S T A T E O F N E W Y O R K
________________________________________________________________________
3339
2021-2022 Regular Sessions
I N A S S E M B L Y
January 22, 2021
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Introduced by M. of A. FERNANDEZ, GOTTFRIED, ENGLEBRIGHT, L. ROSENTHAL,
WALCZYK, STECK, DeSTEFANO, DAVILA, SAYEGH, CRUZ, EPSTEIN, NIOU -- read
once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting ear clipping and tail docking of dogs unless deemed medically
necessary to protect the life or health of the dog
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 365 of the agriculture and markets
law, as amended by chapter 458 of the laws of 1985, is amended to read
as follows:
1. Whoever clips or cuts off or causes or procures another to clip or
cut off the whole or any part of an ear of any dog unless an anesthetic
shall have been given to the dog and the operation performed by a
licensed veterinarian WHO DEEMS SUCH OPERATION MEDICALLY NECESSARY TO
PROTECT THE LIFE OR HEALTH OF THE DOG, is guilty of a misdemeanor,
punishable by imprisonment for not more than one year, or a fine of not
more than one thousand dollars, or by both.
§ 2. The agriculture and markets law is amended by adding a new
section 365-a to read as follows:
§ 365-A. DOCKING DOG TAILS; UNLAWFUL. 1. ANY PERSON WHO CUTS THE BONE,
TISSUE, MUSCLES OR TENDONS OF THE TAIL OF ANY DOG, OR OTHERWISE OPERATES
UPON IT IN ANY MANNER FOR THE PURPOSE OR WITH THE EFFECT OF DOCKING OR
OTHERWISE ALTERING THE NATURAL CARRIAGE OR LENGTH OF THE TAIL, OR
ASSISTS, PROCURES, PROMOTES OR ENCOURAGES SUCH CUTTING OR OPERATION FOR
REASONS OTHER THAN TO PROTECT THE LIFE OR HEALTH OF THE DOG AS DEEMED
NECESSARY BY A DULY LICENSED VETERINARIAN, IS GUILTY OF A MISDEMEANOR
PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS.
2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY DOG OR PERSON
WHO IS THE OWNER OR POSSESSOR OF ANY DOG WHOSE TAIL HAS BEEN CERTIFIED
AS HAVING BEEN DOCKED, CUT OR ALTERED PRIOR TO AUGUST FIRST, TWO THOU-
SAND TWENTY.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02883-01-1