The New York State Senate

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

                                   72

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  M.  of  A.  PAULIN,  GALEF, GOTTFRIED, PICHARDO, TITONE,
  ZEBROWSKI, McDONOUGH, MURRAY, RAIA, WEPRIN -- Multi-Sponsored by -- M.
  of A. COOK, DAVILA, MAGEE, RA -- read once and referred to the Commit-
  tee 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD01092-01-7

A. 72                               2

  §  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
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.
  §  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.
  § 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.
  § 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.

A. 72                               3

  8.  GROOMING. ALL ANIMALS SHALL BE GROOMED REGULARLY TO PREVENT EXCES-
SIVE MATTING OF FUR, OVERGROWN TOENAILS AND FLEA AND TICK INFESTATION.
  §  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.