The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6870
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2021
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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  stand-
   ards  of  care  for  animals  held in, or being transported by, animal
   shelters; to amend the general business law, in relation to pet  deal-
   ers;  to  amend  the state finance law, in relation to establishing an
   animal shelter regulation fund; and to repeal  certain  provisions  of
   the agriculture and markets law relating to pet dealers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative  intent.  The  department  of  agriculture  and
 markets  holds  statutory  responsibility for the oversight of municipal
 animal shelters and any duly incorporated humane society, duly  incorpo-
 rated  society for the prevention of cruelty to animals or duly incorpo-
 rated animal protective association providing contractual  animal  shel-
 tering services for local governments in this state. The department also
 holds  statutory  responsibility  for  registering not-for-profit animal
 shelters or rescue organizations as entities exempt from  licensure  and
 inspection  under the agency's pet dealer program. Currently however, no
 statutory facility or animal care standards exist in law to which  these
 organizations  must  conform  to  adequately and uniformly ensure animal
 health and wellbeing at and in transport to and  from  such  facilities.
 The  legislature  finds that the universe of entities harboring homeless
 dogs and cats in our communities and providing animal transport in-state
 and across state lines has evolved and grown exponentially over the past
 several decades, rendering the  existing  statutory  framework  for  the
 oversight of such entities deficient and benefiting neither the adoptive
 families  of  dogs  and  cats in need nor the organizations that work so
 diligently to find safe, loving homes for them.
   Therefore, it is the stated purpose of this legislation  to  establish
 responsible,  uniform  and  effective standards for the care of dogs and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09094-05-1

 S. 6870                             2
 
 cats in animal shelters as defined herein to  improve  state  oversight,
 ensure  public  trust  and  provide  for  increased protections for such
 animals while in the care of such facilities.
   §  2. The agriculture and markets law is amended by adding a new arti-
 cle 26-C to read as follows:
                               ARTICLE 26-C
                       REGULATION OF ANIMAL SHELTERS
 SECTION 420. DEFINITIONS.
         421. LICENSE REQUIRED AND INSPECTION OF FACILITIES.
         422. PERSONNEL TRAINING REQUIREMENTS.
         423. RECORDKEEPING AND PROTOCOLS.
         424. GENERAL FACILITY STANDARDS.
         425. ANIMAL HOUSING.
         426. SANITATION.
         427. SHELTER MANAGEMENT PROTOCOLS.
         428. ANIMAL HUSBANDRY.
         429. VETERINARY CARE.
         430. BEHAVIOR.
         431. TRANSPORTATION.
         432. FOSTER CARE PROVIDER REQUIREMENTS.
         433. VIOLATIONS.
         434. WAIVING OF REQUIREMENTS AUTHORIZED.
   § 420. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ADOPTION" MEANS THE TRANSFER OF LEGAL OWNERSHIP TO AND POSSESSION
 BY ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER,  FOR  THE  LIMITED
 PURPOSE OF HARBORING A PET, OF ANY DOG OR CAT, OWNED BY THE ANIMAL SHEL-
 TER REGARDLESS OF WHETHER A FEE IS INVOLVED.
   2.  "ADULT" SHALL MEAN CATS AND DOGS FIVE MONTHS OF AGE AND OLDER, FOR
 THE PURPOSES OF DETERMINING APPROPRIATE HOUSING WITHIN AN  ANIMAL  SHEL-
 TER.
   3.  "ANIMAL"  SHALL  MEAN A DOG OR CAT AS DEFINED IN THIS SECTION, BUT
 SHALL NOT BE CONSTRUED TO DIMINISH OR RESTRICT THE MISSION OF ANY ANIMAL
 SHELTER DEFINED IN THIS SECTION OR OTHER ENTITY DULY INCORPORATED PURSU-
 ANT TO SECTION FOURTEEN HUNDRED THREE OF THE NOT-FOR-PROFIT  CORPORATION
 LAW SOLELY TO THE CARE OF DOGS OR CATS.
   4.  "AIR  HANDLING  SYSTEM" SHALL MEAN THE DEVICE OR EQUIPMENT USED TO
 REGULATE, CIRCULATE, EXCHANGE, HEAT, AND/OR COOL THE AIR INSIDE A BUILD-
 ING.
   5. "AMBIENT TEMPERATURE" SHALL MEAN THE TEMPERATURE OF THE ENVIRONMENT
 INSIDE A ROOM OR BUILDING.
   6. "ANIMAL SHELTER" SHALL  MEAN  A  PUBLIC  OR  NOT-FOR-PROFIT  ENTITY
 OWNING,  OPERATING,  OR  OTHERWISE MAINTAINING A BUILDING, STRUCTURE, OR
 FACILITY WHERE TEMPORARY OR PERMANENT HOUSING AND CARE  IS  PROVIDED  TO
 STRAY, ABANDONED, ABUSED, SEIZED, IMPOUNDED, OWNER-SURRENDERED OR OTHER-
 WISE  UNWANTED  ANIMALS  REGARDLESS OF WHETHER OR NOT SUCH FACILITY ALSO
 SERVES AS A PERSONAL RESIDENCE. THIS INCLUDES BUT  IS  NOT  LIMITED  TO:
 FACILITIES OWNED, OPERATED, OR MAINTAINED BY A DULY INCORPORATED SOCIETY
 FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCI-
 ETY  DOG  OR  CAT  PROTECTIVE  ASSOCIATION,  OR POUND; ANY PERSON IN THE
 EMPLOY OF, OR ORGANIZATION OPERATED BY OR UNDER CONTRACT  TO  A  MUNICI-
 PALITY  TO  PROVIDE  CARE  FOR SEIZED OR IMPOUNDED ANIMALS; OR ANY OTHER
 NOT-FOR-PROFIT ORGANIZATION INVOLVED IN THE PROTECTION, CARE, OR  REHOM-
 ING  OF  ANIMALS.  UNLESS  OTHERWISE  PROVIDED IN THIS ARTICLE, THE TERM
 "ANIMAL SHELTER" SHALL NOT INCLUDE THE PERSONAL RESIDENCE OF ANY  FOSTER
 CARE PROVIDER AS DEFINED IN THIS SECTION; A FACILITY COMMONLY KNOWN AS A

 S. 6870                             3
 
 BOARDING  KENNEL,  WHERE THE OWNERSHIP OF THE ANIMAL IS NOT TRANSFERRED;
 ANY ENTITY LICENSED AS A PET DEALER PURSUANT TO ARTICLE TWENTY-SIX-A  OF
 THIS  CHAPTER;  ANY DULY INCORPORATED ANIMAL HOSPITAL OWNED, OPERATED OR
 SUPERVISED  BY  A  DULY LICENSED VETERINARIAN; OR ANY FACILITY WHERE THE
 OWNER OR OPERATOR IS LICENSED BY THE NEW YORK STATE DEPARTMENT OF  ENVI-
 RONMENTAL  CONSERVATION AS A NUISANCE WILDLIFE CONTROL AGENT OR WILDLIFE
 REHABILITATOR.
   7. "ASEPTIC" SHALL MEAN PROCEDURES OR TECHNIQUES PERFORMED IN A MANNER
 SUFFICIENT TO EXCLUDE HARMFUL BACTERIA, VIRUSES,  OR  OTHER  MICROORGAN-
 ISMS.
   8.  "BEHAVIORAL  EVALUATION"  SHALL  MEAN  AN ORDERED SERIES OF INTER-
 ACTIONS WITH AN ANIMAL TO DETERMINE THEIR BEHAVIORAL RESPONSE TO VARIOUS
 STIMULI LIKELY TO BE ENCOUNTERED IN A TYPICAL HOME ENVIRONMENT.
   9. "CAT" SHALL MEAN ANY MEMBER OF THE SPECIES FELIS CATUS,  REGARDLESS
 OF AGE, SEX, BREED, OWNERSHIP STATUS OR BEHAVIOR AROUND HUMANS.
   10.  "CHEMICAL CAPTURE" SHALL MEAN THE USE OF DRUGS ADMINISTERED TO AN
 ANIMAL BY A REMOTE DELIVERY SYSTEM IN ORDER TO  IMMOBILIZE  IT  FOR  THE
 PURPOSES OF CAPTURE.
   11.  "CLEANING"  SHALL MEAN THE PHYSICAL REMOVAL OF DEBRIS AND ORGANIC
 MATERIAL FROM AN ENVIRONMENT.
   12. "CONSPECIFIC" SHALL MEAN ANOTHER MEMBER OF THE SAME SPECIES.
   13. "CONTROL POLE" SHALL MEAN A RESTRAINT DEVICE CONSISTING OF A RIGID
 METAL POLE WITH AN ADJUSTABLE WIRE NOOSE USED FOR HANDLING AND RESTRAINT
 OF DOGS, ALSO COMMONLY REFERRED TO AS A CATCH POLE OR RABIES POLE.
   14. "DEATH", FOR THE PURPOSES OF  DESCRIBING  THE  DISPOSITION  OF  AN
 ANIMAL, SHALL MEAN THOSE ANIMALS WHO DIE BUT ARE NOT EUTHANIZED, REGARD-
 LESS OF CAUSE.
   15.  "DISINFECTION"  SHALL  MEAN  THE PROCESS WHERE MICROORGANISMS ARE
 KILLED OR INACTIVATED, TYPICALLY THROUGH THE APPLICATION OF  A  CHEMICAL
 OR BY SOME PHYSICAL PROCESS (E.G. STEAM, HEAT, ETC).
   16. "DOG" SHALL MEAN ANY MEMBER OF THE SPECIES CANIS LUPIS FAMILIARIS,
 REGARDLESS  OF  AGE,  SEX,  BREED,  OWNERSHIP STATUS, OR BEHAVIOR AROUND
 HUMANS.
   17. "DROP BOXES" SHALL MEAN UNATTENDED ENCLOSURES AT AN ANIMAL SHELTER
 THAT ARE ACCESSIBLE TO THE PUBLIC AND USED TO CONTAIN ANIMALS BROUGHT TO
 THE ANIMAL SHELTER OUTSIDE OF REGULAR BUSINESS HOURS.
   18. "ENCLOSURE" SHALL BE DEFINED AS AN AREA OF  CONFINEMENT  USED  FOR
 HOUSING  A  SINGLE ANIMAL OR GROUP OF ANIMALS HOUSED TOGETHER. AN ENCLO-
 SURE MAY BE A CAGE, RUN, KENNEL, ROOM, OR OTHER SUCH CONFINING AREA.
   19. "ENRICHED" SHALL MEAN ENVIRONMENT THAT REDUCES STRESS AND PROMOTES
 THE PHYSICAL HEALTH AND BEHAVIORAL WELL-BEING OF AN ANIMAL.
   20. "ENRICHMENT" SHALL MEAN A PROCESS FOR  IMPROVING  THE  ENVIRONMENT
 AND  BEHAVIORAL  CARE  OF CONFINED ANIMALS IN ORDER TO REDUCE STRESS AND
 IMPROVE WELL-BEING.  ENRICHMENT SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,
 PROVIDING  PHYSICAL  AND MENTAL STIMULATION, ENCOURAGING SPECIES-TYPICAL
 BEHAVIORS, AND MODIFYING THE ANIMAL'S HOUSING ENVIRONMENT.
   21. "FOSTER CARE  PROVIDER"  SHALL  MEAN  ANY  INDIVIDUAL  VOLUNTARILY
 PROVIDING  TEMPORARY  CARE  FOR  ONE  OR MORE ANIMALS IN THEIR HOME THAT
 REMAIN IN THE CUSTODY AND UNDER THE RESPONSIBILITY OF AN ANIMAL SHELTER.
   22. "INFECTIOUS DISEASE" SHALL MEAN A DISEASE OR CONDITION  CAUSED  BY
 BACTERIA,  VIRUSES, FUNGI OR PARASITES THAT CAN BE TRANSMITTED, DIRECTLY
 OR INDIRECTLY, FROM ONE ANIMAL OR INDIVIDUAL TO ANOTHER.
   23. "INTRACARDIAC" SHALL MEAN AN INJECTION MADE DIRECTLY INTO  ONE  OF
 THE CHAMBERS OF THE HEART.
   24. "INTRAHEPATIC" SHALL MEAN AN INJECTION MADE INTO THE LIVER.
   25. "INTRARENAL" SHALL MEAN AN INJECTION MADE INTO THE KIDNEY.

 S. 6870                             4
 
   26. "INTRASPLENIC" SHALL MEAN AN INJECTION MADE INTO THE SPLEEN.
   27.  "JUVENILE"  SHALL MEAN ANY CAT OR DOG BETWEEN TWO AND FIVE MONTHS
 OF AGE FOR THE PURPOSES OF DETERMINING  APPROPRIATE  HOUSING  WITHIN  AN
 ANIMAL SHELTER.
   28.  "LOSS"  FOR  THE  PURPOSES  OF  DESCRIBING  THE DISPOSITION OF AN
 ANIMAL, SHALL MEAN THOSE ANIMALS WHO ESCAPE OR GO MISSING WHILE  IN  THE
 CARE OF AN ANIMAL SHELTER.
   29.  "LONG-TERM  STAY"  SHALL  MEAN  ANY DURATION OF CARE IN AN ANIMAL
 SHELTER OF FOURTEEN DAYS OR LONGER.
   30. "NEONATE" SHALL MEAN ANY CAT OR DOG LESS THAN TWO MONTHS  OF  AGE,
 FOR  THE  PURPOSES  OF  DETERMINING APPROPRIATE HOUSING WITHIN AN ANIMAL
 SHELTER.
   31. "PATHOGEN" SHALL MEAN  A  BIOLOGIC  ORGANISM  CAPABLE  OF  CAUSING
 DISEASE IN AN ANIMAL, SUCH AS A BACTERIA, VIRUS, OR FUNGUS.
   32.  "PRIMARY  ENCLOSURE"  SHALL MEAN THE AREA OF CONFINEMENT USED FOR
 HOUSING AN ANIMAL AND WHERE THE ANIMAL SPENDS THE MAJORITY OF  ITS  TIME
 IN AN ANIMAL SHELTER.
   33. "THERMOREGULATION" SHALL MEAN THE ABILITY OF AN ANIMAL TO MAINTAIN
 ITS INTERNAL BODY TEMPERATURE WITHIN A NORMAL PHYSIOLOGIC RANGE.
   34. "TRANSPORT" SHALL MEAN THE PHYSICAL MOVEMENT OF AN ANIMAL FROM ONE
 LOCATION TO ANOTHER, REGARDLESS OF PURPOSE AND WHETHER OR NOT CUSTODY OR
 RESPONSIBILITY  FOR SUCH ANIMAL CHANGES AS A RESULT, WHEN CARRIED OUT BY
 THE SHELTER OR AN AGENT THEREOF.
   35. "TRANSFER" SHALL MEAN  THE  TRANSFER  OF  OWNERSHIP  AND  PHYSICAL
 CUSTODY  OF AN ANIMAL FOR AN ANIMAL'S CARE AND WELL-BEING FROM AN ANIMAL
 SHELTER TO ANOTHER ORGANIZATION AS AUTHORIZED  PURSUANT  TO  SUBDIVISION
 FIVE OF SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
   36.  "UNENVELOPED  VIRUS"  SHALL  MEAN  THOSE VIRUSES WITHOUT AN OUTER
 LIPID LAYER THAT ARE MORE DIFFICULT  TO  INACTIVATE  THROUGH  SANITATION
 PROCEDURES.    UNENVELOPED VIRUSES OF CONCERN IN AN ANIMAL SHELTER ENVI-
 RONMENT INCLUDE CANINE AND FELINE PARVOVIRUSES, FELINE CALICIVIRUS,  AND
 CANINE ADENOVIRUS-2.
   37.  "ZOONOTIC" SHALL MEAN ANY DISEASE THAT MAY BE TRANSMITTED BETWEEN
 HUMANS AND ANIMALS.
   § 421. LICENSE REQUIRED AND INSPECTION OF FACILITIES.  1.  ANY  PERSON
 ELIGIBLE  FOR  EXEMPTION  FROM  THE DEFINITION OF PET DEALER PURSUANT TO
 PARAGRAPHS (B) AND (C) OF SUBDIVISION FOUR OF SECTION  FOUR  HUNDRED  OF
 THIS  CHAPTER  SHALL  BE  LICENSED  BY  THE  DEPARTMENT  PURSUANT TO THE
 PROVISIONS OF THIS SECTION. NOTWITHSTANDING THE FOREGOING,  ANY  PERSON,
 OPERATING  AN  ANIMAL  SHELTER  ON  OR BEFORE THE EFFECTIVE DATE OF THIS
 SECTION, WHO HAS FILED AN APPLICATION FOR AN INITIAL LICENSE UNDER  THIS
 ARTICLE  IS  HEREBY AUTHORIZED TO OPERATE WITHOUT SUCH LICENSE UNTIL THE
 COMMISSIONER GRANTS OR, AFTER NOTICE OF  AN  OPPORTUNITY  TO  BE  HEARD,
 DECLINES  TO  GRANT  SUCH LICENSE. EACH APPLICATION FOR LICENSE SHALL BE
 MADE ON A FORM SUPPLIED BY THE DEPARTMENT AND SHALL CONTAIN SUCH  INFOR-
 MATION  AS  REQUIRED  BY THE COMMISSIONER. RENEWAL APPLICATIONS SHALL BE
 SUBMITTED TO  THE  COMMISSIONER  AT  LEAST  THIRTY  DAYS  PRIOR  TO  THE
 COMMENCEMENT OF THE NEXT LICENSE YEAR.
   2.  APPLICATION  FOR  LICENSURE  AS SET FORTH IN THIS SECTION SHALL BE
 MADE ANNUALLY TO THE COMMISSIONER ON A FORM PRESCRIBED  BY  THE  COMMIS-
 SIONER.  SUCH  FORM  SHALL  INCLUDE  BUT NOT BE LIMITED TO THE FOLLOWING
 INFORMATION, PROVIDED HOWEVER THAT PARAGRAPHS (A), (B) AND (C)  OF  THIS
 SUBDIVISION  SHALL  NOT APPLY TO MUNICIPAL POUNDS OR SHELTERS AS DEFINED
 IN PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION  FOUR  HUNDRED  OF  THIS
 CHAPTER:

