S T A T E O F N E W Y O R K
________________________________________________________________________
6784
2017-2018 Regular Sessions
I N S E N A T E
June 16, 2017
___________
Introduced by Sen. BOYLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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.
LBD01092-08-7
S. 6784 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 BY WASHING ALL SOILED SURFACES WITH APPROPRIATE DETER-
GENT SOLUTIONS AND DISINFECTANT 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 TO PERMIT EFFECTIVE SANITIZATION, FOLLOWED BY A CLEAN
WATER RINSE. The primary enclosure or cage shall be constructed so as to
eliminate excess water, excretions, and waste material. Under no circum-
stances shall the animal remain inside the primary enclosure or cage
while it is being cleaned with 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 proper-
ly 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. Section 401 of the agriculture and markets law is amended by
adding a new subdivision 8 to read as follows:
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.