senate Bill S1922

2013-2014 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 08, 2014 referred to agriculture
Jan 09, 2013 referred to agriculture

Co-Sponsors

S1922 - Bill Details

See Assembly Version of this Bill:
A738
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง402, Ag & Mkts L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1253A, A1767A
2009-2010: S4130C, A7694C

S1922 - Bill Texts

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

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BILL NUMBER:S1922

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to the sale of birds by pet dealers

PURPOSE: To ensure the humane health of bird species before sale to the
public, and the assurance that the public are purchasing optimal health
birds.

SUMMARY OF PROVISIONS: An amendment is made to Section 402, subdivision
1, of the Agriculture and Markets law specifying the procedure of the
sale of birds by pet dealers.

Birds not fully weaned cannot be sold unless a pet dealer discloses the
bird is not weaned; has provided training of proper hand-feeding to the
buyer; and buyer agrees in writing to produce the bird for inspection at
least once weekly until a bird is determined to be fully weaned.

EXISTING LAW: There are no existing laws for optimal health of bird
species in pet dealer stores.

JUSTIFICATION: The public is usually unaware of a bird species health
in pet dealer stores. While no pet dealer shall knowingly sell any cat
or dog younger than eight weeks of age, a bird can be sold at a young
age since there are no restrictions in place to prohibit a pet dealer
from performing this act. Birds need to sustain a certain weight in
order to fend and feed for themselves, so it is vital that they are sold
at a later time.

This act would prohibit pet dealers at retail to sell any full weaned
bird to the public unless the public has been provided on training by
the pet dealer to hand-feed a bird, agrees in writing to at least once a
week bring the bird in for inspection, and has received disclosure from
the pet dealer that the bird is not weaned. These measures would ensure
birds are at optimal health and would receive the greatest care at the
point of sale between pet dealer and buyer.

LEGISLATIVE HISTORY: 2009-2010: S.4130 - Passed Consumer protection;
referred to Codes. 2011-2012: S. 1253-A - Reported to Agriculture
Committee.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Shall take effect on the sixtieth day after it becomes
law.

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

                                  1922

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 amended by chapter 110 of the laws of 2012,  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. 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. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02332-01-3

S. 1922                             2

  (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
SUCH  TIME  AS  THE BIRD IS FULLY WEANED.  FOR PURPOSES OF THIS SUBDIVI-
SION, 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.

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