 S. 6870                             5
 
   (A)  PROOF OF THE APPLICANT'S TAX EXEMPT DESIGNATION PURSUANT TO PARA-
 GRAPH 3 OF SUBSECTION (C) OF SECTION 501 OF THE FEDERAL INTERNAL REVENUE
 CODE, 26 U.S.C. 501, OR ANY SUBSEQUENT  CORRESPONDING  SECTIONS  OF  THE
 FEDERAL INTERNAL REVENUE CODE, AS FROM TIME TO TIME AMENDED;
   (B)  PROOF OF THE APPLICANT'S INCORPORATION AS A NOT-FOR-PROFIT ORGAN-
 IZATION IN THIS STATE PURSUANT TO THE  NOT-FOR-PROFIT  CORPORATION  LAW,
 PROVIDED  FURTHER  THAT  SUCH  ORGANIZATION IS IN GOOD STANDING WITH THE
 ATTORNEY GENERAL AND THE DEPARTMENT OF STATE;
   (C) PROOF OF THE APPLICANT'S REGISTRATION WITH  THE  ATTORNEY  GENERAL
 PURSUANT TO ARTICLE SEVEN-A OF THE EXECUTIVE LAW;
   (D)  IF  THE  APPLICANT  IS A MUNICIPAL POUND OR SHELTER AS DEFINED IN
 PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED OF THIS  CHAP-
 TER, A COPY OF THE APPLICANT'S EMPLOYER IDENTIFICATION NUMBER;
   (E)  THE  NAME  OF THE APPLICANT AND THE NAME OR NAMES UNDER WHICH THE
 APPLICANT OFFERS ITS SERVICES TO THE PUBLIC, ANY NAME  UNDER  WHICH  THE
 APPLICANT  HAS  OFFERED SUCH SERVICES TO THE PUBLIC DURING THE PAST FIVE
 YEARS, AND WHETHER THE APPLICANT HAS EVER  HELD  A  PET  DEALER  LICENSE
 ISSUED PURSUANT TO ARTICLE TWENTY-SIX-A OF THIS CHAPTER;
   (F)  THE  ADDRESS  AND  TELEPHONE  NUMBER OF THE APPLICANT AND FOR ANY
 OTHER PREMISES OWNED OR LEASED BY SUCH APPLICANT'S ORGANIZATION TO CARRY
 OUT THE PURPOSES FOR WHICH IT WAS INCORPORATED AND BY WHICH IT IS ELIGI-
 BLE FOR A LICENSING EXEMPTION PURSUANT TO  PARAGRAPHS  (B)  AND  (C)  OF
 SUBDIVISION FOUR OF SECTION FOUR HUNDRED OF THIS CHAPTER;
   (G) THE WEBSITE AND EMAIL ADDRESS OF THE APPLICANT;
   (H)  THE NUMBER OF ANIMALS TAKEN IN, ADOPTED, PLACED INTO PERMANENT OR
 TEMPORARY HOMES, OR OTHERWISE TRANSFERRED INTO, OUT OF,  OR  WITHIN  THE
 STATE BY THE APPLICANT DURING THE PRIOR CALENDAR YEAR;
   (I) THE NUMBER OF ANIMALS CURRENTLY HARBORED BY THE APPLICANT;
   (J)  THE  SPECIES  OF  ANIMAL  THE  APPLICANT  TYPICALLY  HARBORS  FOR
 ADOPTION, PLACEMENT OR TRANSFER;
   (K) A DESCRIPTION OF FACILITIES BY WHICH THE APPLICANT CARRIES OUT THE
 PURPOSES FOR WHICH IT WAS INCORPORATED, INCLUDING A STATEMENT  REGARDING
 WHETHER  THE  APPLICANT HARBORS THE ANIMALS IN ITS CARE IN ITS OWN PHYS-
 ICAL ANIMAL SHELTER OR UTILIZES FOSTER CARE PROVIDER  HOMES,  COMMERCIAL
 BOARDING KENNELS OR OTHER ARRANGEMENTS;
   (L) A SWORN STATEMENT, SIGNED BY THE APPLICANT, DECLARING AN EXEMPTION
 FROM  THE  DEFINITION  OF PET DEALER PURSUANT TO SECTION FOUR HUNDRED OF
 THIS CHAPTER;
   (M) CURRENT TRAINING PROTOCOL AND PROCEDURAL PRACTICES  AS  PRESCRIBED
 PURSUANT  TO  SECTIONS  FOUR HUNDRED TWENTY-TWO AND FOUR HUNDRED TWENTY-
 THREE OF THIS ARTICLE; AND
   (N) OTHER INFORMATION AS DEEMED NECESSARY TO SATISFY THE  COMMISSIONER
 OF THE APPLICANT'S CHARACTER AND RESPONSIBILITY.
   3.  THE  COMMISSIONER  SHALL  CONDUCT AN INSPECTION OF THE APPLICANT'S
 FACILITIES PRIOR TO THE ISSUANCE OF A LICENSE PURSUANT TO THIS  SECTION,
 AND  ANNUAL  INSPECTIONS OF THE APPLICANT'S FACILITIES LICENSED PURSUANT
 TO THIS SECTION PRIOR TO RENEWAL OF SUCH LICENSE. THE  COMMISSIONER  MAY
 PERIODICALLY  CONDUCT  UNANNOUNCED  INSPECTIONS  OF SUCH FACILITIES, AND
 WHENEVER, IN THE DISCRETION OF THE COMMISSIONER,  A  COMPLAINT  WARRANTS
 SUCH  INVESTIGATION.   ANIMAL SHELTERS LICENSED PURSUANT TO THIS SECTION
 SHALL PROVIDE OPEN HOURS TO THE COMMISSIONER  SO  THAT  INSPECTIONS  CAN
 OCCUR IN A TIMELY MANNER. RENEWAL OF AN ANIMAL SHELTER LICENSE SHALL NOT
 BE  GRANTED  UNTIL  ALL  OUTSTANDING  VIOLATIONS ISSUED PURSUANT TO THIS
 ARTICLE ARE CORRECTED AND ANY OUTSTANDING  MONETARY  PENALTIES  ASSESSED
 PURSUANT TO THIS ARTICLE ARE PAID IN FULL.

 S. 6870                             6
 
   4.  UPON  VALIDATION BY THE COMMISSIONER, THE APPLICATION SHALL BECOME
 THE LICENSE OF THE ANIMAL SHELTER AND AN EXEMPTION FROM  THE  DEFINITION
 OF  PET  DEALER AS DEFINED IN SECTION FOUR HUNDRED OF THIS CHAPTER SHALL
 BE GRANTED. THE COMMISSIONER SHALL RETAIN A COPY  OF  SUCH  LICENSE  AND
 PROVIDE  A  COPY  OF THE LICENSE TO THE ANIMAL SHELTER.  ANIMAL SHELTERS
 LICENSED PURSUANT TO THIS  SECTION  SHALL  CONSPICUOUSLY  DISPLAY  THEIR
 LICENSE ON THE PREMISES WHERE ITS ANIMALS ARE HARBORED. THE COMMISSIONER
 SHALL  ALSO PROVIDE THE LICENSEE WITH A PET DEALER EXEMPTION IDENTIFICA-
 TION NUMBER. THE LICENSEE'S PET DEALER EXEMPTION  IDENTIFICATION  NUMBER
 SHALL BE PROMINENTLY DISPLAYED ON THE LICENSEE'S WEBSITES AND ANY PUBLI-
 CATIONS OR ADVERTISEMENTS MADE AVAILABLE TO THE PUBLIC.
   5.  SUCH  LICENSE  SHALL  BE RENEWABLE ANNUALLY, UPON THE PAYMENT OF A
 NONREFUNDABLE FEE OF ONE HUNDRED FIFTY DOLLARS.
   6. THE MONEYS RECEIVED BY THE COMMISSIONER PURSUANT  TO  THIS  SECTION
 SHALL  BE  DEPOSITED IN THE "ANIMAL SHELTER REGULATION FUND" ESTABLISHED
 PURSUANT TO SECTION NINETY-NINE-NN OF THE STATE FINANCE LAW.
   7. THE COMMISSIONER MAY DECLINE TO GRANT OR RENEW, OR MAY  SUSPEND  OR
 REVOKE  AN  ANIMAL  SHELTER LICENSE, ON ANY ONE OR MORE OF THE FOLLOWING
 GROUNDS, PROVIDED THAT BEFORE ANY  OF  THE  AFOREMENTIONED  ACTIONS  ARE
 TAKEN  PURSUANT  TO THIS SECTION, THE COMMISSIONER SHALL HOLD A HEARING,
 UPON DUE NOTICE TO THE  LICENSEE  IN  ACCORDANCE  WITH  ANY  REGULATIONS
 PROMULGATED  BY THE DEPARTMENT AND IN ACCORDANCE WITH ARTICLES THREE AND
 FOUR OF THE STATE ADMINISTRATIVE PROCEDURE  ACT,  AND  PROVIDED  FURTHER
 THAT  ANY  ACTION OF THE COMMISSIONER IS SUBJECT TO JUDICIAL REVIEW IN A
 PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE  CIVIL  PRACTICE  LAW  AND
 RULES:
   (A) MATERIAL MISSTATEMENT IN THE LICENSE APPLICATION;
   (B)  MATERIAL  MISSTATEMENT IN OR FALSIFICATION OF RECORDS REQUIRED TO
 BE KEPT PURSUANT TO THIS ARTICLE, OR UNDER  ANY  REGULATION  PROMULGATED
 THEREUNDER,  OR  FAILURE TO ALLOW THE COMMISSIONER TO INSPECT RECORDS OF
 ANIMAL SHELTER FACILITIES;
   (C) VIOLATION OF ANY PROVISION OF THIS  ARTICLE  OR  CONVICTION  OF  A
 VIOLATION  OF  ANY  PROVISION  OF  ARTICLE TWENTY-SIX OF THIS CHAPTER OR
 REGULATIONS PROMULGATED THEREUNDER PERTAINING  TO  HUMANE  TREATMENT  OF
 ANIMALS,  CRUELTY  TO  ANIMALS,  ENDANGERING  THE  LIFE  OR HEALTH OF AN
 ANIMAL, OR VIOLATION OF ANY FEDERAL, STATE, OR LOCAL LAW  PERTAINING  TO
 THE  CARE,  TREATMENT,  SALE,  POSSESSION, OR HANDLING OF ANIMALS OR ANY
 REGULATION OR RULE RELATING TO THE ENDANGERMENT OF THE LIFE OR HEALTH OF
 AN ANIMAL;
   (D) FAILURE TO COMPLY WITH ANY OF THE PROVISIONS OF  THIS  ARTICLE  OR
 THE  LICENSING  EXEMPTION  REQUIREMENTS  OF SECTION FOUR HUNDRED OF THIS
 CHAPTER; 1 NYCRR PART 65 REGARDING THE IMPORTATION  OF  DOGS  AND  CATS;
 SECTION  TWENTY-ONE  HUNDRED  FORTY-ONE  OF THE PUBLIC HEALTH LAW OR ANY
 RULE OR REGULATION PROMULGATED THEREUNDER; OR  ANY  RULE  OR  REGULATION
 PROMULGATED  BY  THE  COMMISSIONER  FOLLOWING THE EFFECTIVE DATE OF THIS
 ARTICLE TO EFFECTUATE THE PURPOSES OF THIS ARTICLE;
   (E) FAILURE TO RENEW A LICENSE WITHIN THE PERIOD PRESCRIBED IN  SUBDI-
 VISION ONE OF THIS SECTION; OR
   (F) THE APPLICANT OR REGISTRANT WAS PREVIOUSLY LICENSED AS A PET DEAL-
 ER PURSUANT TO ARTICLE TWENTY-SIX-A OF THIS CHAPTER.
   §  422.  PERSONNEL  TRAINING  REQUIREMENTS.  1.  EACH  ANIMAL  SHELTER
 LICENSED PURSUANT TO THIS ARTICLE SHALL PROVIDE TRAINING  TO  ALL  STAFF
 MEMBERS  AND VOLUNTEERS HAVING DIRECT ANIMAL CARE RESPONSIBILITIES. SUCH
 TRAINING SHALL BE PROVIDED WITHIN THE FIRST SIXTY DAYS OF EMPLOYMENT AND
 AT LEAST ANNUALLY THEREAFTER AND SHALL BE IN ADDITION  TO  ANY  AND  ALL

 S. 6870                             7
 
 TRAINING  OTHERWISE  REQUIRED  BY  FEDERAL, STATE, OR LOCAL LAW OR REGU-
 LATION.
   2.  ACCEPTABLE  TRAINING  MODALITIES SHALL INCLUDE, BUT NOT BE LIMITED
 TO, ONLINE WEBINARS, ON-SITE LECTURES OR SEMINARS, OFF-SITE  CONFERENCES
 FOR ANIMAL SHELTER STAFF, OR OTHER FORMAL TRAINING MODALITIES AS AUTHOR-
 IZED BY THE COMMISSIONER.
   3.  TRAINING  TOPICS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOW-
 ING:
   (A) HUMANE HANDLING TECHNIQUES;
   (B) INFECTIOUS DISEASES COMMONLY FOUND IN ANIMAL SHELTERS;
   (C) ZOONOTIC DISEASES;
   (D) ANIMAL CRUELTY;
   (E) SANITATION PROCEDURES;
   (F) BODY LANGUAGE AND  NORMAL  BEHAVIORS  FOR  ALL  SPECIES  REGULARLY
 HANDLED; AND
   (G) REQUIRED DOCUMENTATION AND DATA ENTRY.
   4. COMPLETE DOCUMENTATION OF TRAINING SESSIONS SHALL BE MAINTAINED FOR
 A  PERIOD  OF  NOT  LESS  THAN  THREE  YEARS  FROM  THE DATE OF TRAINING
 COMPLETION. SUCH DOCUMENTATION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
 FOLLOWING:
   (A) THE DATE OF TRAINING DELIVERY AND THE DATE OF COMPLETION;
   (B) THE TOPIC OR TOPICS OF THE TRAINING SESSION; AND
   (C) THE PROVIDER OF THE TRAINING AND A LIST OF TRAINING COURSE ATTEND-
 EES.
   § 423. RECORDKEEPING AND PROTOCOLS. 1. EACH ANIMAL SHELTER SHALL EXAM-
 INE AN ANIMAL UPON INTAKE FOR UNIQUE IDENTIFIERS AND ANY OTHER  FORM  OF
 IDENTIFICATION  THAT  MAY  ALLOW  FOR  REUNIFICATION  WITH  AN OWNER, AS
 PRESCRIBED IN SECTIONS ONE HUNDRED SEVENTEEN AND THREE  HUNDRED  EIGHTY-
 TWO OF THIS CHAPTER.
   2.  EACH  ANIMAL  SHELTER  SHALL CREATE AND MAINTAIN A RECORD FOR EACH
 ANIMAL IN THEIR CUSTODY OR POSSESSION WHICH SHALL MINIMALLY INCLUDE:
   (A) UNIQUE IDENTIFIERS AND ANY OTHER  IDENTIFICATION  ASSOCIATED  WITH
 THE  ANIMAL  UPON  EXAMINATION  AT ENTRY, INCLUDING BUT NOT LIMITED TO A
 TATTOO, A PERMANENT OFFICIAL  IDENTIFICATION  NUMBER  AS  PRESCRIBED  IN
 SECTION ONE HUNDRED TWELVE OF THIS CHAPTER OR OTHER IDENTIFICATION TAGS,
 RABIES TAGS AND NUMBERS, OR A MICROCHIP NUMBER, IF PRESENT;
   (B)  THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE PERSON SURRENDERING
 AN ANIMAL OR FROM WHOM AN  ANIMAL  IS  SEIZED,  AND  ADDITIONAL  CONTACT
 INFORMATION  AS  THE  COMMISSIONER MAY REQUIRE, OR THE ADDRESS OR CROSS-
 STREETS AND CITY, TOWN, OR VILLAGE WHERE THE ANIMAL WAS LOCATED OR FOUND
 PRIOR TO INTAKE, IF KNOWN;
   (C) THE DATE OF INTAKE INTO AND DEPARTURE FROM THE ANIMAL SHELTER;
   (D) WHETHER THE ANIMAL  WAS  ADOPTED,  TRANSFERRED,  REDEEMED  BY  ITS
 OWNER,  DIED  OR  WAS HUMANELY EUTHANIZED, AND, IF APPLICABLE, THE NAME,
 ADDRESS, AND PHONE NUMBER OF THE RECEIVING INDIVIDUAL OR AGENCY;
   (E)  BASIC  DESCRIPTORS  INCLUDING  SPECIES,  AGE,  GENDER,   PHYSICAL
 DESCRIPTION  INCLUDING  COLOR, AND THE SPAY OR NEUTER STATUS AT ENTRY IF
 DETERMINABLE WITH REASONABLE CERTAINTY;
   (F) ANY AVAILABLE BEHAVIORAL OR HEALTH HISTORY OR  INFORMATION  OTHER-
 WISE  OBTAINED  AT INTAKE, INCLUDING BITE HISTORY AND RABIES VACCINATION
 STATUS, WHEN KNOWN; AND
   (G) ALL VETERINARY AND  BEHAVIORAL  EXAMINATIONS,  TREATMENTS,  PROCE-
 DURES,  OR MEDICATIONS OCCURRING DURING THE ANIMAL'S TIME UNDER THE CARE
 OF THE SHELTER.

 S. 6870                             8

   3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  OR  REGULATION  TO  THE
 CONTRARY,  RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR NOT LESS THAN
 THREE YEARS FROM THE DATE OF ANIMAL DEPARTURE.
   4.  PREVIOUS  BITE  HISTORY  SHALL BE FULLY DISCLOSED IN WRITING TO AN
 ADOPTER, TRANSFER PARTNER, OR  RECLAIMING  OWNER  AND  PROVIDED  IN  ANY
 REPORTS REGARDING THE ANIMAL, AS APPLICABLE.
   5.  NOTHING  IN  THIS  SECTION  SHALL  PRECLUDE OR OTHERWISE SUPERSEDE
 RECORD DISCLOSURE REQUIREMENTS PRESCRIBED IN SECTION SIXTY-SEVEN HUNDRED
 FOURTEEN  OF  THE  EDUCATION  LAW,  OR  ANY  REQUIREMENT  REGARDING  THE
 CREATION,  MAINTENANCE,  OR  RETENTION  OF VETERINARY MEDICAL RECORDS IN
 STATE OR FEDERAL LAW OR VETERINARY PRACTICE GUIDELINE.
   6. EACH ANIMAL SHELTER SHALL  MAINTAIN  A  RECORD  OF  ITS  DESIGNATED
 FOSTER  CARE  PROVIDERS  THAT SHALL INCLUDE THE WRITTEN AGREEMENT ESTAB-
 LISHED BETWEEN SUCH  ANIMAL  SHELTER  AND  SUCH  PROVIDERS  PURSUANT  TO
 SECTION  FOUR  HUNDRED THIRTY-TWO OF THIS ARTICLE, EACH PROVIDER'S NAME,
 ADDRESS, TELEPHONE NUMBER, EMAIL ADDRESS IF AVAILABLE, TYPES OF  ANIMALS
 FOR  WHICH  THE PROVIDER IS WILLING TO PROVIDE CARE, INSPECTION REPORTS,
 AND CURRENT NUMBER OF ANIMALS IN THE CARE OF A  DESIGNATED  FOSTER  CARE
 PROVIDER.  SUCH  RECORDS  SHALL  BE UPDATED IMMEDIATELY IN THE EVENT ANY
 CONTACT INFORMATION FOR A GIVEN FOSTER CARE PROVIDER CHANGES.
   7. EACH ANIMAL SHELTER SHALL MAINTAIN SUMMARY RECORDS OF  THEIR  TOTAL
 ANNUAL  ANIMAL  INTAKE AND DISPOSITIONS BY SPECIES, BY SOURCE OF INTAKE,
 AND BY TYPE OF DISPOSITION. SUCH RECORDS SHALL BE MADE AVAILABLE TO  THE
 COMMISSIONER  UPON  REQUEST.  THE  COMMISSIONER  SHALL MAKE SUCH RECORDS
 AVAILABLE TO THE PUBLIC UPON REQUEST PURSUANT  TO  ARTICLE  SIX  OF  THE
 PUBLIC OFFICERS LAW.
   8.  EACH  ANIMAL  SHELTER SHALL DEVELOP AND MAINTAIN WRITTEN PROTOCOLS
 SUFFICIENTLY DETAILED TO ACHIEVE AND MAINTAIN THE  STANDARDS  PRESCRIBED
 IN THIS SECTION. THESE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOW-
 ING:
   (A) ANIMAL HANDLING;
   (B) BEHAVIORAL ASSESSMENT;
   (C) ENRICHMENT AND STRESS REDUCTION;
   (D) MANAGEMENT OF BITE/SCRATCH CASES; AND
   (E) SANITATION.
   9.  EACH  ANIMAL SHELTER SHALL ALSO DEVELOP AND MAINTAIN THE FOLLOWING
 WRITTEN PROTOCOLS, APPROVED BY A DULY LICENSED VETERINARIAN  AND  SUFFI-
 CIENTLY  DETAILED  TO  ACHIEVE  AND MAINTAIN THE STANDARDS PRESCRIBED IN
 THIS ARTICLE:
   (A) NUTRITION AND FEEDING;
   (B) PHYSICAL EXAMINATION;
   (C) EMERGENCY VETERINARY CARE;
   (D) PAIN MANAGEMENT;
   (E) VACCINATIONS;
   (F) PARASITE CONTROL;
   (G) ANESTHESIA AND SURGERY, IF PERFORMED ON-SITE BY THE ORGANIZATION;
   (H) HUMANE EUTHANASIA; AND
   (I) OUTBREAK MANAGEMENT/CONTROL OF INFECTIOUS DISEASES.
   10. PROTOCOLS ESTABLISHED BY EACH  ANIMAL  SHELTER  PURSUANT  TO  THIS
 SECTION  SHALL  BE  REVIEWED ANNUALLY AND UPDATED AS NECESSARY BY DESIG-
 NATED ADMINISTRATIVE AND MANAGERIAL STAFF. SUCH PROTOCOLS SHALL BE  MADE
 READILY ACCESSIBLE TO APPROPRIATE STAFF AND VOLUNTEERS.
   §  424. GENERAL FACILITY STANDARDS. 1. ALL FACILITIES AND ALL INTERIOR
 COMPONENTS OF EACH ANIMAL SHELTER SHALL BE CONSTRUCTED OF MATERIALS THAT
 ENSURE A SOUND PHYSICAL STRUCTURE, AND SHALL  BE  MAINTAINED  SO  AS  TO
 PROTECT  ANIMALS  FROM  INJURY, ENSURE CONTAINMENT OF ANIMALS WITHIN THE

