S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    216
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of A. PAULIN, GALEF, GOTTFRIED, PICHARDO, ZEBROWSKI,
   McDONOUGH, RAIA, WEPRIN -- Multi-Sponsored by -- M. of A. COOK,  DAVI-
   LA, RA -- read once and referred 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.

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

                                                            LBD00592-01-9

 A. 216                              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 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.