S T A T E O F N E W Y O R K
________________________________________________________________________
461
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 2021
___________
Introduced by Sen. BIAGGI -- 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 prohib-
iting ear clipping and tail docking of dogs and cats unless deemed
medically necessary to protect the life or health of the dog or cat
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading and subdivision 1 of section 365 of the
agriculture and markets law, as amended by chapter 458 of the laws of
1985, are amended to read as follows:
Clipping or cutting the ears of dogs AND CATS. 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 OR CAT unless an anesthetic shall have
been given to the dog OR CAT and the operation performed by a licensed
veterinarian WHO DEEMS SUCH OPERATION MEDICALLY NECESSARY TO PROTECT THE
LIFE OR HEALTH OF THE DOG OR CAT, 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 AND CAT TAILS; UNLAWFUL. 1. ANY PERSON WHO CUTS
THE BONE, TISSUE, MUSCLES OR TENDONS OF THE TAIL OF ANY DOG OR CAT, 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 OR CAT AS DEEMED NECESSARY BY A DULY LICENSED VETERINARIAN, IS GUIL-
TY OF A MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED
DOLLARS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02883-02-1
S. 461 2
2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY DOG OR CAT,
OR PERSON WHO IS THE OWNER OR POSSESSOR OF ANY DOG OR CAT WHOSE TAIL HAS
BEEN CERTIFIED AS HAVING BEEN DOCKED, CUT OR ALTERED PRIOR TO AUGUST
FIRST, TWO THOUSAND TWENTY-ONE.
§ 3. This act shall take effect immediately.