 S. 6870                             9
 
 PROPERTY, AND RESTRICT UNAUTHORIZED ENTRY OF OTHER ANIMALS AND HUMANS TO
 THE BUILDING.
   2.  INDOOR  BUILDING  SURFACES IN DIRECT CONTACT WITH ANIMALS SHALL BE
 CONSTRUCTED OF MATERIALS THAT ARE NON-POROUS, WATER RESISTANT, NON-TOXIC
 AND ABLE TO WITHSTAND REGULAR CLEANING AND DISINFECTION. ADEQUATE DRAIN-
 AGE SHALL PREVENT THE ACCUMULATION OF WATER OR OTHER LIQUIDS ON FLOORS.
   3. ELECTRICAL POWER AND RUNNING WATER SHALL BE MAINTAINED TO ALL PARTS
 OF THE FACILITY THAT HOUSE ANIMALS, WITH  WRITTEN  EMERGENCY  PLANS  FOR
 BACK-UP  SOURCES  OR  RELOCATION OF THE ANIMALS TO A SAFE ENVIRONMENT IN
 THE EVENT OF OUTAGES LASTING MORE THAN FOUR HOURS.
   4. READILY ACCESSIBLE SINKS SHALL BE CONVENIENT  TO  ALL  ANIMAL  CARE
 AREAS.  SINGLE  SERVICE SOAP AND TOWELS OR ELECTRIC HAND DRYERS SHALL BE
 AVAILABLE AT ALL HAND-WASHING LOCATIONS.
   5. AMBIENT TEMPERATURES IN ALL INDOOR ANIMAL HOUSING  AREAS  SHALL  BE
 ROUTINELY MAINTAINED BETWEEN SIXTY AND EIGHTY DEGREES FAHRENHEIT.
   6.  EACH  ANIMAL  SHALL  BE MONITORED AND PROVIDED WITH AN ENVIRONMENT
 ALLOWING MAINTENANCE OF NORMAL BODY TEMPERATURE BASED ON SPECIES, BREED,
 BODY CONDITION, MEDICAL CONDITION, AND AGE.
   7. EACH ANIMAL SHELTER  SHALL  DOCUMENT  REGULAR  MAINTENANCE  OF  AIR
 HANDLING SYSTEMS ACCORDING TO THE MANUFACTURER'S RECOMMENDATIONS.
   8. AMMONIA LEVELS SHALL BE KEPT AT LESS THAN TWO PARTS PER MILLION.
   9.  EACH  ANIMAL  SHELTER SHALL PROVIDE SEPARATE HOUSING AREAS, SEGRE-
 GATED BY SPECIES AND FROM UNINFECTED, UNEXPOSED ANIMALS, FOR THE HOUSING
 OF ANY ANIMAL WITH AN INFECTIOUS DISEASE THAT MAY BE TRANSMITTED  WITHIN
 THE  SHELTER  ENVIRONMENT  AND  REQUIRING  ISOLATION  AS DETERMINED BY A
 LICENSED VETERINARIAN. DOORS SEPARATING SUCH ROOMS FROM THE REMAINDER OF
 THE FACILITY SHALL BE KEPT CLOSED.
   10. EACH ANIMAL SHELTER SHALL MINIMIZE CONTINUOUS EXPOSURE OF  PERSON-
 NEL  AND  ANIMALS TO SOUND LEVELS EXCEEDING EIGHTY-FIVE DECIBELS. ACTIVE
 MEASURES SHALL BE TAKEN AND DOCUMENTED TO MINIMIZE SOUND LEVELS IN HOUS-
 ING AREAS. SUCH MEASURES MAY INCLUDE MODIFIED KENNEL DESIGN,  RELOCATION
 OF PARTICULARLY LOUD ANIMALS, OR USE OF VISUAL BARRIERS, SOUND BAFFLING,
 AND  BEHAVIORAL  ENRICHMENT  PROTOCOLS.  EACH ANIMAL SHELTER SHALL USE A
 DECIBEL-METER AT A MINIMUM OF ONCE WEEKLY TO MEASURE THE LEVEL OF  SOUND
 IN  THEIR  KENNELS  DURING  CLEANING AND RESTING TIMES. A RECORD OF SUCH
 MEASUREMENTS AND THE DATE SUCH MEASUREMENTS WERE RECORDED SHALL BE MAIN-
 TAINED BY EACH ANIMAL SHELTER.
   11. EACH ANIMAL  SHELTER  SHALL  PROVIDE  ANIMAL  HOUSING  AREAS  THAT
 PROVIDE  ADEQUATE  LIGHTING AND A MEANS TO MAINTAIN DIURNAL LIGHT CYCLES
 PURSUANT TO AN ESTABLISHED SCHEDULE.  ALL ANIMALS SHALL HAVE  A  MINIMUM
 OF  EIGHT  HOURS  EACH  OF  LIGHT AND DARKNESS WITHIN A TWENTY-FOUR-HOUR
 CYCLE.
   12. EACH ANIMAL SHELTER SHALL ESTABLISH AND MAINTAIN  A  WRITTEN  PLAN
 FOR PEST AND VERMIN CONTROL INCLUDING THE FOLLOWING:
   (A)  METHOD  OF  CONTROLLING  RODENT INFESTATION THAT IS EFFECTIVE AND
 SAFE FOR BOTH HUMANS, AND ANIMALS HOUSED IN THE FACILITY;
   (B) A RECORD OR COPIES OF SERVICE REPORTS FROM OUTSIDE SERVICE PROVID-
 ERS RELATED TO PEST AND VERMIN CONTROL THAT  DOCUMENTS  DATES,  METHODS,
 LOCATIONS, AND OUTCOMES, IF APPLICABLE; AND
   (C)  FOOD  STORED  IN  RODENT  PROOF  CONTAINERS  TO PREVENT SPOILAGE,
 CONTAMINATION, AND  INFESTATION  ONCE  OPENED,  IF  PACKAGING  HAS  BEEN
 DAMAGED, OR AS OTHERWISE REQUIRED BY SUCH PLAN.
   13.  THE USE OF UNATTENDED DROP BOXES FOR INTAKE OF ANIMALS IS PROHIB-
 ITED.

 S. 6870                            10
 
   § 425. ANIMAL HOUSING. 1. EACH LICENSED ANIMAL SHELTER  SHALL  PROVIDE
 EACH  ANIMAL IN ITS CUSTODY OR POSSESSION WITH A SUITABLE PRIMARY ENCLO-
 SURE THAT MEETS THE REQUIREMENTS PRESCRIBED IN THIS SECTION.
   2.  UNSUPERVISED  TETHERING  FOR  PERIODS  EXCEEDING THIRTY MINUTES IS
 PROHIBITED.
   3. ANIMAL HOUSING SHALL MEET THE FOLLOWING REQUIREMENTS:
   (A) MATERIALS  USED  IN  HOUSING  CONSTRUCTION  SHALL  BE  NON-POROUS,
 WATER-RESISTANT,  NON-TOXIC,  AND ABLE TO WITHSTAND REGULAR CLEANING AND
 DISINFECTION;
   (B) DRAINAGE SHALL PREVENT ACCUMULATION OF WATER OR OTHER  LIQUIDS  ON
 FLOORS; AND
   (C) HOUSING SHALL BE STRUCTURALLY SOUND, IN GOOD REPAIR AND MAINTAINED
 IN  A SAFE, WORKING CONDITION TO PROPERLY CONFINE ANIMALS, PREVENT INJU-
 RY, KEEP ANIMALS SAFE FROM PREDATION, KEEP OTHER ANIMALS OUT, AND  ALLOW
 ANIMALS TO REMAIN DRY AND CLEAN.
   4.  WIRE  OR  SLAT-BOTTOM  CAGES ARE PROHIBITED UNLESS A SOLID TRAY IS
 PROVIDED FOR THE CAGE BOTTOM TO PREVENT INJURY TO THE ANIMAL.
   5. ANIMAL POPULATIONS SHALL BE SEGREGATED APPROPRIATELY, IN ACCORDANCE
 WITH THE FOLLOWING REQUIREMENTS:
   (A) DOGS AND CATS SHALL BE HOUSED IN SEPARATE ROOMS WITH EFFORTS  MADE
 TO  MINIMIZE  THE  EXPOSURE OF CATS TO THE BARKING OF DOGS TO THE EXTENT
 PRACTICABLE;
   (B) ANIMALS OF THE SAME SPECIES SHALL BE SEPARATED BY AGE GROUPS (E.G.
 NEONATES AND JUVENILES; ADULTS)  EXCEPT  THAT  NURSING  ANIMALS  MAY  BE
 HOUSED WITH THEIR OFFSPRING;
   (C)  ANIMALS  WITH  KNOWN  OR  SUSPECTED  INFECTIOUS DISEASES SHALL BE
 HOUSED IN ISOLATION AREAS AS PRESCRIBED IN SUBDIVISION NINE  OF  SECTION
 FOUR HUNDRED TWENTY-FOUR OF THIS ARTICLE;
   (D)  NOTHING  IN  THIS  SUBDIVISION  SHALL BE CONSTRUED TO PREVENT THE
 TEMPORARY HOUSING OF ANIMALS  IN  AREAS  WITHOUT  SUCH  SEGREGATION  FOR
 MEDICAL CARE AND IN PRE- AND POST-OPERATIVE SURGICAL AREAS.
   6.  WELL-SOCIALIZED,  HEALTHY  ANIMALS  MAY BE HOUSED WITH ONE OR MORE
 CONSPECIFICS.   ANIMALS HOUSED TOGETHER SHALL  BE  COMPATIBLE  AND  HAVE
 SIMILAR  ENVIRONMENTAL  REQUIREMENTS. SUCH HOUSING SHALL NOT ALLOW EXPO-
 SURE TO NUMEROUS DIFFERENT ANIMALS ON A FREQUENTLY CHANGING BASIS.
   7. PRIOR TO BEING HOUSED WITH ONE OR MORE OTHER ANIMALS THE  FOLLOWING
 CONDITIONS SHALL APPLY:
   (A)  ALL  ANIMALS  ARE  VACCINATED  AND DEWORMED AGAINST THE PATHOGENS
 SPECIFIED IN SECTION FOUR HUNDRED TWENTY-NINE OF THIS ARTICLE;
   (B) PHYSICAL EXAMINATIONS VERIFYING THE ABSENCE OF CLINICAL  SIGNS  OF
 INFECTIOUS DISEASES HAVE BEEN PERFORMED;
   (C)  SURGICAL  STERILIZATION  OR HOUSING IN SAME-SEX GROUPINGS, EXCEPT
 LITTERMATES UNDER TWELVE WEEKS OF AGE; AND
   (D) THE ANIMAL HAS A COLLAR OR TAG TO  FACILITATE  VISUAL  IDENTIFICA-
 TION,  UNLESS  THE ANIMAL'S AGE OR CONDITION IS SUCH THAT APPLICATION OF
 VISUAL IDENTIFICATION IS NOT PRACTICABLE OR WOULD BE DETRIMENTAL TO  THE
 ANIMAL'S HEALTH.
   8.  ANIMALS THAT ARE POORLY SOCIALIZED, FEARFUL, OR AGGRESSIVE TOWARDS
 OTHER ANIMALS OR THAT ARE ILL, INJURED, OR WITHIN A WEEK OF WHELPING  OR
 QUEENING  SHALL  BE  HOUSED  INDIVIDUALLY  IN A SUITABLY SIZED, ENRICHED
 PRIMARY ENCLOSURE.
   (A) LITTERMATES UNDER THE AGE OF TWELVE WEEKS MAY BE CO-HOUSED  IN  AN
 ISOLATION AREA IF ALL INDIVIDUALS ARE INFECTED WITH THE SAME INFECTIOUS,
 CONTAGIOUS, PARASITIC OR COMMUNICABLE DISEASE.
   (B)  DOGS  AND  CATS WITHIN A WEEK OF GIVING BIRTH OR UNTIL SEPARATION
 FROM THE OFFSPRING SHALL BE PROVIDED WITH A BOX WITH A SOLID FLOOR LARGE

 S. 6870                            11
 
 ENOUGH TO ALLOW THE ANIMAL TO LIE FULLY STRETCHED ON ITS  SIDE,  PERMIT-
 TING  ALL  OFFSPRING  TO  NURSE  AND  TO ACCOMMODATE ALL OFFSPRING UNTIL
 WEANED; AND AN AREA LARGE ENOUGH TO ALLOW THE DAM OR QUEEN TO LEAVE  THE
 WHELPING BOX.
   9. EACH ENCLOSURE SHALL CLEARLY INDICATE THE IDENTITIES OF ALL ANIMALS
 CONTAINED WITHIN, SPECIFYING EACH ANIMAL'S UNIQUE IDENTIFIER AS REQUIRED
 UNDER  SECTION  FOUR  HUNDRED  TWENTY-THREE OF THIS ARTICLE. EACH ANIMAL
 SHALL ALSO BE INDIVIDUALLY IDENTIFIED.
   10. ALL PRIMARY ENCLOSURES SHALL PROVIDE  SUFFICIENT  SPACE  TO  ALLOW
 EACH ANIMAL, REGARDLESS OF SPECIES, TO:
   (A) MAKE ALL NORMAL POSTURAL ADJUSTMENTS;
   (B)  FULLY  STRETCH  ITS  BODY AND HAVE SUFFICIENT ROOM TO CIRCLE, LIE
 DOWN, AND STAND UPRIGHT WITHOUT THE HEAD OR TAIL TOUCHING THE  SIDES  OF
 THE  ENCLOSURE  EVEN  WITH  THE  PRESENCE OF WATER AND FOOD BOWLS, BEDS,
 LITTER BOXES, AND OTHER NORMAL CAGE OBJECTS; AND
   (C) ALLOW ANIMALS TO SIT, SLEEP AND  EAT  AWAY  FROM  AREAS  OF  THEIR
 ENCLOSURE WHERE THEY DEFECATE AND URINATE.
   11.  ANY  PRIMARY  ENCLOSURE HOUSING TWO OR MORE ANIMALS SHALL PROVIDE
 THE FOLLOWING:
   (A) SUFFICIENT SPACE AND QUALITY OF ENVIRONMENT TO ALLOW  ALL  ANIMALS
 TO MAINTAIN SOCIAL DISTANCES;
   (B)  ADEQUATE AREAS FOR HIDING, RESTING, FEEDING, AND ELIMINATION WITH
 SUFFICIENT SPACE TO SEPARATE AREAS AND THE ABILITY FOR  ALL  ANIMALS  TO
 ACCESS THOSE AREAS.
   12.  REGARDLESS  OF  THE  SIZE OF THE PRIMARY ENCLOSURE, THE NUMBER OF
 ANIMALS COHOUSED IN A PRIMARY ENCLOSURE AT ONE TIME SHALL NOT EXCEED THE
 FOLLOWING THRESHOLDS:
   (A) TWELVE ADULT CATS;
   (B) TWO LITTERS OF KITTENS NOT TO EXCEED TEN KITTENS TOTAL;
   (C) FIVE ADULT DOGS; OR
   (D) ONE LITTER OF PUPPIES.
   13. PUPPIES AND KITTENS LESS THAN SIXTEEN WEEKS OF AGE  SHALL  NOT  BE
 HOUSED  IN THE SAME ENCLOSURE WITH ADULTS OTHER THAN THEIR DAM OR QUEEN,
 OR FOSTER OR SURROGATE DAM OR QUEEN.
   14. ALL ANIMALS HOUSED WITH ONE OR MORE CONSPECIFICS  SHALL  BE  SEPA-
 RATED  FOR  FEEDING OR OBSERVED AT FEEDING TIMES FOR ANTAGONISTIC INTER-
 ACTIONS THAT POSE A SAFETY AND WELFARE CONCERN.
   15. ANIMALS SHALL NOT BE HOUSED OUTDOORS FOR MORE  THAN  TWELVE  HOURS
 WITHIN  A  TWENTY-FOUR-HOUR  PERIOD,  WITH THE EXCEPTION OF FREE-ROAMING
 CATS UNDER THE CARE OF THE ANIMAL SHELTER.
   16. OUTDOOR PRIMARY ENCLOSURES SHALL COMPLY WITH ALL HOUSING  REQUIRE-
 MENTS PRESCRIBED IN THIS SECTION AND SHALL PROVIDE THE FOLLOWING:
   (A) PROTECTION FROM THE ELEMENTS AT ALL TIMES;
   (B)  ADEQUATE  DRAINAGE TO PREVENT THE ACCUMULATION OF EXCESS WATER IN
 OR AROUND THE ENCLOSURES;
   (C) A MOISTURE-PROOF, INSULATED  SHELTER  STRUCTURE  LARGE  ENOUGH  TO
 SIMULTANEOUSLY  ACCOMMODATE ALL ANIMALS IN THE ENCLOSURE, UNLESS IMMEDI-
 ATE ENTRY TO AN INDOOR PORTION OF THE ENCLOSURE IS ACCESSIBLE;
   (D) SECURITY FROM UNAUTHORIZED ENTRY OF OTHER ANIMALS INTO THE  ENCLO-
 SURE;
   (E)  A  SEPARATE, SHADED AREA SUFFICIENT TO SIMULTANEOUSLY ACCOMMODATE
 ALL ANIMALS, EXCEPT WHEN ANIMALS HAVE  IMMEDIATE  ACCESS  TO  AN  INDOOR
 PORTION OF THE ENCLOSURE;
   (F)  CLEAN DRY BEDDING AT ALL TIMES AND A HEAT SOURCE WHEN THE OUTDOOR
 TEMPERATURE FALLS BELOW FIFTY DEGREES FAHRENHEIT; AND

