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

                                  7800

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  BOYLE  -- 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 care
  of animals

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

  Section 1. Paragraphs (e), (g) and (h) of subdivision 1 of section 401
of  the  agriculture and markets law, paragraphs (e) and (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:
  (e)  The  indoor facilities housing the animals shall be provided with
adequate lighting sufficient to permit routine inspection  and  cleaning
and  be arranged so that each animal is protected from excessive illumi-
nation which poses a health hazard to the animal.  ANIMAL AREAS MUST  BE
PROVIDED  WITH REGULAR DIURNAL LIGHT CYCLES OF EITHER NATURAL OR ARTIFI-
CIAL LIGHT.
  (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.  SEPARATE AND APART FROM THE WHELPING BOX, A PET DEALER  SHALL
PROVIDE  A  PREGNANT  OR NURSING DOG WITH A SEPARATE SPACE ACCESSIBLE TO
HER THAT COMPLIES WITH THE STANDARDS SET FORTH IN PARAGRAPH (B) OF  THIS
SUBDIVISION. EACH NURSING DOG SHALL BE PROVIDED WITH A SUFFICIENT AMOUNT
OF FLOOR SPACE TO NURSE AND CARE FOR HER LITTER.
  (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 AND  MUST  OTHERWISE  MEET  ALL
HOUSING REQUIREMENTS OF THIS SECTION.
  S  2. Subdivision 2 of section 401 of the agriculture and markets law,
as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
follows:
  2.  Sanitation.  Housing  facilities, including primary enclosures and
cages, shall be kept in a clean condition in order to maintain a healthy
environment for the animal. This shall include removing  and  destroying
any agents injurious to the health of the animal and periodic cleanings.
PRIMARY  ENCLOSURES  MUST  BE  CLEANED DAILY AND SANITIZED AT LEAST ONCE
EVERY TWO WEEKS USING ONE OF THE FOLLOWING METHODS: (A) LIVE STEAM UNDER
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14436-04-6

S. 7800                             2

PRESSURE; (B) WASHING WITH WATER WITH A  TEMPERATURE  OF  AT  LEAST  ONE
HUNDRED AND EIGHTY DEGREES FAHRENHEIT AND SOAP OR DETERGENT; (C) WASHING
ALL  SOILED  SURFACES WITH APPROPRIATE DETERGENT SOLUTIONS AND DISINFEC-
TANT  OR  BY  USING A COMBINATION DETERGENT OR DISINFECTANT PRODUCT THAT
ACCOMPLISHES THE SAME PURPOSE WITH A THOROUGH CLEANING OF  THE  SURFACES
TO  REMOVE  EXCRETA,  FECES,  HAIR, DIRT, DEBRIS AND FOOD WASTE SO AS TO
REMOVE ALL ORGANIC AND MINERAL  BUILDUP  AND  TO  PROVIDE  SANITIZATION,
FOLLOWED  BY A CLEAN WATER RINSE. The primary enclosure or cage shall be
constructed so as to eliminate excess water, excretions, and waste mate-
rial. Under no circumstances shall the animal remain inside the  primary
enclosure or cage while it is being cleaned with LIVE STEAM, sterilizing
agents  or  agents  toxic  to  animals  or cleaned in a manner likely to
threaten the health and safety of the animal. Trash and  waste  products
on  the  premises  shall  be properly contained and disposed of so as to
minimize the risks of disease, contamination, and vermin.
  S 3. Paragraph (c) of subdivision 3 of section 401 of the  agriculture
and markets law, as added by chapter 259 of the laws of 2000, is amended
to read as follows:
  (c)  [Food]  SANITARY FOOD receptacles shall be provided in sufficient
number, of adequate size, and so located as to enable each animal in the
primary enclosure or cage to be supplied  with  an  adequate  amount  of
food.
  S  4.  Subparagraphs  (iv)  and (v) of paragraph a of subdivision 5 of
section 401 of the agriculture and markets law, as added by chapter  110
of the laws of 2012, are amended and a new subparagraph (vi) is added to
read as follows:
  (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[.]; AND
  (VI)  IN  THE CASE OF DEALERS WHO SELL OR OFFER TO SELL TWENTY-FIVE OR
MORE DOGS OR CATS PER YEAR TO THE PUBLIC FOR PROFIT THAT  ARE  BORN  AND
RAISED  ON THE DEALER'S RESIDENTIAL PREMISES, ANNUAL VETERINARY EXAMINA-
TIONS, AT A MINIMUM, FOR ALL INTACT ADULT DOGS OR CATS ON SUCH  DEALER'S
PREMISES.
  S  5. Subdivision 7 of section 401 of the agriculture and markets law,
as added by chapter 110 of the laws of 2012, is amended and a new subdi-
vision 8 is added 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] SHALL BE PROVIDED TO THE  DEPARTMENT  BY
MAIL  OR  ELECTRONIC  MEANS  IN  ACCORDANCE  WITH ANY REGULATIONS IT MAY
PROMULGATE.
  8. GROOMING. ALL ANIMALS SHALL BE GROOMED REGULARLY TO PREVENT  EXCES-
SIVE MATTING OF FUR, OVERGROWN TOENAILS AND FLEA AND TICK INFESTATION.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, 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 and completed
on or before such effective date.