senate Bill S7846

Signed By Governor
2013-2014 Legislative Session

Requires operators of petting zoos and other public establishments featuring animals to maintain hand washing or hand cleansing facilities for patrons

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Archive: Last Bill Status Via A4735 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2014 signed chap.358
Sep 11, 2014 delivered to governor
Jun 19, 2014 returned to assembly
passed senate
3rd reading cal.1655
substituted for s7846
Jun 19, 2014 substituted by a4735a
ordered to third reading cal.1655
committee discharged and committed to rules
Jun 13, 2014 referred to consumer protection

Votes

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S7846 - Bill Details

See Assembly Version of this Bill:
A4735A
Law Section:
General Business Law
Laws Affected:
Add §399-ff, Gen Bus L; add §1311, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A4018
2009-2010: A3576A

S7846 - Bill Texts

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Requires operators of petting zoos to maintain hand washing or hand cleansing facilities for persons attending such petting zoos within no more than fifty feet of the exit from the petting zoo area; and requires other public establishments featuring animals that patrons may reasonably come in contact with to provide hand washing or hand cleansing facilities.

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BILL NUMBER:S7846

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL:

Requires operators of petting zoos and other public establishments
featuring animals for the purpose of touching, fondling or petting to
provide and maintain hand washing/hand cleansing facilities which
should be located either immediately outside of, or within fifty feet.
of the exit from the petting/touching/fondling area, with conspicuous
signage to remind and direct. patrons to hand washing stations.

SUMMARY OF SPECIFIC PROVISIONS:

Amends the general business law by adding a new section 399-ff which
requires any facility which provides an area where animals are
congregated for the explicit purpose of allowing patrons and other
visitors to view, touch pet or fondling such animals to: (1) provide
appropriate hand washing/hand cleansing facilities at either (a) the
immediate exit from the area where the animals are congregated for
this purpose or (b) within 5O feet of that exit; (2) post conspicuous
signage at and around the facility urging patrons and other visitors
to the petting area to wash/cleanse their hands upon leaving the area
and directing them to the nearest. hand washing/hand cleansing
facility. This bill also prohibits the sale of food prepared for
immediate consumption by humans within fifty feet of the petting zoo
area and authorizes the imposition of monetary penalties for
non-compliance with any of these Provisions. Furthermore, this bill
authorizes the State Commissioner of Health and the New York City
Commissioner of Health (within the city of New York) to establish
rules guarding against the spread of bacteria and viruses carried by
animals displayed at carnivals, fairs and amusement parks that feature
petting zoos.

JUSTIFICATION:

It is no secret that animals are conveyors of many communicable
diseases potentially harmful to humans, particularly our most
vulnerable - children and the elderly. These most vulnerable groups
are generally the main target audience for petting zoos. Yet current
law does not adequately protect our children and families by requiring
petting zoos to provide hand washing/hand cleansing facilities for
patrons and/or other visitors to the zoo to wash/cleanse their hands
upon leaving-the petting area.

While there have been no studies to date to make a knowledgeable
evaluation of the impact, a recent survey reported in the Journal of
Clinical Communicable Diseases found that a significant number of
petting zoo customers did not wash their hands on exiting the touching
area. Common sense dictates therefore, that it is good public policy
to require the availability of hand cleansing/washing areas, with
reminders to the public that good hygiene standards should be
maintained to protect against the high risk of spreading disease. The


Journal of clinical Infectious Diseases, survey also found that there
was increased hand hygiene compliance and practice when hand washing
stations were located on the exit routes from the petting area, along
with conspicuous signage urging patrons and other visitors to
wash/cleanse their hand upon exiting the petting zoo. Good public
policy dictates that appropriate measures be put in place to eliminate
this avenue of potential Health crisis. This bill will ensure that
patrons and other visitors to petting zoos are provided the
opportunity to wash/cleanse their hand after touching, fondling and
petting animals, thereby minimizing any prospect for the spread of any
germs being carried by the animal(s) i n the petting zoo.

PRIOR LEGISLATIVE HISTORY:

2011-2012 A.4018
2009-2010 A.3576
2007-2008 A.9377

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

On the one hundred eightieth day after it shall have become law.

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

                                  7846

                            I N  S E N A T E

                              June 13, 2014
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

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.
  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 PENALTY IN AN AMOUNT OF UP TO FIVE
HUNDRED DOLLARS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00083-03-4

S. 7846                             2

  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.

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