NY State Senate Bill 2021-S461

Senate Bill S461

2021-2022 Legislative Session

Prohibits ear clipping and tail docking of dogs and cats unless deemed medically necessary to protect the life or health of the dog or cat

download bill text pdf

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to agriculture
Jan 06, 2021	referred to agriculture

2021-S461 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §365, add §365-a, Ag & Mkts L
Versions Introduced in 2019-2020 Legislative Session:: S4073

2021-S461 (ACTIVE) - Summary

Prohibits ear clipping and tail docking of dogs and cats unless deemed medically necessary to protect the life or health of the dog or cat.

2021-S461 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S461

SPONSOR: BIAGGI
 
TITLE OF BILL:

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

 
PURPOSE OF BILL:

To prohibit the ear clipping and tail docking of dogs and cats unless
deemed medically necessary to protect the life or health of the dog or
cat.

 
SUMMARY OF SPECIFIC PROVISIONS:

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 estab-
lish that ear clipping of a dog or cat is only permitted when a licensed
veterinarian deems it medically necessary to protect the life or health
of the dog or cat.

Section 2: The agriculture and markets law is amended by adding a new
section 365-a that will make the docking, or alteration, of dog or cat
tails or the assisting thereof - unlawful and punishable with a misde-
meanor and a fine of no more than $500, unless deemed medically neces-
sary to protect the life or health of the dog or cat by a licensed
veterinarian. Such provisions will not apply to persons whose dog or cat
had been certified as having been docked before the date of August 1,
2021.

Section 3: This act shall take effect immediately.

 
JUSTIFICATION:

The docking of dog and tails and ear clipping has recently become a
cosmetic process some owners undertake, according to the American Veter-
inary Medical Association. Similarly, cat tails are sometimes docked by
breeders to conform with certain breed standards. Licensed professionals
are vehemently against both actions since they are extremely painful to
the animal and there is no real reason to do it.  We must take steps to
prevent such animal cruelty, unless deemed absolutely necessary by a
licensed veterinarian.

 
LEGISLATIVE HISTORY:

2019-2020: A2764/S4073 - Died in Domestic Animal Welfare/Died in Agri-
culture

2018: A11328 - Died in Agriculture

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S461 (ACTIVE) - Bill Text download pdf

                            
 
                     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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.