 S. 6870                            12
 
   (G) ENCLOSURES THAT ALLOW OUTDOOR  ACCESS  FOR  CATS  SHALL  BE  FULLY
 ENCLOSED TO PREVENT ESCAPE FROM THE ENCLOSURE.
   17.  FOR ANY ANIMAL IN THE CUSTODY OR POSSESSION OF ANY ANIMAL SHELTER
 FOR FOURTEEN DAYS OR LONGER, ALTERNATIVE HOUSING SHALL  BE  PROVIDED  IN
 ONE OF THE FOLLOWING FORMATS:
   (A)  ENRICHED  CAGES AT LEAST TWICE THE SIZE OTHERWISE REQUIRED FOR AN
 ANIMAL'S SIZE;
   (B) FOSTER CARE IN A PRIVATE HOME, OFFICE, OR OTHER SUITABLE  OFF-SITE
 LOCATION; OR
   (C) ROOM HOUSING.
   §  426. SANITATION. ANY ANIMAL SHELTER LICENSED PURSUANT TO THIS ARTI-
 CLE SHALL ESTABLISH AND MAINTAIN SANITATION PROTOCOLS THAT  INCLUDE  THE
 FOLLOWING:
   1. USE OF ONE OR MORE AGENTS THAT HAVE CLEANING AND DISINFECTANT PROP-
 ERTIES  THAT  ARE EFFECTIVE UNDER CONDITIONS PRESENT IN A GIVEN ENVIRON-
 MENT AND WITH DEMONSTRATED EFFECTIVENESS AGAINST THE PATHOGENS FOR WHICH
 ANIMALS ARE AT RISK;
   2. REMOVAL OF ANIMALS FROM ENCLOSURES AND PLACEMENT IN ANOTHER  APPRO-
 PRIATE  ENCLOSURE  OR  SEPARATION  FROM THE AREA BEING CLEANED OR DISIN-
 FECTED BY A FUNCTIONAL COMPARTMENT DOOR WHEN WATER, CLEANING, OR  DISIN-
 FECTING AGENTS ARE SPRAYED IN OR NEAR AN ANIMAL'S ENCLOSURE;
   3.  DEDICATED  EQUIPMENT FOR CLEANING AND DISINFECTION FOR USE IN EACH
 SEPARATE AREA OF THE SHELTER DESIGNATED AS CAT OR DOG  ISOLATION,  HOLD-
 ING, ADOPTIONS OR OTHER FUNCTIONALLY SEPARATE AREAS WITHIN THE FACILITY;
   4. CLEANING AND DISINFECTING IN BETWEEN EACH USE OF ITEMS AND SURFACES
 THAT  COME  INTO CONTACT WITH ANIMALS, INCLUDING BUT NOT LIMITED TO FOOD
 AND WATER BOWLS, LITTER BOXES AND EXAM TABLES, OR PROCEDURES TO  DISCARD
 AND REPLACE WITH NEW ITEMS FOR EACH ANIMAL;
   5. CLEANING AND DISINFECTING ALL ENCLOSURES FOR TEMPORARY OR PERMANENT
 HOUSING BEFORE A NEW ANIMAL ENTERS SUCH ENCLOSURE;
   6.  DAILY CLEANING AND AT LEAST ONCE WEEKLY DISINFECTING OF ENCLOSURES
 THAT HOUSE THE SAME ANIMAL OR ANIMALS DURING A LONG-TERM STAY;
   7. CLEANING AND DISINFECTING ENCLOSURES  WHEN  THE  ENCLOSURE  BECOMES
 HEAVILY SOILED OR OTHERWISE CONTAMINATED OR A NEW ANIMAL IS ADDED TO THE
 ENCLOSURE;
   8.  LAUNDERING  OF ALL ANIMAL BEDDING IN A MACHINE WITH DETERGENT WHEN
 SOILED AND THOROUGHLY DRYING SUCH BEDDING BEFORE REUSE, OR REMOVING  AND
 DISPOSING OF SUCH BEDDING APPROPRIATELY;
   9.  CLEANING  OF  OUTDOOR PREMISES FROM CLUTTER THAT MAY POSE A SAFETY
 CONCERN AND FECAL MATERIAL REMOVED AT LEAST ONCE DAILY;
   10. APPROPRIATE USE AND DISPOSAL OF PROTECTIVE  GARMENTS  WORN  DURING
 CLEANING AND INTENSIVE ANIMAL-HANDLING ACTIVITIES WITHIN AN ANIMAL SHEL-
 TER; AND
   11. PROPER HYGIENE OF SHELTER STAFF, VOLUNTEERS, AND VISITORS, INCLUD-
 ING SIGNAGE, SUPERVISION, AND HAND SANITATION.
   § 427. SHELTER MANAGEMENT PROTOCOLS. 1. EACH ANIMAL SHELTER SHALL HAVE
 A  CLEAR,  WRITTEN,  MANAGEMENT  STRUCTURE THAT DEFINES STAFF AUTHORITY,
 REPORTING STRUCTURE AND RESPONSIBILITIES, AND IS READILY  ACCESSIBLE  TO
 ALL STAFF AND VOLUNTEERS.
   2.  STAFFING  SHALL  BE SUFFICIENT TO ALLOW ADEQUATE TIME, PER ANIMAL,
 FOR CLEANING AND DAILY FEEDING, AND TO MEET THE MINIMUM REQUIREMENTS FOR
 SOCIALIZATION AND EXERCISE OF ANIMALS  AS  PRESCRIBED  IN  SECTION  FOUR
 HUNDRED THIRTY OF THIS ARTICLE.
   3. THE TOTAL NUMBER OF ANIMALS HOUSED IN AN ANIMAL SHELTER FACILITY OR
 FOSTER  HOME  SHALL  NOT EXCEED THE NUMBER OF HOUSING UNITS AVAILABLE AT
 THE FACILITY AS REQUIRED BY SECTION FOUR  HUNDRED  TWENTY-FIVE  OF  THIS

 S. 6870                            13
 
 ARTICLE;  PROVIDED,  HOWEVER,  THAT EXCEPTIONS TO THE PROVISIONS OF THIS
 SUBDIVISION SHALL BE PERMISSIBLE FOR PERIODS NOT  TO  EXCEED  FORTY-FIVE
 CONTIGUOUS  DAYS  IN  THE EVENT OF AN ANIMAL SEIZURE PURSUANT TO ARTICLE
 TWENTY-SIX  OF  THIS  CHAPTER  OR  A  NATURAL DISASTER WHERE AN OFFICIAL
 DECLARATION OF THE DISASTER OR EMERGENCY HAS BEEN MADE.
   4. ALL ANIMALS SHALL BE OBSERVED DAILY BY A  MANAGER  OR  DESIGNEE  TO
 IDENTIFY EACH ANIMAL'S NEEDS FOR CARE, HOUSING AND SERVICE AND TO ENSURE
 THAT EACH ANIMAL HAS A PLAN TO ADVANCE EFFICIENTLY THROUGH THE SHELTER.
   § 428. ANIMAL HUSBANDRY. 1. (A) EACH ANIMAL SHELTER SHALL PROVIDE EACH
 ANIMAL  UNDER  ITS  CARE  WITH  FRESH, POTABLE WATER AT ALL TIMES UNLESS
 OTHERWISE DIRECTED BY A DULY LICENSED VETERINARIAN.
   (B) EACH ANIMAL SHELTER SHALL  FEED  EACH  ANIMAL  UNDER  ITS  CARE  A
 COMPLETE AND NUTRITIONALLY BALANCED, SPECIES-SPECIFIC AND LIFE-STAGE-AP-
 PROPRIATE  DIET  AS  INDICATED  BY THE ANIMAL'S AGE, WEIGHT, AND MEDICAL
 HEALTH, OR AS DIRECTED BY A DULY  LICENSED  VETERINARIAN  IN  ACCORDANCE
 WITH THE WRITTEN PROTOCOLS REQUIRED BY SECTION FOUR HUNDRED TWENTY-THREE
 OF THIS ARTICLE.
   (C)  FOOD  SHALL BE PROVIDED AT LEAST ONCE DAILY FOR ADULT ANIMALS, AT
 LEAST TWICE DAILY FOR ANIMALS LESS THAN SIX MONTHS OF AGE, AND AT  LEAST
 THREE TIMES DAILY FOR ANIMALS LESS THAN TWO MONTHS OF AGE.
   (D) PERISHABLE ANIMAL FOOD SHALL BE REFRIGERATED.
   (E)  ANIMAL  FOOD  AND WATER CONTAINERS SHALL BE PRESENT IN SUFFICIENT
 NUMBER AND LOCATION TO SAFELY ENABLE EACH ANIMAL  IN  THE  ENCLOSURE  TO
 ACCESS  AN ADEQUATE SUPPLY OF FOOD AND WATER. FOOD AND WATER BOWLS SHALL
 BE OF THE TYPE THAT CAN BE EASILY SANITIZED, BE KEPT CLEAN AND SHALL  BE
 CLEANED  AND  DISINFECTED  PRIOR  TO  USE  BY A DIFFERENT ANIMAL, UNLESS
 DISPOSABLE BOWLS ARE USED AND REPLACED BETWEEN ANIMALS.
   (F) EACH ANIMAL SHALL BE OBSERVED DURING  OR  FOLLOWING  EACH  FEEDING
 TIME  TO  ENSURE  DAILY  FOOD INTAKE, OR AT LEAST ONCE EVERY TWENTY-FOUR
 HOURS FOR ANIMALS CONTINUALLY OFFERED FOOD. SUCH OBSERVATIONS  SHALL  BE
 RECORDED.
   2.  (A) HUMANE AND SAFE PHYSICAL RESTRAINT TO LIMIT SOME OR ALL NORMAL
 VOLUNTARY MOVEMENT OF ANY ANIMAL IN EACH  ANIMAL  SHELTER'S  CARE  SHALL
 MINIMIZE  FEAR,  PAIN, STRESS AND SUFFERING FOR THE ANIMAL, PROTECT BOTH
 THE ANIMAL AND PERSONNEL FROM HARM, AND BE OF THE  LEAST  INTENSITY  AND
 DURATION  REQUIRED  TO  ALLOW THE SPECIFIC PROCEDURE OR PROCEDURES TO BE
 PERFORMED PROPERLY.
   (B) (I) FRIGHTENED OR FRACTIOUS ANIMALS MAY BE APPROPRIATELY  TRANQUI-
 LIZED, UNDER THE ORDERS AND SUPERVISION OF A DULY LICENSED VETERINARIAN,
 IF THEY CANNOT BE RESTRAINED SAFELY AND HUMANELY.
   (II) NO PHYSICAL FORCE SHALL BE USED AS PUNISHMENT OR IN ANGER.
   (III)  HANDLING METHODS SHALL MINIMIZE THE CHANCE OF ESCAPE AND ENSURE
 THE SAFETY OF BOTH HUMANS AND ANIMALS.
   (C) RESTRAINT DEVICES AND HANDLING TECHNIQUES EMPLOYED BY EACH  ANIMAL
 SHELTER  SHALL BE USED IN A MANNER THAT MINIMIZES ANIMAL STRESS AND RISK
 OF INJURY TO BOTH ANIMALS AND PERSONNEL, IN THE EVENT SUCH  DEVICES  AND
 TECHNIQUES ARE NECESSARY FOR THE SAFE HANDLING OF THE ANIMAL.
   (I) ALL EQUIPMENT SHALL BE MAINTAINED IN GOOD WORKING ORDER.
   (II)  CATS  SHALL  NOT BE RESTRAINED WITH CONTROL POLES. HUMANE TRAPS,
 CAT BOXES, NETS, TOWELS, OR OTHER  EQUIPMENT  APPROPRIATE  FOR  HANDLING
 FRACTIOUS  ANIMALS  MAY  BE  USED.    SQUEEZE CAGES, FERAL CAT BOXES, OR
 HUMANE TRAPS WITH DIVIDERS SHALL BE USED FOR RESTRAINING CATS AND ADMIN-
 ISTERING TRANQUILIZERS PRIOR TO HANDLING.
   § 429. VETERINARY CARE. 1.  PRESCRIPTION  MEDICATIONS  AND  TREATMENTS
 SHALL  BE ADMINISTERED BY EACH ANIMAL SHELTER UNDER THE ADVISEMENT OF OR

 S. 6870                            14
 
 IN ACCORDANCE WITH WRITTEN PROTOCOLS PROVIDED BY A DULY LICENSED VETERI-
 NARIAN.
   2.  ALL DRUGS SHALL BE DOCUMENTED AND DISPENSED BY EACH ANIMAL SHELTER
 IN ACCORDANCE WITH APPLICABLE LOCAL, STATE, AND FEDERAL LAWS  AND  REGU-
 LATIONS.
   3.  ALL  INCOMING  ANIMALS  SHALL  BE  ASSESSED WITHIN TWO HOURS AFTER
 INTAKE BY A TRAINED ANIMAL SHELTER STAFF  MEMBER  TO  DETERMINE  IF  ANY
 PHYSICAL ABNORMALITIES EXIST THAT REQUIRE IMMEDIATE VETERINARY ATTENTION
 IN ACCORDANCE WITH THE SHELTER'S WRITTEN PROTOCOL FOR EMERGENCY CARE, AS
 REQUIRED BY SECTION FOUR HUNDRED TWENTY-THREE OF THIS ARTICLE.
   4.  EACH  ANIMAL SHELTER SHALL HAVE THE ABILITY TO PROVIDE FOR VETERI-
 NARY ASSESSMENT AND HUMANE CARE IN A  TIMELY  FASHION  THROUGH  IN-HOUSE
 FACILITIES OR AT AN OFF-SITE LOCATION.
   5.  PURSUANT  TO  THE  WRITTEN  PROTOCOL FOR EMERGENCY VETERINARY CARE
 REQUIRED BY SECTION FOUR HUNDRED  TWENTY-THREE  OF  THIS  ARTICLE,  EACH
 ANIMAL  SHELTER SHALL PROVIDE APPROPRIATE AND TIMELY VETERINARY CARE FOR
 ANY ANIMAL THAT IS IN DISTRESS, EXPERIENCING PAIN, OR SHOWING  SIGNS  OF
 SIGNIFICANT ILLNESS OR INJURY.
   6.  EACH  ANIMAL  SHELTER  SHALL RECOGNIZE AND TREAT ACUTE AND CHRONIC
 PAIN APPROPRIATELY, AS SET FORTH IN ARTICLE TWENTY-SIX OF THIS  CHAPTER.
 THE LEGAL STATUS REGARDING THE OWNERSHIP OF ANY ANIMAL SHALL NOT PREVENT
 TREATMENT TO RELIEVE SUFFERING.
   7.  EACH  ANIMAL SHELTER SHALL PROVIDE A COMPLETE PHYSICAL EXAMINATION
 OF ALL ANIMALS IN ITS CUSTODY OR POSSESSION  BY  TRAINED  SHELTER  STAFF
 WITHIN  TWENTY-FOUR  HOURS  OF  INTAKE TO IDENTIFY MEDICAL OR BEHAVIORAL
 CONDITIONS THAT REQUIRE  FURTHER  EVALUATION  AND  CARE.  ANIMALS  SHALL
 SPECIFICALLY  BE EXAMINED FOR BITE WOUNDS; ANIMALS THAT HAVE POTENTIALLY
 BEEN EXPOSED TO RABIES SHALL BE MANAGED IN  ACCORDANCE  WITH  APPLICABLE
 LOCAL  AND  STATE LAWS. EACH ANIMAL SHELTER SHALL COMPLY WITH THE RABIES
 REPORTING REQUIREMENTS PRESCRIBED IN 10 NYCRR 2.14.
   8. EACH ANIMAL SHELTER SHALL VACCINATE EACH ANIMAL IN ITS  CUSTODY  OR
 POSSESSION  WITH  CORE VACCINES AS RECOMMENDED BY NATIONAL STANDARDS AND
 GUIDELINES SPECIFIC TO  ANIMAL  SHELTERS  AS  ESTABLISHED,  ENDORSED  OR
 APPROVED  BY  THE  AMERICAN  ASSOCIATION OF FELINE PRACTITIONERS (AAFP),
 AMERICAN ANIMAL HOSPITAL ASSOCIATION (AAHA), OR THE ASSOCIATION OF SHEL-
 TER VETERINARIANS (ASV).
   9. EACH ANIMAL SHELTER SHALL PROVIDE ALL DOGS, CATS,  AND  FERRETS  IN
 ITS  CUSTODY OR POSSESSION WITH A RABIES VACCINATION PRIOR TO RELEASE IN
 ACCORDANCE WITH LOCAL PUBLIC HEALTH LAWS. EACH ANIMAL SHELTER  SHALL  BE
 IN COMPLIANCE AT ALL TIMES WITH SECTION ONE HUNDRED NINE OF THIS CHAPTER
 AND TITLE FOUR OF ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW.
   10.  AT  A MINIMUM, EACH ANIMAL SHELTER SHALL TREAT ALL ANIMALS IN ITS
 CUSTODY OR POSSESSION FOR HOOKWORMS  AND  ROUNDWORMS  PRIOR  TO  RELEASE
 AND/OR PLACEMENT IN FOSTER CARE.
   11.  WHEN  A  PHYSICAL  OR BEHAVIORAL ABNORMALITY IS IDENTIFIED AT THE
 TIME OF INTAKE OR AT ANY TIME DURING ANY ANIMAL'S  SHELTER  STAY,  STAFF
 MEMBERS  SHALL FOLLOW WRITTEN MEDICAL PROTOCOLS REQUIRED BY SECTION FOUR
 HUNDRED TWENTY-THREE OF THIS ARTICLE,  TO  DETERMINE  IF  AND  WHEN  ANY
 ANIMAL  IN  ITS  CUSTODY  OR  POSSESSION  NEEDS TO BE EXAMINED BY A DULY
 LICENSED VETERINARIAN. IF THE ANIMAL IS IN FOSTER CARE, THE FOSTER  CARE
 PROVIDER SHALL FOLLOW WRITTEN MEDICAL PROTOCOLS TO DETERMINE WHETHER THE
 ANIMAL NEEDS TO BE EXAMINED BY A DULY LICENSED VETERINARIAN.
   12.  ANY ANIMAL IN THE CUSTODY OR POSSESSION OF ANY ANIMAL SHELTER FOR
 MORE THAN THIRTY DAYS SHALL BE EXAMINED AND WEIGHED AT LEAST MONTHLY  BY
 A  TRAINED  STAFF MEMBER.   ANIMALS IN FOSTER CARE SHALL BE EXAMINED AND
 WEIGHED AT LEAST ONCE EVERY SIX MONTHS BY A TRAINED STAFF MEMBER.

