S T A T E O F N E W Y O R K
________________________________________________________________________
613
2017-2018 Regular Sessions
I N S E N A T E
January 4, 2017
___________
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.
§ 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01092-01-7
S. 613 2
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.
8. GROOMING. ALL ANIMALS SHALL BE GROOMED REGULARLY TO PREVENT EXCES-
SIVE MATTING OF FUR, OVERGROWN TOENAILS AND FLEA AND TICK INFESTATION.
S. 613 3
§ 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.