dealer shall provide  a  whelping  box  for
such dog.
  (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. Section 401 of the agriculture and  markets  law  is  amended  by
adding a new subdivision 8 to read as follows:
  8.  BREEDING, BIRTH AND THE CARE OF PUPPIES. (A) FEMALE DOGS SHALL NOT
BE BRED UNLESS THEY ARE AT LEAST EIGHTEEN MONTHS OLD AND LESS  THAN  SIX
YEARS OLD. NO FEMALE DOG OVER THE AGE OF SIX YEARS OLD SHALL BE BRED.
  (B) (1) A FEMALE DOG SHALL NOT BE BRED MORE THAN ONCE A YEAR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10476-01-3

S. 5194                             2                            A. 7346
              

  (2)  A  FEMALE  DOG  SHALL  NOT  BE BRED MORE THAN FOUR TIMES. AFTER A
FEMALE DOG HAS WHELPED FOUR LITTERS,  THE  DOG  SHALL  BE  RETIRED  FROM
BREEDING REGARDLESS OF HER AGE.
  (3)  A  DOG  WHO  HAS  BEEN  RETIRED  FROM  BREEDING  MAY NOT BE SOLD,
RELEASED, GIVEN, BARTERED OR OTHERWISE  TRANSFERRED  TO  ANY  OTHER  PET
DEALER  FOR THE PURPOSE OF FURTHER BREEDING. ALL VETERINARY AND TRANSFER
DOCUMENTATION PERTAINING TO THE  DOG  SHALL  REFLECT  THAT  THE  DOG  IS
RETIRED FROM BREEDING.
  (C)  IN  THE  EVENT THAT A PET DEALER HAS A PREGNANT OR NURSING DOG ON
HIS OR HER PREMISES, THE PET DEALER SHALL PROVIDE A WHELPING OR  NESTING
BOX  FOR  SUCH DOG. A PREGNANT DOG SHALL BE SEPARATED FROM OTHER ANIMALS
IN PREPARATION FOR WHELPING NOT LESS THAN THREE DAYS  BEFORE  THE  DOG'S
ESTIMATED DATE OF WHELPING. A NURSING DOG AND HER PUPPIES SHALL BE SEPA-
RATED FROM OTHER ANIMALS UNTIL THE PUPPIES ARE ALL WEANED; PROVIDED THAT
A  PET  DEALER  MAY  KEEP  TWO OR MORE NURSING DOGS AND THEIR RESPECTIVE
PUPPIES TOGETHER IN A LOCATION SEPARATE FROM NON-NURSING DOGS.
  (D) (1) NO PUPPY SHALL BE SEPARATED FROM ITS  MOTHER  AND  LITTERMATES
UNTIL  IT IS AT LEAST EIGHT WEEKS OLD. ALL PUPPIES AND THEIR MOTHER MUST
REMAIN ON THE PET DEALER'S PREMISES UNTIL THE PUPPIES ARE AT LEAST EIGHT
WEEKS OLD.
  (2) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT PROHIBIT THE  TEMPORARY
SEPARATION  OF  PUPPIES  FROM  THE MOTHER DOG FOR THE PURPOSE OF SEEKING
NECESSARY CARE FROM A VETERINARIAN.
  S 3. This act shall take effect immediately.