 S. 6870                            15
 
   13. ANY APPARENTLY HEALTHY ANIMAL  REMAINING  WITHIN  THE  CUSTODY  OR
 POSSESSION  OF  ANY  ANIMAL SHELTER SHALL BE EXAMINED BY A DULY LICENSED
 VETERINARIAN AT LEAST EVERY SIX MONTHS, OR MORE FREQUENTLY  IF  PROBLEMS
 ARE IDENTIFIED.
   14.  EACH  ANIMAL  SHELTER  SHALL  PROVIDE REGULAR GROOMING TO PREVENT
 DISCOMFORT OR INJURY TO  EACH  ANIMAL  IN  ITS  CUSTODY  OR  POSSESSION.
 MATTED,  SOILED,  OR  OTHERWISE  UNKEMPT  ANIMALS SHALL BE PROVIDED WITH
 TIMELY GROOMING  TO  ALLEVIATE  DISCOMFORT  AND  PREVENT  INJURY  WITHIN
 FORTY-EIGHT  HOURS  OF  INTAKE  OR IDENTIFICATION OF CONDITION.   SEVERE
 MATTING THAT PREVENTS NORMAL  MOVEMENT,  AN  ANIMAL'S  ABILITY  TO  EAT,
 DRINK,  URINATE, OR DEFECATE, OR THAT COMPROMISES TISSUE HEALTH SHALL BE
 TREATED AS A MEDICAL EMERGENCY REQUIRING IMMEDIATE CARE.
   15. (A) NO ANIMAL SHELTER SHALL RELEASE ANY DOG OR CAT FOR ADOPTION TO
 ANY PERSON UNLESS THE DOG OR CAT HAS BEEN SPAYED OR NEUTERED, IN ACCORD-
 ANCE WITH SECTION THREE HUNDRED SEVENTY-SEVEN-A OF THIS CHAPTER.
   (B) PRIOR TO PERFORMING SPAY/NEUTER SURGERY AT ANY ANIMAL SHELTER:
   (I) ALL ANIMALS IN SUCH SHELTER'S CUSTODY OR POSSESSION SHALL  RECEIVE
 AN  EXAMINATION BY A DULY LICENSED VETERINARIAN WITHIN TWENTY-FOUR HOURS
 OF SURGERY AND ANESTHESIA.  SUCH  EXAMINATION  MAY  BE  PERFORMED  UNDER
 SEDATION  OR ANESTHESIA IF, DUE TO THE ANIMAL'S BEHAVIOR, AN EXAMINATION
 IS NOT POSSIBLE WHILE AWAKE.
   (II)  BALANCED  ANESTHETIC  PROTOCOLS  THAT  INCLUDE   SEDATION,   THE
 PROVISION OF PRE- AND POST-OPERATIVE ANALGESIA, STRESS REDUCTION, MUSCLE
 RELAXATION  AND  CONTROLLED,  REVERSIBLE  LOSS OF CONSCIOUSNESS SHALL BE
 UTILIZED FOR ALL ANIMALS.
   (III) WHILE SURGERY IS BEING PERFORMED, THE OPERATING  AREA  SHALL  BE
 DEDICATED  TO SURGERY AND CONTAIN THE NECESSARY EQUIPMENT FOR ANESTHESIA
 AND PATIENT MONITORING.
   (IV) ASEPTIC SURGICAL TECHNIQUE SHALL BE REQUIRED, AND SEPARATE  STER-
 ILE  INSTRUMENTS  SHALL  BE  USED  FOR EACH PATIENT. ALL INSTRUMENTS AND
 EQUIPMENT SHALL BE MAINTAINED IN PROPER WORKING CONDITION.
   (V) A PERMANENT TATTOO SHALL BE PLACED ON THE VENTRAL ABDOMEN OF SHEL-
 TER-OWNED CATS AND DOGS AT THE TIME OF SPAY OR NEUTER.
   (VI) EACH ANIMAL SHELTER SHALL PROVIDE ADOPTIVE OWNERS INSTRUCTIONS IN
 BOTH WRITTEN AND VERBAL FORMS FOR TEN-DAY POST-OPERATIVE CARE OF RECENT-
 LY SPAYED OR NEUTERED ANIMALS.
   (C) WRITTEN PROTOCOLS REQUIRED BY SECTION FOUR HUNDRED TWENTY-THREE OF
 THIS CHAPTER, SHALL BE FOLLOWED TO HANDLE RELATED  POST-OPERATIVE  EMER-
 GENCIES.
   § 430. BEHAVIOR. 1. EACH ANIMAL SHELTER SHALL TAKE MEASURES, BY WAY OF
 WRITTEN  QUESTIONNAIRE,  PERSONAL INTERVIEW OR OTHER MEANS DEEMED NECES-
 SARY BY THE COMMISSIONER, TO  COLLECT  A  BEHAVIORAL  HISTORY  FOR  EACH
 ANIMAL IN ITS CUSTODY OR POSSESSION AT THE TIME OF INTAKE.
   2.  ROUTINE  CARE  AND  HANDLING  OF  ANY  ANIMAL  IN  THE  CUSTODY OR
 POSSESSION OF EACH ANIMAL SHELTER, INCLUDING THE TIMING OF  FEEDING  AND
 SANITATION PROCEDURES SHALL BE PERFORMED ON A REGULAR DAILY SCHEDULE.
   3.  AT  LEAST TWENTY MINUTES OF POSITIVE SOCIAL INTERACTIONS, IN ADDI-
 TION TO TIME SPENT PROVIDING FEEDING, CLEANING, BASIC HUSBANDRY OR  CARE
 WITH  PEOPLE  SHALL  BE PROVIDED BY EACH ANIMAL SHELTER ON A DAILY BASIS
 FOR ANY ANIMAL IN SUCH SHELTER'S CUSTODY OR POSSESSION EXCEPT  THOSE  SO
 POORLY  SOCIALIZED  TO  HUMANS  THAT  SUCH  CONTACT WOULD BE UNPLEASANT,
 STRESSFUL OR POSE A SAFETY RISK TO OTHER ANIMALS OR HUMANS. DAILY HANDL-
 ING AND POSITIVE EXPOSURE TO PEOPLE AND OTHER ANIMALS SHALL BE  PROVIDED
 FOR  ANY DOG OR CAT LESS THAN FOUR MONTHS OF AGE, WHILE TAKING APPROPRI-
 ATE PRECAUTIONS TO LIMIT INFECTIOUS DISEASE.    POSITIVE  SOCIAL  INTER-
 ACTIONS  SHALL INCLUDE BUT NOT BE LIMITED TO PETTING AN ANIMAL, WALKING,

 S. 6870                            16
 
 REWARD BASED TRAINING OR INTERACTIVE PLAY WITH TOYS. TIME SPENT  PROVID-
 ING  BASIC  HUSBANDRY  AND  ANIMAL  CARE SHALL NOT BE USED TO OFFSET THE
 SOCIAL INTERACTION TIME REQUIREMENTS OF THIS SUBDIVISION.
   4.  EACH  ANIMAL  SHELTER  SHALL PROVIDE EACH ANIMAL IN ITS CUSTODY OR
 POSSESSION OPPORTUNITY FOR EXERCISE AND  EXPLORATION  IN  THE  FOLLOWING
 MANNER:
   (A) ALL CATS HOUSED IN A CAGE, KENNEL, OR ROOM THAT PROVIDES LESS THAN
 EIGHTEEN  SQUARE FEET OF FLOOR SPACE PER CAT FOR FOURTEEN DAYS OR LONGER
 SHALL BE PERMITTED AT LEAST FIFTEEN MINUTES PER DAY AT LEAST  FIVE  DAYS
 PER WEEK OUTSIDE OF THEIR PRIMARY ENCLOSURE TO EXERCISE AND EXPLORE;
   (B) ALL DOGS RESIDING IN THE SHELTER FOR FOURTEEN DAYS OR LONGER SHALL
 BE  PERMITTED  TIME  OUTSIDE  OF THEIR PRIMARY ENCLOSURE TO EXERCISE AND
 EXPLORE FOR AT LEAST TWENTY MINUTES PER DAY FIVE DAYS PER WEEK; OR
   (C) IN THE EVENT SUCH ACTIVITIES ARE NOT POSSIBLE DUE TO ANY  ANIMAL'S
 HEALTH,  BEHAVIOR,  ORDER  OF THE COMMISSIONER OR LEGAL RESTRICTION, THE
 CONDITION AND REASON  SHALL  BE  DOCUMENTED  IN  SUCH  ANIMAL'S  MEDICAL
 RECORD.
   5. EACH ANIMAL SHELTER SHALL IMPLEMENT ADDITIONAL MEASURES FOR ENRICH-
 MENT  AND  STRESS  REDUCTION FOR ANY ANIMAL IN ITS CUSTODY OR POSSESSION
 SHOWING PERSISTENT HIDING,  HOSTILE  INTERACTIONS  WITH  OTHER  ANIMALS,
 REDUCED  ACTIVITY,  DEPRESSION OR SOCIAL WITHDRAWAL, BARRIER FRUSTRATION
 OR AGGRESSION, SELF-INJURIOUS  BEHAVIOR,  REPETITIVE  NON  GOAL-ORIENTED
 MOVEMENT, OR STEREOTYPIC BEHAVIORS. SUCH MEASURES SHALL BE DOCUMENTED IN
 SUCH  ANIMAL'S  MEDICAL  RECORD CREATED PURSUANT TO SECTION FOUR HUNDRED
 TWENTY-THREE OF THIS ARTICLE.
   6. USE OF AVERSIVE METHODS IN ANIMAL TRAINING OR BEHAVIORAL  MODIFICA-
 TION  IS  PROHIBITED  EXCEPT  IN  REWARD-BASED  METHOD SITUATIONS, WHERE
 SKILLED APPLICATION OF THE LEAST AVERSIVE METHOD  THAT  IS  EXPECTED  TO
 SUCCEED MAY BE APPROPRIATE.
   7.  ANIMAL  SHELTERS MAY PERFORM A SYSTEMATIC BEHAVIORAL EVALUATION ON
 ANIMALS PRIOR TO REHOMING OR OTHER PLACEMENT. IN THE EVENT  SUCH  EVALU-
 ATIONS ARE PERFORMED, THE FOLLOWING REQUIREMENTS SHALL APPLY:
   (A)  STAFF  PERFORMING  SUCH  EVALUATIONS  SHALL  RECEIVE, IN ADVANCE,
 ADEQUATE TRAINING IN THE PERFORMANCE AND INTERPRETATION  OF  THE  BEHAV-
 IORAL EVALUATION OR EVALUATIONS; AND
   (B)   DOCUMENTATION  OF  THE  RESULTS  OF  EVERY  BEHAVIOR  EVALUATION
 PERFORMED SHALL BE ADDED TO THE  ANIMAL'S  RECORD  CREATED  PURSUANT  TO
 SECTION FOUR HUNDRED TWENTY-THREE OF THIS ARTICLE.
   8.  EACH  LICENSED  ANIMAL  SHELTER SHALL FULLY DISCLOSE ALL AVAILABLE
 INFORMATION REGARDING THE BEHAVIOR OF  ANY  ANIMAL  IN  ITS  CUSTODY  OR
 POSSESSION  PRIOR  TO SUCH ANIMAL'S TRANSFER TO AN INDIVIDUAL OR ANOTHER
 ORGANIZATION AS AUTHORIZED PURSUANT TO SECTION  THREE  HUNDRED  SEVENTY-
 FOUR OF THIS CHAPTER. SUCH INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED
 TO  PRIOR HISTORY, OBSERVED BEHAVIORS IN THE SHELTER, AND THE RESULTS OF
 ANY SYSTEMATIC BEHAVIORAL EVALUATIONS PERFORMED.
   9. ANY ANIMAL IN THE CUSTODY OR POSSESSION OF A LICENSED ANIMAL  SHEL-
 TER  THAT  IS OBSERVED TO BE EXPERIENCING MENTAL SUFFERING OR BEHAVIORAL
 DETERIORATION SHALL BE ASSESSED AND APPROPRIATELY TREATED.
   § 431. TRANSPORTATION. 1. VEHICLE REQUIREMENTS. (A) VEHICLES AND OPER-
 ATORS EMPLOYED BY OR OTHERWISE SERVING AS AN AGENT OF ANY ANIMAL SHELTER
 TO TRANSPORT ANIMALS SHALL ADHERE TO ALL APPLICABLE FEDERAL, STATE,  AND
 LOCAL LAWS.
   (B) ANY ANIMAL TRANSPORTED BY AN ANIMAL SHELTER OR ITS AGENT SHALL NOT
 BE  PLACED  UNCONFINED  OR  TETHERED  IN  THE BACK OF AN OPEN PICK-UP OR
 FLATBED TRUCK.

 S. 6870                            17
 
   (C) ANY ANIMAL SHELTER OR ITS  AGENT  TRANSPORTING  ANY  ANIMAL  SHALL
 SAFELY AND SECURELY CONFINE SUCH ANIMAL IN AN ENCLOSURE SUCH AS A CRATE,
 CARRIER,  OR  CAGE WITHIN THE VEHICLE.  FOSTER CARE PROVIDERS SERVING AS
 AN AGENT OF ANY ANIMAL SHELTER FOR  PURPOSES  OF  THIS  SECTION  MAY  BE
 AUTHORIZED TO PROVIDE SECURE ALTERNATIVES TO ENCLOSURES FOR TRANSPORT OF
 LARGE DOGS.
   (D)  ANY  TRANSPORT  VEHICLE  TRANSPORTING DOGS OR CATS FOR ANY ANIMAL
 SHELTER SHALL HAVE ADEQUATE SPACE, COMFORTABLE ENVIRONMENTAL CONDITIONS,
 AND GOOD AIR QUALITY. THE ANIMAL COMPARTMENT OF  THE  TRANSPORT  VEHICLE
 SHALL PROVIDE FRESH AIR, FREE OF VEHICLE EXHAUST FUMES.
   (E)  EACH  TRANSPORT  VEHICLE, INCLUDING CARGO SPACES, SHALL BE HEATED
 AND COOLED AS NECESSARY TO PROVIDE FOR NORMAL  THERMOREGULATION  OF  THE
 ANIMALS BEING TRANSPORTED.
   (F)  EACH  TRANSPORT  VEHICLE  SHALL  HAVE A THERMOMETER PLACED IN THE
 ANIMAL COMPARTMENT. THE AMBIENT TEMPERATURE IN THE CARGO SPACE SHALL  BE
 MAINTAINED  BETWEEN SIXTY AND EIGHTY-FIVE DEGREES FAHRENHEIT, UNLESS THE
 HEALTH OF THE ANIMAL NECESSITATES AN AMBIENT TEMPERATURE THAT EXCEEDS OR
 IS LESS THAN SUCH PARAMETERS. THE OPERATOR OF SUCH VEHICLE SHALL MONITOR
 CARGO AREA TEMPERATURES AT LEAST EVERY FOUR HOURS TO ENSURE SUCH TEMPER-
 ATURES ARE MAINTAINED.
   2. GENERAL RESPONSIBILITIES OF ANIMAL  SHELTERS  OF  ORIGIN  PRIOR  TO
 TRANSPORT.  (A) IT IS THE RESPONSIBILITY OF THE ANIMAL SHELTER OF ORIGIN
 TO REASONABLY ENSURE THAT ITS DESTINATION ANIMAL SHELTERS HAVE THE ABIL-
 ITY TO MEET THE REQUIREMENTS OF SUBDIVISION FOUR OF THIS  SECTION  PRIOR
 TO  TRANSPORTING  ANY ANIMAL. A WRITTEN CONTRACT OR MEMORANDUM OF UNDER-
 STANDING BETWEEN THE ANIMAL SHELTER OF ORIGIN, ANY  INTERMEDIATE  ANIMAL
 SHELTER,  THE  DESTINATION ANIMAL SHELTER AND ANY TRANSPORTING AGENT NOT
 DIRECTLY EMPLOYED BY SUCH SHELTERS, SHALL BE EXECUTED  FOR  EACH  ANIMAL
 TRANSFER OF ONE OR MORE ANIMALS. SUCH DOCUMENT SHALL INCLUDE THE RESPON-
 SIBILITIES OF EACH PARTY AND SHALL BE REVISED OR UPDATED AS NECESSARY TO
 ENSURE THAT INFORMATION IS CURRENT.
   (B)  A  CONTACT PERSON SHALL BE DESIGNATED FOR EACH ANIMAL SHELTER AND
 ANY INTERMEDIATE TRANSFER POINTS.
   (C) EACH TRANSPORTING ORGANIZATION IDENTIFIED IN ANY AGREEMENT  ESTAB-
 LISHED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (D) OF THIS SUBDIVISION
 SHALL  ADHERE  TO  ALL  PUBLIC  HEALTH  LAWS  AND  LOCAL LAWS FOR SOURCE
 LOCATION, INTERMEDIATE TRANSFER POINTS, AND FINAL DESTINATION.
   (D) (I) FOR DOGS OR CATS IMPORTED INTO THE STATE, THE  ANIMAL  SHELTER
 OF ORIGIN SHALL ENSURE THAT EACH DOG OR CAT TO BE TRANSPORTED AGED THREE
 MONTHS  OF AGE OR OLDER HAS BEEN VACCINATED AGAINST RABIES NOT MORE THAN
 TWELVE MONTHS PRIOR TO THE DATE  OF  TRANSPORT  WHEN  USING  A  ONE-YEAR
 VACCINE,  OR NOT MORE THAN THIRTY-SIX MONTHS PRIOR TO THE DATE OF TRANS-
 PORT WHEN USING A THREE-YEAR VACCINE, AS EVIDENCED BY  A  VALID  CERTIF-
 ICATE  OF  IMMUNIZATION  SIGNED  BY  A  DULY LICENSED VETERINARIAN. SUCH
 VACCINE SHALL BE APPROVED BY THE UNITED STATES  DEPARTMENT  OF  AGRICUL-
 TURE.  THE  IMMUNIZATION  REQUIREMENT  SHALL NOT APPLY IF A VETERINARIAN
 CERTIFIES IN WRITING THAT BECAUSE OF OLD AGE OR OTHER REASON,  THE  LIFE
 OF  THE  DOG  WOULD  BE  ENDANGERED  BY THE ADMINISTRATION OF THE RABIES
 VACCINE.
   (II) AT A MINIMUM, THE ANIMAL SHELTER OF ORIGIN SHALL  ADMINISTER  THE
 FOLLOWING CORE VACCINATIONS TO EACH DOG OR CAT TO BE TRANSPORTED THAT IS
 FOUR WEEKS OF AGE OR OLDER:
   (1) FOR DOGS, A MODIFIED LIVE PRODUCT FOR DISTEMPER VIRUS, ADENOVIRUS,
 AND PARVOVIRUS AS WELL AS AN INTRANASAL OR ORAL AVIRULENT CULTURE BORDE-
 TELLA  BRONCHISEPTICA  VACCINATION  PRIOR  TO  DEPARTING FROM THE ANIMAL
 SHELTER OF ORIGIN.

 S. 6870                            18
 
   (2) FOR CATS, A MODIFIED LIVE PRODUCT FOR FELINE VIRAL  RHINOTRACHEIT-
 IS, FELINE CALICI VIRUS, AND FELINE PANLEUKOPENIA.
   (III)  THE ANIMAL SHELTER OF ORIGIN SHALL TREAT EACH ANIMAL FOR INTER-
 NAL AND EXTERNAL PARASITES AS APPROPRIATE  FOR  THE  AGE,  SPECIES,  AND
 MEDICAL CONDITION.
   (IV)  (1)  THE ANIMAL SHELTER OF ORIGIN SHALL EXAMINE EACH DOG AND CAT
 FOR MEDICAL OR BEHAVIORAL CONCERNS AT MOST TWENTY-FOUR  HOURS  PRIOR  TO
 INITIATION  OF  TRANSPORT. ALL MEDICAL AND BEHAVIORAL OBSERVATIONS SHALL
 BE RECORDED AND COMMUNICATED TO ANY  INTERMEDIATE  ANIMAL  SHELTER,  THE
 DESTINATION  ANIMAL  SHELTER  AND  ANY  TRANSPORTING  AGENT NOT DIRECTLY
 EMPLOYED BY SUCH SHELTERS.
   (2) A HEALTH RECORD SHALL ACCOMPANY EACH ANIMAL TO BE TRANSPORTED.
   (3) A HEALTH CERTIFICATE IS REQUIRED FOR EACH ANIMAL TO BE TRANSPORTED
 INTO THE STATE IN ACCORDANCE WITH PART SIXTY-FIVE OF THE  COMMISSIONER'S
 RULES  AND  REGULATIONS.  SUCH  CERTIFICATE  SHALL ACCOMPANY EACH ANIMAL
 DURING TRANSPORT AND BE COMPLETED AND SIGNED BY A DULY LICENSED  VETERI-
 NARIAN.
   (V)  EACH  ANIMAL SHALL BE INDIVIDUALLY IDENTIFIED WITH A COLLAR, TAG,
 TATTOO, MICROCHIP OR COMBINATION OF SUCH IDENTIFIERS. ALL ANIMALS  SHALL
 HAVE, AT A MINIMUM, ONE FORM OF VISUAL IDENTIFICATION.
   3.  GENERAL  RESPONSIBILITIES DURING TRANSPORT. (A) EACH ANIMAL TRANS-
 PORTED SHALL BE PROVIDED WITH ABSORBENT BEDDING.
   (B) NO ANIMAL SHALL BE SEDATED OR TRANQUILIZED UNLESS RECOMMENDED BY A
 DULY LICENSED VETERINARIAN AND VETERINARY GUIDANCE IS PROVIDED FOR  SUCH
 ANIMAL'S CARE DURING TRANSPORT.
   (C)  THE MAXIMUM TRANSPORT TIME TO AN INTERMEDIATE ANIMAL SHELTER OR A
 DESTINATION ANIMAL SHELTER FOR DOGS AND CATS SHALL INCLUDE NOT MORE THAN
 FOURTEEN HOURS CONFINED TO THE TRANSPORT VEHICLE, INCLUDING  LOAD  TIME.
 TRANSPORTS EXCEEDING FOURTEEN HOURS MUST INCLUDE AN OVERNIGHT STOP AT AN
 INTERMEDIARY  LOCATION,  WHERE THE DOGS AND CATS BEING TRANSPORTED SHALL
 BE ALLOWED THE OPPORTUNITY TO EXERCISE  AND  ELIMINATE  OUTSIDE  OF  THE
 TRANSPORT VEHICLE.
   (D)  THE  TRANSPORTING  ANIMAL SHELTER OR ITS AGENT SHALL OBSERVE EACH
 ANIMAL BEING TRANSPORTED AS OFTEN AS CIRCUMSTANCES ALLOW, BUT  NOT  LESS
 THAN ONCE EVERY FOUR HOURS.  DURING SUCH OBSERVATIONS, ANIMALS SHOULD BE
 WATERED  AND FED CONSISTENT WITH PARAGRAPHS (G) AND (H) OF THIS SUBDIVI-
 SION, AND THE TRANSPORT AREA CLEANED AS APPROPRIATE.
   (E) EACH DOG SHALL BE PROVIDED WITH THE OPPORTUNITY  TO  EXERCISE  AND
 ELIMINATE  AT LEAST ONCE EVERY TWELVE HOURS WHILE CONFINED TO THE TRANS-
 PORT VEHICLE, INCLUDING LOAD TIME.  EACH DOG BEING TRANSPORTED  THAT  IS
 LESS  THAN TWELVE WEEKS OF AGE SHALL BE REMOVED FROM THEIR ENCLOSURE AND
 ALLOWED TO EXERCISE AND ELIMINATE AT LEAST EVERY TWO HOURS.
   (F) NO DOG OR CAT SHALL BE LEFT UNATTENDED IN  ANY  TRANSPORT  VEHICLE
 FOR  MORE  THAN ONE HOUR, REGARDLESS OF WHETHER HEATING, VENTILATION AND
 AIR CONDITIONING (HVAC) IS PROVIDED IN SUCH VEHICLE.
   (G) THE TRANSPORTING ANIMAL SHELTER OR ITS AGENT  SHALL  PROVIDE  EACH
 ANIMAL  BEING  TRANSPORTED WITH WHOLESOME AND PALATABLE FOOD EXCEPT WHEN
 THERE ARE INSTRUCTIONS FROM A DULY  LICENSED  VETERINARIAN  TO  WITHHOLD
 FOOD FOR MEDICAL REASONS. SUCH FOOD SHALL BE FREE FROM CONTAMINATION, OF
 NUTRITIONAL  VALUE SUFFICIENT TO MAINTAIN EACH ANIMAL IN GOOD HEALTH AND
 BE PROVIDED AT LEAST EVERY TWELVE HOURS  FOR  ADULT  ANIMALS;  AT  LEAST
 EVERY  EIGHT HOURS FOR ANIMALS LESS THAN SIX MONTHS OF AGE; AND AT LEAST
 EVERY SIX HOURS FOR ANIMALS LESS THAN FOUR MONTHS OF AGE.
   (H) IF WATER CANNOT BE PROVIDED AT ALL TIMES, THE TRANSPORTING  ANIMAL
 SHELTER  OR  ITS  AGENT  SHALL PROVIDE CLEAN, FRESH WATER TO EACH ANIMAL
 BEING TRANSPORTED AT LEAST EVERY FOUR  HOURS  DURING  OBSERVATION  STOPS

