S T A T E O F N E W Y O R K
________________________________________________________________________
3297
2017-2018 Regular Sessions
I N A S S E M B L Y
January 27, 2017
___________
Introduced by M. of A. ROSENTHAL -- read once and referred 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.
LBD05342-01-7
A. 3297 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.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.