 S. 6870                            19
 
 REQUIRED  PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION.
 SUCH WATER SHALL BE SUPPLIED IN A SANITARY  MANNER  SUFFICIENT  FOR  ITS
 NEEDS,  EXCEPT WHERE THERE ARE INSTRUCTIONS FROM A DULY LICENSED VETERI-
 NARIAN TO WITHHOLD WATER FOR MEDICAL REASONS.
   (I)  ANIMAL ENCLOSURE REQUIREMENTS. (I) ANIMAL ENCLOSURES IN TRANSPORT
 VEHICLES SHALL BE SUITABLE TO ALLOW THE ANIMAL TO STAND, SIT ERECT, TURN
 AROUND WHILE STANDING, AND TO LIE IN A NATURAL POSITION.  IF  MORE  THAN
 ONE ANIMAL OCCUPIES ANY ENCLOSURE DURING TRANSPORT, SUCH ENCLOSURE SHALL
 PROVIDE ADEQUATE SPACE FOR EACH TO LIE DOWN COMFORTABLY AT THE SAME TIME
 WITHOUT LYING ON TOP OF EACH OTHER.
   (II)  UNFAMILIAR  ANIMALS  SHALL NOT BE CONTAINED TOGETHER IN THE SAME
 ENCLOSURE.
   (III) CRATES, CARRIERS OR CAGES SHALL NOT BE STACKED IN THE  TRANSPORT
 VEHICLE  IN A MANNER THAT INCREASES ANIMAL STRESS OR DISCOMFORT, COMPRO-
 MISES VENTILATION, ALLOWS WASTE MATERIAL TO PASS BETWEEN  CAGES,  INTER-
 FERES WITH CARE AND OBSERVATION, OR HINDERS EMERGENCY REMOVAL.
   (IV)  ALL  ANIMAL  ENCLOSURES  AND COMPARTMENTS SHALL BE FREE OF SHARP
 EDGES OR OTHER HAZARDOUS MATERIALS.
   (V) THE FLOOR OF ANY ENCLOSURE SHALL PREVENT INJURY,  DISCOMFORT,  AND
 LEAKAGE OF FLUIDS INTO OTHER ENCLOSURES.
   (VI)  THE  ANIMAL  SHELTER  OR ITS AGENT SHALL ENSURE THAT EACH ANIMAL
 TRANSPORTED IS SAFELY AND SECURELY CONFINED  WITHIN  EACH  ENCLOSURE  AS
 PRESCRIBED  BY  THIS  SECTION  AND  THAT  ENCLOSURE DOORS ARE SECURED TO
 PREVENT ACCIDENTAL OPENING.
   (VII) THE ANIMAL SHELTER OR ITS AGENT SHALL SECURE EACH PRIMARY ENCLO-
 SURE TO PREVENT MOVEMENT WITHIN THE TRANSPORT VEHICLE.
   (VIII) EACH DOG OR CAT LESS THAN EIGHT WEEKS OF AGE  SHALL  BE  TRANS-
 PORTED  IN  AN ENCLOSURE WITH THEIR MOTHER, WITH ADEQUATE SPACE TO ALLOW
 THE MOTHER TO LIE DOWN ON HER SIDE  WITH  LEGS  EXTENDED  TO  FACILITATE
 NURSING UNLESS SUCH DOG OR CAT IS ORPHANED, A DULY LICENSED VETERINARIAN
 DIRECTS  OTHERWISE,  THE  TRANSPORT  PERIOD DOES NOT EXCEED ONE HOUR, OR
 TRANSPORT WITH THE MOTHER IS DEEMED TO POSE A SIGNIFICANT  SAFETY  RISK.
 IN  THE  EVENT  SUCH  DOG OR CAT IS NOT TRANSPORTED WITH ITS MOTHER, THE
 ANIMAL SHELTER OR ITS AGENT SHALL ENSURE  AN  ADEQUATE  ENVIRONMENT  AND
 TEMPERATURE  FOR  THE  OFFSPRING. THE TRANSPORTING ANIMAL SHELTER OR ITS
 AGENT  SHALL  TRANSPORT  ANIMALS  WITH  KNOWN  OR  SUSPECTED  INFECTIOUS
 DISEASES  THAT COULD BE SPREAD DURING TRANSPORT IN SEPARATE COMPARTMENTS
 FROM HEALTHY ANIMALS.
   (IX) THE TRANSPORTING ANIMAL SHELTER OR ITS AGENT SHALL  CLEAN  ANIMAL
 ENCLOSURES  AND  REPLACE LITTER AS OFTEN AS NECESSARY TO PREVENT SOILING
 ANY ANIMAL BEING TRANSPORTED. IF ANY ANIMAL  MUST  BE  REMOVED  FROM  AN
 ENCLOSURE TO FACILITATE CLEANING, THE TRANSPORTING ANIMAL SHELTER OR ITS
 AGENT  SHALL  EMPLOY  SAFEGUARDS  TO  ENSURE  ANIMAL  SAFETY AND PREVENT
 ESCAPE.
   (J) TRANSPORT VEHICLE OPERATORS. (I) TRANSPORT VEHICLE  OPERATORS  AND
 INDIVIDUALS  WHO  ASSIST IN THE TRANSPORT OF ANIMALS SHALL HAVE TRAINING
 IN ANIMAL HEALTH, ANIMAL  CARE,  AND  SAFETY  ISSUES  TO  RECOGNIZE  AND
 RESPOND TO ANIMAL NEEDS DURING TRANSPORT.
   (II) TRANSPORT VEHICLE OPERATORS SHALL AVOID UNNECESSARY SUDDEN ACCEL-
 ERATION, DECELERATION, EXCESSIVE LATERAL MOVEMENT, NOISE AND VIBRATION.
   (III)  TRANSPORT  VEHICLE  OPERATORS AND INDIVIDUALS WHO ASSIST IN THE
 TRANSPORT OF ANIMALS SHALL OBSERVE DOGS AND  CATS  FOR  ANY  MEDICAL  OR
 BEHAVIORAL  CONCERNS DURING EACH STOP AND SHALL RESPOND APPROPRIATELY TO
 ANY CONCERNS IDENTIFIED.
   (IV) TRANSPORT VEHICLE OPERATORS AND INDIVIDUALS  WHO  ASSIST  IN  THE
 TRANSPORT  OF ANIMALS SHALL CLEAN AND DISINFECT EACH ENCLOSURE AFTER USE

 S. 6870                            20
 
 IN TRANSPORTING AN ANIMAL AND BEFORE TRANSPORTING DIFFERENT  ANIMALS  IN
 THE SAME ENCLOSURE.
   4.  GENERAL REQUIREMENTS OF DESTINATION ANIMAL SHELTERS. EACH DESTINA-
 TION ANIMAL SHELTER SHALL PROVIDE THE FOLLOWING:
   (A) ADEQUATELY TRAINED PERSONNEL READY TO RECEIVE AND MEDICALLY EVALU-
 ATE EACH ANIMAL RECEIVED FROM ANY TRANSPORTING  ANIMAL  SHELTER  OR  ITS
 AGENT UPON ARRIVAL;
   (B) A PHYSICAL EXAMINATION OF EACH ANIMAL RECEIVED FROM ANY TRANSPORT-
 ING ANIMAL SHELTER WITH CORRESPONDING DOCUMENTATION PERFORMED BY TRAINED
 PERSONNEL  PURSUANT TO SECTION FOUR HUNDRED TWENTY-THREE OF THIS ARTICLE
 WITHIN FOUR HOURS OF ARRIVAL;
   (C) VETERINARY CARE IN ACCORDANCE WITH SECTION  FOUR  HUNDRED  TWENTY-
 NINE  OF  THIS  ARTICLE  FOR  EACH ANIMAL RECEIVED FROM ANY TRANSPORTING
 ANIMAL SHELTER REQUIRING SUCH CARE AND ADDITIONAL REASONABLE CARE.
   (D) ADEQUATE HOUSING FOR  ARRIVING  ANIMALS  PREPARED  IN  ADVANCE  OF
 ARRIVAL, INCLUDING:
   (I)  HOUSING  IN  A  QUARANTINE AREA IF NEEDED, BASED ON ASSESSMENT OF
 HEALTH STATUS, ANIMAL SOURCE, AND RISK OF INFECTIOUS, CONTAGIOUS,  PARA-
 SITIC OR COMMUNICABLE DISEASE; AND
   (II)  ISOLATION  AREAS  FOR ANIMALS WITH KNOWN OR SUSPECTED CONTAGIOUS
 DISEASES, AS REQUIRED UNDER SECTIONS FOUR HUNDRED TWENTY-FOUR  AND  FOUR
 HUNDRED TWENTY-FIVE OF THIS ARTICLE.
   5. NO ANIMAL SHELTER OR ITS AGENTS SHALL TRANSPORT ANY DOG OR CAT LESS
 THAN  ONE  YEAR  OF AGE WHOSE POINT OF ORIGIN IS ANY BREEDER LICENSED BY
 THE UNITED STATES DEPARTMENT OF AGRICULTURE PURSUANT TO  THE  PROVISIONS
 OF  U.S.P.L.  89-544  AS OF AUGUST TWENTY-FOURTH, NINETEEN SIXTY-SIX, OR
 ANY SUBSEQUENT CORRESPONDING SECTIONS OF THE FEDERAL ANIMAL WELFARE ACT,
 AS FROM TIME TO TIME AMENDED.
   § 432. FOSTER CARE PROVIDER REQUIREMENTS. 1. NO PERSON MAY OPERATE  AS
 A FOSTER CARE PROVIDER IN THIS STATE WITHOUT FIRST HAVING SIGNED A WRIT-
 TEN  AGREEMENT  WITH AN ANIMAL SHELTER LICENSED PURSUANT TO THIS ARTICLE
 STATING THAT SUCH PERSON MAY OPERATE AS A FOSTER CARE PROVIDER WITH  THE
 APPROVAL  AND  UNDER  THE  RESPONSIBILITY  OF  SUCH ANIMAL SHELTER. SUCH
 AGREEMENT SHALL BE RENEWED NOT LESS THAN ONCE EVERY  TWO  YEARS,  AND  A
 COPY  OF  SUCH  AGREEMENT  SHALL  BE KEPT BY BOTH THE ANIMAL SHELTER AND
 FOSTER CARE PROVIDER AND MADE AVAILABLE FOR INSPECTION  BY  THE  COMMIS-
 SIONER  UPON REQUEST. IT SHALL BE THE RESPONSIBILITY OF THE ANIMAL SHEL-
 TER ENTERING INTO SUCH AGREEMENT WITH ANY FOSTER CARE PROVIDER  PURSUANT
 TO  THIS  ARTICLE  TO  ENSURE  THAT SUCH FOSTER CARE PROVIDER IS ABLE TO
 RESPONSIBLY HARBOR AND  PROVIDE  NECESSARY  SUSTENANCE  FOR  ANY  ANIMAL
 PLACED  IN  THEIR  CARE BY SUCH ANIMAL SHELTER IN A MANNER THAT PROMOTES
 THE GOOD HEALTH, SAFETY AND WELFARE OF SUCH ANIMALS. NO  ANIMAL  SHELTER
 SHALL  KNOWINGLY  ENTER  INTO ANY AGREEMENT PURSUANT TO THIS SUBDIVISION
 WITH ANY PERSON WHO HAS BEEN PREVIOUSLY CONVICTED OF A VIOLATION OF  ANY
 PROVISION  OF  ARTICLE TWENTY-SIX OF THIS CHAPTER OR REGULATIONS PROMUL-
 GATED THEREUNDER PERTAINING TO HUMANE TREATMENT OF ANIMALS,  CRUELTY  TO
 ANIMALS,  ENDANGERING  THE  LIFE OR HEALTH OF AN ANIMAL, OR VIOLATION OF
 ANY FEDERAL, STATE, OR LOCAL LAW  PERTAINING  TO  THE  CARE,  TREATMENT,
 SALE,  POSSESSION,  OR  HANDLING  OF  ANIMALS  OR ANY REGULATION OR RULE
 RELATING TO THE ENDANGERMENT OF THE LIFE OR HEALTH OF AN ANIMAL.
   2. FOSTER CARE PROVIDERS MAY HARBOR ANIMALS OWNED BY A LICENSED ANIMAL
 SHELTER BUT SHALL NOT OWN SUCH ANIMALS AND SHALL  KEEP  A  COPY  OF  THE
 CURRENT  RECORD  OF EACH ANIMAL HARBORED UNDER ANY AGREEMENT ESTABLISHED
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION.  SUCH RECORD SHALL BE MAIN-
 TAINED AT THE PHYSICAL PREMISES WHERE SUCH FOSTER CARE PROVIDERS  HARBOR
 SUCH ANIMALS. ANIMAL SHELTERS MAY, IF APPROPRIATE TO PROTECT THE IDENTI-

 S. 6870                            21
 
 TY OF THE SOURCE OF ANY ANIMAL, PROVIDE THEIR FOSTER CARE PROVIDERS WITH
 A PARTIAL ANIMAL RECORD THAT EXCLUDES THE NAME AND ADDRESS OF THE ORGAN-
 IZATION OR INDIVIDUAL FROM WHOM SUCH ANIMAL WAS OBTAINED AND THE DATE OF
 RECEIPT,  SO  LONG  AS  SUCH ANIMAL SHELTERS KEEP A COPY OF THE COMPLETE
 RECORD AT THE LOCATION WHERE  IT  MAINTAINS  SUCH  RECORDS  PURSUANT  TO
 SECTION  FOUR  HUNDRED TWENTY-THREE OF THIS ARTICLE. IT IS THE RESPONSI-
 BILITY OF THE ANIMAL SHELTER WITH WHICH SUCH FOSTER  CARE  PROVIDER  HAS
 ESTABLISHED  AN AGREEMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION TO
 ENSURE COMPLIANCE WITH THIS SUBDIVISION.
   3. ANY ANIMAL HARBORED BY A FOSTER  CARE  PROVIDER  PURSUANT  TO  THIS
 SECTION THAT IS AFFECTED BY AN INFECTIOUS OR CONTAGIOUS DISEASE SHALL BE
 HANDLED  IN A MANNER THAT PREVENTS THE SPREAD OF SUCH DISEASE IN ACCORD-
 ANCE WITH SUBDIVISION NINE OF SECTION FOUR HUNDRED TWENTY-FOUR  OF  THIS
 ARTICLE. IT SHALL BE THE RESPONSIBILITY OF THE ANIMAL SHELTER WITH WHICH
 SUCH  FOSTER  CARE  PROVIDER  HAS  ESTABLISHED  AN AGREEMENT PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION TO ENSURE COMPLIANCE WITH THIS  SUBDIVI-
 SION.
   §  433.  VIOLATIONS. 1. ANY ANIMAL SHELTER THAT VIOLATES ANY PROVISION
 OF THIS ARTICLE MAY BE SUBJECT TO LICENSURE DENIAL, REVOCATION,  SUSPEN-
 SION, OR REFUSAL OF LICENSE RENEWAL IN ACCORDANCE WITH THE PROVISIONS OF
 SUBDIVISION SEVEN OF SECTION FOUR HUNDRED TWENTY-ONE OF THIS ARTICLE.
   2.  VIOLATION  OF  ANY  PROVISION  OF  THIS  ARTICLE  SHALL BE A CIVIL
 OFFENSE, FOR WHICH A PENALTY OF NOT LESS THAN ONE  HUNDRED  DOLLARS  AND
 NOT  MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION MAY BE IMPOSED BY
 THE COMMISSIONER; PROVIDED, THAT WHENEVER THERE SHALL BE A VIOLATION  OF
 THIS  ARTICLE,  APPLICATION  MAY  BE MADE BY THE ATTORNEY GENERAL IN THE
 NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
 JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN  INJUNCTION,  AND  UPON
 NOTICE  TO  THE  DEFENDANT  OF  NOT  LESS  THAN FIVE DAYS, TO ENJOIN AND
 RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL  APPEAR  TO
 THE  SATISFACTION  OF  THE  COURT  OR JUSTICE THAT THE DEFENDANT HAS, IN
 FACT, VIOLATED THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY  SUCH  COURT
 OR  JUSTICE,  ENJOINING  AND  RESTRAINING ANY FURTHER VIOLATION, WITHOUT
 REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED
 THEREBY.  IN  ANY  SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE
 ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH  SIX  OF  SUBDIVISION  (A)  OF
 SECTION  EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES,
 AND DIRECT RESTITUTION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A
 VIOLATION  OF  THIS  ARTICLE  HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL
 PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS AND NOT MORE THAN ONE THOU-
 SAND DOLLARS. IN CONNECTION WITH  ANY  SUCH  PROPOSED  APPLICATION,  THE
 ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF
 THE  RELEVANT  FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL
 PRACTICE LAW AND RULES.
   3. ANY ANIMAL SHELTER THAT VIOLATES ANY  PROVISIONS  OF  THIS  ARTICLE
 SHALL  CORRECT  SUCH  VIOLATIONS TO THE SATISFACTION OF THE COMMISSIONER
 WITHIN A PERIOD NOT TO EXCEED TEN DAYS; PROVIDED,  HOWEVER,  THAT  WHERE
 SUCH  VIOLATION  POSES  A SEVERE OR IMMEDIATE THREAT TO PUBLIC HEALTH OR
 ANIMAL SAFETY OR WELL-BEING, SUCH VIOLATION SHALL BE  CORRECTED  TO  THE
 SATISFACTION  OF THE COMMISSIONER WITHIN A PERIOD NOT TO EXCEED SEVENTY-
 TWO HOURS.
   4. NOTHING IN THIS SECTION SHALL PRECLUDE THE COMMISSIONER FROM TAKING
 ADDITIONAL ACTIONS TO ADDRESS VIOLATIONS RELATED TO THE IMMEDIATE THREAT
 TO ANIMAL SAFETY OR WELL-BEING, INCLUDING BUT NOT LIMITED TO, SUSPENSION
 OF ANIMAL SHELTER OPERATIONS UNTIL SUCH VIOLATIONS ARE CORRECTED TO  THE
 SATISFACTION OF THE COMMISSIONER.

 S. 6870                            22

   5.  UPON  IDENTIFICATION  OF  ONE OF MORE VIOLATIONS, THE COMMISSIONER
 SHALL PROVIDE THE ANIMAL SHELTER  WITH  A  WRITTEN  DESCRIPTION  OF  ALL
 VIOLATIONS ISSUED AND THE STEPS NECESSARY TO CORRECT SUCH DEFICIENCIES.
   §  434. WAIVING OF REQUIREMENTS AUTHORIZED. THE COMMISSIONER IS HEREBY
 AUTHORIZED TO WAIVE THE REQUIREMENTS ESTABLISHED PURSUANT TO THIS  ARTI-
 CLE  DURING  A DISASTER EMERGENCY, PROVIDED THAT AN OFFICIAL DECLARATION
 OF SUCH DISASTER EMERGENCY HAS BEEN MADE BY THE GOVERNOR OR HIS  OR  HER
 DELEGATED  STATE OFFICIAL PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECU-
 TIVE LAW.
   § 3. The agriculture and markets  law  is  amended  by  adding  a  new
 section 383 to read as follows:
   §  383. SPECIAL PROVISIONS RELATED TO THE IMPORTATION OF DOGS AND CATS
 INTO THE STATE FOR SALE, RESALE OR ADOPTION. 1. ANY DOG OR CAT  IMPORTED
 INTO  THIS  STATE  FOR THE PURPOSES OF SALE, RESALE OR ADOPTION SHALL BE
 HELD BY THE CONSIGNEE FOR A PERIOD OF NOT LESS THAN  FORTY-EIGHT  HOURS.
 SUCH  DOG  OR CAT SHALL BE VACCINATED IN ACCORDANCE WITH SECTION TWENTY-
 ONE HUNDRED FORTY-ONE OF THE PUBLIC HEALTH LAW AND  PART  SIXTY-FIVE  OF
 THE COMMISSIONER'S RULES AND REGULATIONS.
   2. IF, DURING THE HOLDING PERIOD PRESCRIBED IN SUBDIVISION ONE OF THIS
 SECTION,  ANY  DOG  OR  CAT  IMPORTED INTO THE STATE FOR SALE, RESALE OR
 ADOPTION EXHIBITS SIGNS OF INFECTIOUS, CONTAGIOUS, PARASITIC OR COMMUNI-
 CABLE DISEASE, INCLUDING BUT NOT LIMITED TO COUGHING,  SNEEZING,  VOMIT-
 ING,  DIARRHEA  OR  BLOODY  STOOL,  SUCH DOG OR CAT MUST BE ISOLATED AND
 EXAMINED BY A DULY LICENSED ATTENDING VETERINARIAN IMMEDIATELY. ANY DOGS
 OR CATS THAT HAVE BEEN DEEMED EXPOSED TO SUCH DOG OR CAT MUST BE QUARAN-
 TINED, IF NECESSARY, UNDER THE DIRECTION OF SUCH ATTENDING  VETERINARIAN
 AND  HELD  UNTIL SUCH ATTENDING VETERINARIAN DECLARES THEM TO BE FREE OF
 DISEASE.
   3. ANY DOG OR CAT PASSING THROUGH  THE  STATE  TO  POINTS  BEYOND,  OR
 BROUGHT  INTO  THE STATE FOR TEMPORARY RESIDENCE FOR PURPOSES OF EXHIBI-
 TION, OR WHICH ENTERS THE STATE FOR DELIVERY  TO  RESEARCH  INSTITUTIONS
 SHALL  BE EXEMPT FROM THE PROVISIONS OF THIS SECTION, PROVIDED THAT SUCH
 DOG OR CAT IS AT ALL TIMES PROPERLY RESTRAINED AND UNDER  THE  IMMEDIATE
 CONTROL  OF THE OWNER OR CUSTODIAN, AND THAT SUCH DOG OR CAT IS ACCOMPA-
 NIED WITH PROOF OF PROPER IMMUNIZATION AGAINST RABIES.
   4. VIOLATION OF ANY  PROVISION  OF  THIS  SECTION  SHALL  BE  A  CIVIL
 OFFENSE,  FOR  WHICH  A PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS AND
 NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION SHALL BE  IMPOSED.
 ANY  PERSON LICENSED PURSUANT TO ARTICLE TWENTY-SIX-A OR TWENTY-SIX-C OF
 THIS CHAPTER WHO VIOLATES ANY PROVISION OF THIS SECTION MAY  BE  SUBJECT
 TO  DENIAL,  REVOCATION, SUSPENSION, OR REFUSAL OF RENEWAL OF HIS OR HER
 LICENSE IN ACCORDANCE WITH THE PROVISIONS OF SECTION FOUR HUNDRED  TWEN-
 TY-ONE OF THIS CHAPTER.
   §  4.  Paragraphs  (b)  and (c) of subdivision 4 of section 400 of the
 agriculture and markets law, as added by chapter  168  of  the  laws  of
 2017, are amended to read as follows:
   (b)  Any  municipal pound or shelter dedicated to the care of unwanted
 animals which makes such animals available for adoption whether or not a
 fee for such adoption is charged, established and maintained pursuant to
 subdivision one of section one hundred fourteen  of  this  chapter,  AND
 THAT  IS  DULY LICENSED AS AN ANIMAL SHELTER PURSUANT TO ARTICLE TWENTY-
 SIX-C OF THIS CHAPTER; and
   (c) Any duly incorporated society for the  prevention  of  cruelty  to
 animals,  duly  incorporated  humane  society,  duly incorporated animal
 protective association or other duly  incorporated  animal  adoption  or
 animal  rescue  organization  dedicated  to the care of unwanted animals

 S. 6870                            23
 
 which makes such animals available for adoption whether or not a fee for
 such adoption is charged that is exempt from taxes pursuant to paragraph
 (3) of subsection (c) of section 501 of  the  federal  Internal  Revenue
 Code,  26  U.S.C.  501,  or any subsequent corresponding sections of the
 federal Internal Revenue Code, as from time to  time  amended,  that  is
 [registered  with  the  department]  DULY  LICENSED AS AN ANIMAL SHELTER
 pursuant to [section four hundred eight] ARTICLE  TWENTY-SIX-C  of  this
 [article] CHAPTER.
   §  5. Subdivision 3 of section 403 of the agriculture and markets law,
 as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
 follows:
   3. Each application for a license shall be accompanied by a nonrefund-
 able  fee  of  one hundred FIFTY dollars[, except that those pet dealers
 who engage in the sale of less than twenty-five animals in a year, shall
 pay a nonrefundable fee of twenty-five dollars].
   § 6. Section 408 of the agriculture and markets law is REPEALED.
   § 7. Section 380 of the agriculture and markets law, as added by chap-
 ter 470 of the laws of 2017, is renumbered section 382.
   § 8. Subdivision 3 of section 752 of  the  general  business  law,  as
 amended  by  chapter  168  of  the  laws  of 2017, is amended to read as
 follows:
   3. For purposes of section seven hundred fifty-three of this  article,
 a  "pet  dealer"  shall  mean  any person who, in the ordinary course of
 business, engages in the sale or offering for sale  of  more  than  nine
 animals per year for profit to the public. Such definition shall include
 breeders  of  animals  who  sell or offer for sale animals directly to a
 consumer but it shall not include any municipal pound or shelter  estab-
 lished and maintained pursuant to subdivision one of section one hundred
 fourteen  of  the  agriculture  and  markets law AND DULY LICENSED AS AN
 ANIMAL SHELTER PURSUANT TO ARTICLE TWENTY-SIX-C OF THE  AGRICULTURE  AND
 MARKETS  LAW,  or  any  duly  incorporated society for the prevention of
 cruelty to animals, duly incorporated humane society, duly  incorporated
 animal protective association or other duly incorporated animal adoption
 or  animal  rescue organization that is tax exempt pursuant to paragraph
 (3) of subsection (c) of section 501 of  the  federal  Internal  Revenue
 Code,  26  U.S.C.  501,  or any subsequent corresponding sections of the
 federal Internal Revenue Code, as from time to time  amended,  that  [is
 registered  with  the  department]  DULY  LICENSED  AS AN ANIMAL SHELTER
 pursuant to [section four hundred eight]  ARTICLE  TWENTY-SIX-C  of  the
 agriculture  and  markets  law.  For  purposes of sections seven hundred
 fifty-three-a, seven hundred fifty-three-b, seven hundred  fifty-three-c
 and seven hundred fifty-three-d of this article, "pet dealer" shall mean
 any  person  who  engages  in the sale or offering for sale of more than
 nine animals per year for profit to the public.  Such  definition  shall
 include  breeders who sell animals; but it shall not include the follow-
 ing:
   (a) Any breeder who sells or offers to sell directly to  the  consumer
 fewer  than twenty-five animals per year that are born and raised on the
 breeders residential premises.
   (b) Any municipal pound or shelter established and maintained pursuant
 to subdivision one of section one hundred fourteen  of  the  agriculture
 and markets law AND DULY LICENSED AS AN ANIMAL SHELTER PURSUANT TO ARTI-
 CLE TWENTY-SIX-C OF THE AGRICULTURE AND MARKETS LAW.
   (c)  Any  duly  incorporated  society for the prevention of cruelty to
 animals, duly incorporated  humane  society,  duly  incorporated  animal
 protective  association  or  other  duly incorporated animal adoption or

 S. 6870                            24

 animal rescue organization that is exempt from taxes pursuant  to  para-
 graph  (3)  of  subsection  (c)  of  section 501 of the federal Internal
 Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of
 the federal Internal Revenue Code, as from time to time amended, that is
 [registered  with  the  department]  DULY  LICENSED AS AN ANIMAL SHELTER
 pursuant to [section four hundred eight]  ARTICLE  TWENTY-SIX-C  of  the
 agriculture and markets law.
   § 9. The state finance law is amended by adding a new section 99-nn to
 read as follows:
   §  99-NN.  ANIMAL  SHELTER  REGULATION FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF TAXATION AND FINANCE, A FUND TO BE KNOWN  AS  THE  ANIMAL  SHELTER
 REGULATION FUND.
   2. SUCH FUND SHALL CONSIST OF ALL MONIES COLLECTED PURSUANT TO ARTICLE
 TWENTY-SIX-C  OF  THE  AGRICULTURE AND MARKETS LAW, AND ALL OTHER MONIES
 CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR  SOURCE  PURSUANT
 TO LAW.
   3.  MONIES  OF  THE  FUND SHALL BE EXPENDED SOLELY FOR THE PURPOSES OF
 CARRYING OUT THE PROVISIONS OF ARTICLE TWENTY-SIX-C OF  THE  AGRICULTURE
 AND  MARKETS LAW.  MONIES SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND
 WARRANT OF THE STATE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSION-
 ER OF AGRICULTURE AND MARKETS. ANY INTEREST RECEIVED BY THE  COMPTROLLER
 ON  MONIES ON DEPOSIT IN THE PET DEALER LICENSING FUND SHALL BE RETAINED
 IN AND BECOME PART OF SUCH FUND.
   § 10. This act shall take effect  three  years  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
 by the commissioner of agriculture and markets on or before such  effec-
 tive date.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6870--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2021
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture -- recommitted
   to the Committee on Agriculture in accordance with Senate Rule 6, sec.
   8 -- committee discharged, bill amended, ordered reprinted as  amended
   and recommitted to said committee

 AN  ACT  to amend the agriculture and markets law, in relation to stand-
   ards of care for animals held in,  or  being  transported  by,  animal
   shelters;  to amend the general business law, in relation to pet deal-
   ers; to amend the state finance law, in relation  to  establishing  an
   animal  shelter  regulation  fund; and to repeal certain provisions of
   the agriculture and markets law relating to pet dealers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.  The  department  of agriculture and
 markets holds statutory responsibility for the  oversight  of  municipal
 animal  shelters and any duly incorporated humane society, duly incorpo-
 rated society for the prevention of cruelty to animals or duly  incorpo-
 rated  animal  protective association providing contractual animal shel-
 tering services for local governments in this state. The department also
 holds statutory responsibility  for  registering  not-for-profit  animal
 shelters  or  rescue organizations as entities exempt from licensure and
 inspection under the agency's pet dealer program. Currently however,  no
 statutory  facility or animal care standards exist in law to which these
 organizations must conform to adequately  and  uniformly  ensure  animal
 health  and  wellbeing  at and in transport to and from such facilities.
 The legislature finds that the universe of entities  harboring  homeless
 dogs and cats in our communities and providing animal transport in-state
 and across state lines has evolved and grown exponentially over the past
 several  decades,  rendering  the  existing  statutory framework for the
 oversight of such entities deficient and benefiting neither the adoptive
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09094-07-2
 S. 6870--A                          2

 
 families of dogs and cats in need nor the  organizations  that  work  so
 diligently to find safe, loving homes for them.
   Therefore,  it  is the stated purpose of this legislation to establish
 responsible, uniform and effective standards for the care  of  dogs  and
 cats  in  animal  shelters as defined herein to improve state oversight,
 ensure public trust and  provide  for  increased  protections  for  such
 animals while in the care of such facilities.
   §  2. The agriculture and markets law is amended by adding a new arti-
 cle 26-C to read as follows:
                               ARTICLE 26-C
                       REGULATION OF ANIMAL SHELTERS
 SECTION 420. DEFINITIONS.
         421. LICENSE REQUIRED AND INSPECTION OF FACILITIES.
         422. PERSONNEL TRAINING REQUIREMENTS.
         423. RECORDKEEPING AND PROTOCOLS.
         424. GENERAL FACILITY STANDARDS.
         425. ANIMAL HOUSING.
         426. SANITATION.
         427. SHELTER MANAGEMENT PROTOCOLS.
         428. ANIMAL HUSBANDRY.
         429. VETERINARY CARE.
         430. BEHAVIOR.
         431. TRANSPORTATION.
         432. FOSTER CARE PROVIDER REQUIREMENTS.
         433. VIOLATIONS.
         434. WAIVING OF REQUIREMENTS AUTHORIZED.
   § 420. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ADOPTION" MEANS THE TRANSFER OF LEGAL OWNERSHIP TO AND POSSESSION
 BY ANY NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER,  FOR  THE  LIMITED
 PURPOSE OF HARBORING A PET, OF ANY DOG OR CAT, OWNED BY THE ANIMAL SHEL-
 TER REGARDLESS OF WHETHER A FEE IS INVOLVED.
   2.  "ADULT" SHALL MEAN CATS AND DOGS FIVE MONTHS OF AGE AND OLDER, FOR
 THE PURPOSES OF DETERMINING APPROPRIATE HOUSING WITHIN AN  ANIMAL  SHEL-
 TER.
   3.  "ANIMAL"  SHALL  MEAN A DOG OR CAT AS DEFINED IN THIS SECTION, BUT
 SHALL NOT BE CONSTRUED TO DIMINISH OR RESTRICT THE MISSION OF ANY ANIMAL
 SHELTER DEFINED IN THIS SECTION OR OTHER ENTITY DULY INCORPORATED PURSU-
 ANT TO SECTION FOURTEEN HUNDRED THREE OF THE NOT-FOR-PROFIT  CORPORATION
 LAW SOLELY TO THE CARE OF DOGS OR CATS.
   4.  "AIR  HANDLING  SYSTEM" SHALL MEAN THE DEVICE OR EQUIPMENT USED TO
 REGULATE, CIRCULATE, EXCHANGE, HEAT, AND/OR COOL THE AIR INSIDE A BUILD-
 ING.
   5. "AMBIENT TEMPERATURE" SHALL MEAN THE TEMPERATURE OF THE ENVIRONMENT
 INSIDE A ROOM OR BUILDING.
   6. "ANIMAL SHELTER" SHALL  MEAN  A  PUBLIC  OR  NOT-FOR-PROFIT  ENTITY
 OWNING,  OPERATING,  OR  OTHERWISE MAINTAINING A BUILDING, STRUCTURE, OR
 FACILITY WHERE TEMPORARY OR PERMANENT HOUSING AND CARE  IS  PROVIDED  TO
 STRAY, ABANDONED, ABUSED, SEIZED, IMPOUNDED, OWNER-SURRENDERED OR OTHER-
 WISE  UNWANTED  ANIMALS  REGARDLESS OF WHETHER OR NOT SUCH FACILITY ALSO
 SERVES AS A PERSONAL RESIDENCE. THIS INCLUDES BUT  IS  NOT  LIMITED  TO:
 FACILITIES OWNED, OPERATED, OR MAINTAINED BY A DULY INCORPORATED SOCIETY
 FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCI-
 ETY  DOG  OR  CAT  PROTECTIVE  ASSOCIATION,  OR POUND; ANY PERSON IN THE
 EMPLOY OF, OR ORGANIZATION OPERATED BY OR UNDER CONTRACT  TO  A  MUNICI-
 PALITY  TO  PROVIDE  CARE  FOR SEIZED OR IMPOUNDED ANIMALS; OR ANY OTHER
 S. 6870--A                          3

 NOT-FOR-PROFIT ORGANIZATION INVOLVED IN THE PROTECTION, CARE, OR  REHOM-
 ING  OF  ANIMALS.  UNLESS  OTHERWISE  PROVIDED IN THIS ARTICLE, THE TERM
 "ANIMAL SHELTER" SHALL NOT INCLUDE THE PERSONAL RESIDENCE OF ANY  FOSTER
 CARE PROVIDER AS DEFINED IN THIS SECTION; A FACILITY COMMONLY KNOWN AS A
 BOARDING  KENNEL,  WHERE THE OWNERSHIP OF THE ANIMAL IS NOT TRANSFERRED;
 ANY ENTITY LICENSED AS A PET DEALER PURSUANT TO ARTICLE TWENTY-SIX-A  OF
 THIS  CHAPTER;  ANY DULY INCORPORATED ANIMAL HOSPITAL OWNED, OPERATED OR
 SUPERVISED BY A DULY LICENSED VETERINARIAN; OR ANY  FACILITY  WHERE  THE
 OWNER  OR OPERATOR IS LICENSED BY THE NEW YORK STATE DEPARTMENT OF ENVI-
 RONMENTAL CONSERVATION AS A NUISANCE WILDLIFE CONTROL AGENT OR  WILDLIFE
 REHABILITATOR.
   7. "ASEPTIC" SHALL MEAN PROCEDURES OR TECHNIQUES PERFORMED IN A MANNER
 SUFFICIENT  TO  EXCLUDE  HARMFUL BACTERIA, VIRUSES, OR OTHER MICROORGAN-
 ISMS.
   8. "BEHAVIORAL EVALUATION" SHALL MEAN  AN  ORDERED  SERIES  OF  INTER-
 ACTIONS WITH AN ANIMAL TO DETERMINE THEIR BEHAVIORAL RESPONSE TO VARIOUS
 STIMULI LIKELY TO BE ENCOUNTERED IN A TYPICAL HOME ENVIRONMENT.
   9.  "CAT" SHALL MEAN ANY MEMBER OF THE SPECIES FELIS CATUS, REGARDLESS
 OF AGE, SEX, BREED, OWNERSHIP STATUS OR BEHAVIOR AROUND HUMANS.
   10. "CHEMICAL CAPTURE" SHALL MEAN THE USE OF DRUGS ADMINISTERED TO  AN
 ANIMAL  BY  A  REMOTE  DELIVERY SYSTEM IN ORDER TO IMMOBILIZE IT FOR THE
 PURPOSES OF CAPTURE.
   11. "CLEANING" SHALL MEAN THE PHYSICAL REMOVAL OF DEBRIS  AND  ORGANIC
 MATERIAL FROM AN ENVIRONMENT.
   12. "CONSPECIFIC" SHALL MEAN ANOTHER MEMBER OF THE SAME SPECIES.
   13. "CONTROL POLE" SHALL MEAN A RESTRAINT DEVICE CONSISTING OF A RIGID
 METAL POLE WITH AN ADJUSTABLE WIRE NOOSE USED FOR HANDLING AND RESTRAINT
 OF DOGS, ALSO COMMONLY REFERRED TO AS A CATCH POLE OR RABIES POLE.
   14.  "DEATH",  FOR  THE  PURPOSES  OF DESCRIBING THE DISPOSITION OF AN
 ANIMAL, SHALL MEAN THOSE ANIMALS WHO DIE BUT ARE NOT EUTHANIZED, REGARD-
 LESS OF CAUSE.
   15. "DISINFECTION" SHALL MEAN THE  PROCESS  WHERE  MICROORGANISMS  ARE
 KILLED  OR  INACTIVATED, TYPICALLY THROUGH THE APPLICATION OF A CHEMICAL
 OR BY SOME PHYSICAL PROCESS (E.G. STEAM, HEAT, ETC).
   16. "DOG" SHALL MEAN ANY MEMBER OF THE SPECIES CANIS LUPIS FAMILIARIS,
 REGARDLESS OF AGE, SEX, BREED,  OWNERSHIP  STATUS,  OR  BEHAVIOR  AROUND
 HUMANS.
   17. "DROP BOXES" SHALL MEAN UNATTENDED ENCLOSURES AT AN ANIMAL SHELTER
 THAT ARE ACCESSIBLE TO THE PUBLIC AND USED TO CONTAIN ANIMALS BROUGHT TO
 THE ANIMAL SHELTER OUTSIDE OF REGULAR BUSINESS HOURS.
   18.  "ENCLOSURE"  SHALL  BE DEFINED AS AN AREA OF CONFINEMENT USED FOR
 HOUSING A SINGLE ANIMAL OR GROUP OF ANIMALS HOUSED TOGETHER.  AN  ENCLO-
 SURE MAY BE A CAGE, RUN, KENNEL, ROOM, OR OTHER SUCH CONFINING AREA.
   19. "ENRICHED" SHALL MEAN ENVIRONMENT THAT REDUCES STRESS AND PROMOTES
 THE PHYSICAL HEALTH AND BEHAVIORAL WELL-BEING OF AN ANIMAL.
   20.  "ENRICHMENT"  SHALL  MEAN A PROCESS FOR IMPROVING THE ENVIRONMENT
 AND BEHAVIORAL CARE OF CONFINED ANIMALS IN ORDER TO  REDUCE  STRESS  AND
 IMPROVE  WELL-BEING.    ENRICHMENT SHALL INCLUDE, BUT NOT BE LIMITED TO,
 PROVIDING PHYSICAL AND MENTAL STIMULATION,  ENCOURAGING  SPECIES-TYPICAL
 BEHAVIORS, AND MODIFYING THE ANIMAL'S HOUSING ENVIRONMENT.
   21.  "FOSTER  CARE  PROVIDER"  SHALL  MEAN  ANY INDIVIDUAL VOLUNTARILY
 PROVIDING TEMPORARY CARE FOR ONE OR MORE  ANIMALS  IN  THEIR  HOME  THAT
 REMAIN IN THE CUSTODY AND UNDER THE RESPONSIBILITY OF AN ANIMAL SHELTER.
   22.  "INFECTIOUS  DISEASE" SHALL MEAN A DISEASE OR CONDITION CAUSED BY
 BACTERIA, VIRUSES, FUNGI OR PARASITES THAT CAN BE TRANSMITTED,  DIRECTLY
 OR INDIRECTLY, FROM ONE ANIMAL OR INDIVIDUAL TO ANOTHER.
 S. 6870--A                          4
 
   23.  "INTRACARDIAC"  SHALL MEAN AN INJECTION MADE DIRECTLY INTO ONE OF
 THE CHAMBERS OF THE HEART.
   24. "INTRAHEPATIC" SHALL MEAN AN INJECTION MADE INTO THE LIVER.
   25. "INTRARENAL" SHALL MEAN AN INJECTION MADE INTO THE KIDNEY.
   26. "INTRASPLENIC" SHALL MEAN AN INJECTION MADE INTO THE SPLEEN.
   27.  "JUVENILE"  SHALL MEAN ANY CAT OR DOG BETWEEN TWO AND FIVE MONTHS
 OF AGE FOR THE PURPOSES OF DETERMINING  APPROPRIATE  HOUSING  WITHIN  AN
 ANIMAL SHELTER.
   28.  "LOSS"  FOR  THE  PURPOSES  OF  DESCRIBING  THE DISPOSITION OF AN
 ANIMAL, SHALL MEAN THOSE ANIMALS WHO ESCAPE OR GO MISSING WHILE  IN  THE
 CARE OF AN ANIMAL SHELTER.
   29.  "LONG-TERM  STAY"  SHALL  MEAN  ANY DURATION OF CARE IN AN ANIMAL
 SHELTER OF FOURTEEN DAYS OR LONGER.
   30. "NEONATE" SHALL MEAN ANY CAT OR DOG LESS THAN TWO MONTHS  OF  AGE,
 FOR  THE  PURPOSES  OF  DETERMINING APPROPRIATE HOUSING WITHIN AN ANIMAL
 SHELTER.
   31. "PATHOGEN" SHALL MEAN  A  BIOLOGIC  ORGANISM  CAPABLE  OF  CAUSING
 DISEASE IN AN ANIMAL, SUCH AS A BACTERIA, VIRUS, OR FUNGUS.
   32.  "PRIMARY  ENCLOSURE"  SHALL MEAN THE AREA OF CONFINEMENT USED FOR
 HOUSING AN ANIMAL AND WHERE THE ANIMAL SPENDS THE MAJORITY OF  ITS  TIME
 IN AN ANIMAL SHELTER.
   33. "THERMOREGULATION" SHALL MEAN THE ABILITY OF AN ANIMAL TO MAINTAIN
 ITS INTERNAL BODY TEMPERATURE WITHIN A NORMAL PHYSIOLOGIC RANGE.
   34. "TRANSPORT" SHALL MEAN THE PHYSICAL MOVEMENT OF AN ANIMAL FROM ONE
 LOCATION TO ANOTHER, REGARDLESS OF PURPOSE AND WHETHER OR NOT CUSTODY OR
 RESPONSIBILITY  FOR SUCH ANIMAL CHANGES AS A RESULT, WHEN CARRIED OUT BY
 THE SHELTER OR AN AGENT THEREOF.
   35. "TRANSFER" SHALL MEAN  THE  TRANSFER  OF  OWNERSHIP  AND  PHYSICAL
 CUSTODY  OF AN ANIMAL FOR AN ANIMAL'S CARE AND WELL-BEING FROM AN ANIMAL
 SHELTER TO ANOTHER ORGANIZATION AS AUTHORIZED  PURSUANT  TO  SUBDIVISION
 FIVE OF SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
   36.  "UNENVELOPED  VIRUS"  SHALL  MEAN  THOSE VIRUSES WITHOUT AN OUTER
 LIPID LAYER THAT ARE MORE DIFFICULT  TO  INACTIVATE  THROUGH  SANITATION
 PROCEDURES.    UNENVELOPED VIRUSES OF CONCERN IN AN ANIMAL SHELTER ENVI-
 RONMENT INCLUDE CANINE AND FELINE PARVOVIRUSES, FELINE CALICIVIRUS,  AND
 CANINE ADENOVIRUS-2.
   37.  "ZOONOTIC" SHALL MEAN ANY DISEASE THAT MAY BE TRANSMITTED BETWEEN
 HUMANS AND ANIMALS.
   § 421. LICENSE REQUIRED AND INSPECTION OF FACILITIES.  1.  ANY  PERSON
 ELIGIBLE  FOR  EXEMPTION  FROM  THE DEFINITION OF PET DEALER PURSUANT TO
 PARAGRAPHS (B) AND (C) OF SUBDIVISION FOUR OF SECTION  FOUR  HUNDRED  OF
 THIS  CHAPTER  SHALL  BE  LICENSED  BY  THE  DEPARTMENT  PURSUANT TO THE
 PROVISIONS OF THIS SECTION. NOTWITHSTANDING THE FOREGOING,  ANY  PERSON,
 OPERATING  AN  ANIMAL  SHELTER  ON  OR BEFORE THE EFFECTIVE DATE OF THIS
 SECTION, WHO HAS FILED AN APPLICATION FOR AN INITIAL LICENSE UNDER  THIS
 ARTICLE  IS  HEREBY AUTHORIZED TO OPERATE WITHOUT SUCH LICENSE UNTIL THE
 COMMISSIONER GRANTS OR, AFTER NOTICE OF  AN  OPPORTUNITY  TO  BE  HEARD,
 DECLINES  TO  GRANT  SUCH LICENSE. EACH APPLICATION FOR LICENSE SHALL BE
 MADE ON A FORM SUPPLIED BY THE DEPARTMENT AND SHALL CONTAIN SUCH  INFOR-
 MATION  AS  REQUIRED  BY THE COMMISSIONER. RENEWAL APPLICATIONS SHALL BE
 SUBMITTED TO  THE  COMMISSIONER  AT  LEAST  THIRTY  DAYS  PRIOR  TO  THE
 COMMENCEMENT OF THE NEXT LICENSE YEAR.
   2.  APPLICATION  FOR  LICENSURE  AS SET FORTH IN THIS SECTION SHALL BE
 MADE ANNUALLY TO THE COMMISSIONER ON A FORM PRESCRIBED  BY  THE  COMMIS-
 SIONER.  SUCH  FORM  SHALL  INCLUDE  BUT NOT BE LIMITED TO THE FOLLOWING
 INFORMATION, PROVIDED HOWEVER THAT PARAGRAPHS (A), (B) AND (C)  OF  THIS
 S. 6870--A                          5
 
 SUBDIVISION  SHALL  NOT APPLY TO MUNICIPAL POUNDS OR SHELTERS AS DEFINED
 IN PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION  FOUR  HUNDRED  OF  THIS
 CHAPTER:
   (A)  PROOF OF THE APPLICANT'S TAX EXEMPT DESIGNATION PURSUANT TO PARA-
 GRAPH 3 OF SUBSECTION (C) OF SECTION 501 OF THE FEDERAL INTERNAL REVENUE
 CODE, 26 U.S.C. 501, OR ANY SUBSEQUENT  CORRESPONDING  SECTIONS  OF  THE
 FEDERAL INTERNAL REVENUE CODE, AS FROM TIME TO TIME AMENDED;
   (B)  PROOF OF THE APPLICANT'S INCORPORATION AS A NOT-FOR-PROFIT ORGAN-
 IZATION IN THIS STATE PURSUANT TO THE  NOT-FOR-PROFIT  CORPORATION  LAW,
 PROVIDED  FURTHER  THAT  SUCH  ORGANIZATION IS IN GOOD STANDING WITH THE
 ATTORNEY GENERAL AND THE DEPARTMENT OF STATE;
   (C) PROOF OF THE APPLICANT'S REGISTRATION WITH  THE  ATTORNEY  GENERAL
 PURSUANT TO ARTICLE SEVEN-A OF THE EXECUTIVE LAW;
   (D)  IF  THE  APPLICANT  IS A MUNICIPAL POUND OR SHELTER AS DEFINED IN
 PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED OF THIS  CHAP-
 TER, A COPY OF THE APPLICANT'S EMPLOYER IDENTIFICATION NUMBER;
   (E)  THE  NAME  OF THE APPLICANT AND THE NAME OR NAMES UNDER WHICH THE
 APPLICANT OFFERS ITS SERVICES TO THE PUBLIC, ANY NAME  UNDER  WHICH  THE
 APPLICANT  HAS  OFFERED SUCH SERVICES TO THE PUBLIC DURING THE PAST FIVE
 YEARS, AND WHETHER THE APPLICANT HAS EVER  HELD  A  PET  DEALER  LICENSE
 ISSUED PURSUANT TO ARTICLE TWENTY-SIX-A OF THIS CHAPTER;
   (F)  THE  ADDRESS  AND  TELEPHONE  NUMBER OF THE APPLICANT AND FOR ANY
 OTHER PREMISES OWNED OR LEASED BY SUCH APPLICANT'S ORGANIZATION TO CARRY
 OUT THE PURPOSES FOR WHICH IT WAS INCORPORATED AND BY WHICH IT IS ELIGI-
 BLE FOR A LICENSING EXEMPTION PURSUANT TO  PARAGRAPHS  (B)  AND  (C)  OF
 SUBDIVISION FOUR OF SECTION FOUR HUNDRED OF THIS CHAPTER;
   (G) THE WEBSITE AND EMAIL ADDRESS OF THE APPLICANT;
   (H)  THE NUMBER OF ANIMALS TAKEN IN, ADOPTED, PLACED INTO PERMANENT OR
 TEMPORARY HOMES, OR OTHERWISE TRANSFERRED INTO, OUT OF,  OR  WITHIN  THE
 STATE BY THE APPLICANT DURING THE PRIOR CALENDAR YEAR;
   (I) THE NUMBER OF ANIMALS CURRENTLY HARBORED BY THE APPLICANT;
   (J)  THE  SPECIES  OF  ANIMAL  THE  APPLICANT  TYPICALLY  HARBORS  FOR
 ADOPTION, PLACEMENT OR TRANSFER;
   (K) A DESCRIPTION OF FACILITIES BY WHICH THE APPLICANT CARRIES OUT THE
 PURPOSES FOR WHICH IT WAS INCORPORATED, INCLUDING A STATEMENT  REGARDING
 WHETHER  THE  APPLICANT HARBORS THE ANIMALS IN ITS CARE IN ITS OWN PHYS-
 ICAL ANIMAL SHELTER OR UTILIZES FOSTER CARE PROVIDER  HOMES,  COMMERCIAL
 BOARDING KENNELS OR OTHER ARRANGEMENTS;
   (L) A SWORN STATEMENT, SIGNED BY THE APPLICANT, DECLARING AN EXEMPTION
 FROM  THE  DEFINITION  OF PET DEALER PURSUANT TO SECTION FOUR HUNDRED OF
 THIS CHAPTER;
   (M) CURRENT TRAINING PROTOCOL AND PROCEDURAL PRACTICES  AS  PRESCRIBED
 PURSUANT  TO  SECTIONS  FOUR HUNDRED TWENTY-TWO AND FOUR HUNDRED TWENTY-
 THREE OF THIS ARTICLE; AND
   (N) OTHER INFORMATION AS DEEMED NECESSARY TO SATISFY THE  COMMISSIONER
 OF THE APPLICANT'S CHARACTER AND RESPONSIBILITY.
   3.  THE  COMMISSIONER  SHALL  CONDUCT AN INSPECTION OF THE APPLICANT'S
 FACILITIES PRIOR TO THE ISSUANCE OF A LICENSE PURSUANT TO THIS  SECTION,
 AND  ANNUAL  INSPECTIONS OF THE APPLICANT'S FACILITIES LICENSED PURSUANT
 TO THIS SECTION PRIOR TO RENEWAL OF SUCH LICENSE. THE  COMMISSIONER  MAY
 PERIODICALLY  CONDUCT  UNANNOUNCED  INSPECTIONS  OF SUCH FACILITIES, AND
 WHENEVER, IN THE DISCRETION OF THE COMMISSIONER,  A  COMPLAINT  WARRANTS
 SUCH  INVESTIGATION.   ANIMAL SHELTERS LICENSED PURSUANT TO THIS SECTION
 SHALL PROVIDE OPEN HOURS TO THE COMMISSIONER  SO  THAT  INSPECTIONS  CAN
 OCCUR IN A TIMELY MANNER. RENEWAL OF AN ANIMAL SHELTER LICENSE SHALL NOT
 BE  GRANTED  UNTIL  ALL  OUTSTANDING  VIOLATIONS ISSUED PURSUANT TO THIS
 S. 6870--A                          6
 
 ARTICLE ARE CORRECTED AND ANY OUTSTANDING  MONETARY  PENALTIES  ASSESSED
 PURSUANT TO THIS ARTICLE ARE PAID IN FULL.
   4.  UPON  VALIDATION BY THE COMMISSIONER, THE APPLICATION SHALL BECOME
 THE LICENSE OF THE ANIMAL SHELTER AND AN EXEMPTION FROM  THE  DEFINITION
 OF  PET  DEALER AS DEFINED IN SECTION FOUR HUNDRED OF THIS CHAPTER SHALL
 BE GRANTED. THE COMMISSIONER SHALL RETAIN A COPY  OF  SUCH  LICENSE  AND
 PROVIDE  A  COPY  OF THE LICENSE TO THE ANIMAL SHELTER.  ANIMAL SHELTERS
 LICENSED PURSUANT TO THIS  SECTION  SHALL  CONSPICUOUSLY  DISPLAY  THEIR
 LICENSE ON THE PREMISES WHERE ITS ANIMALS ARE HARBORED. THE COMMISSIONER
 SHALL  ALSO PROVIDE THE LICENSEE WITH A PET DEALER EXEMPTION IDENTIFICA-
 TION NUMBER. THE LICENSEE'S PET DEALER EXEMPTION  IDENTIFICATION  NUMBER
 SHALL BE PROMINENTLY DISPLAYED ON THE LICENSEE'S WEBSITES AND ANY PUBLI-
 CATIONS OR ADVERTISEMENTS MADE AVAILABLE TO THE PUBLIC.
   5.  SUCH  LICENSE  SHALL  BE RENEWABLE ANNUALLY, UPON THE PAYMENT OF A
 NONREFUNDABLE FEE OF ONE HUNDRED FIFTY DOLLARS.
   6. THE MONEYS RECEIVED BY THE COMMISSIONER PURSUANT  TO  THIS  SECTION
 SHALL  BE  DEPOSITED IN THE "ANIMAL SHELTER REGULATION FUND" ESTABLISHED
 PURSUANT TO SECTION NINETY-NINE-OO OF THE STATE FINANCE LAW.
   7. THE COMMISSIONER MAY DECLINE TO GRANT OR RENEW, OR MAY  SUSPEND  OR
 REVOKE  AN  ANIMAL  SHELTER LICENSE, ON ANY ONE OR MORE OF THE FOLLOWING
 GROUNDS, PROVIDED THAT BEFORE ANY  OF  THE  AFOREMENTIONED  ACTIONS  ARE
 TAKEN  PURSUANT  TO THIS SECTION, THE COMMISSIONER SHALL HOLD A HEARING,
 UPON DUE NOTICE TO THE  LICENSEE  IN  ACCORDANCE  WITH  ANY  REGULATIONS
 PROMULGATED  BY THE DEPARTMENT AND IN ACCORDANCE WITH ARTICLES THREE AND
 FOUR OF THE STATE ADMINISTRATIVE PROCEDURE  ACT,  AND  PROVIDED  FURTHER
 THAT  ANY  ACTION OF THE COMMISSIONER IS SUBJECT TO JUDICIAL REVIEW IN A
 PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE  CIVIL  PRACTICE  LAW  AND
 RULES:
   (A) MATERIAL MISSTATEMENT IN THE LICENSE APPLICATION;
   (B)  MATERIAL  MISSTATEMENT IN OR FALSIFICATION OF RECORDS REQUIRED TO
 BE KEPT PURSUANT TO THIS ARTICLE, OR UNDER  ANY  REGULATION  PROMULGATED
 THEREUNDER,  OR  FAILURE TO ALLOW THE COMMISSIONER TO INSPECT RECORDS OF
 ANIMAL SHELTER FACILITIES;
   (C) VIOLATION OF ANY PROVISION OF THIS  ARTICLE  OR  CONVICTION  OF  A
 VIOLATION  OF  ANY  PROVISION  OF  ARTICLE TWENTY-SIX OF THIS CHAPTER OR
 REGULATIONS PROMULGATED THEREUNDER PERTAINING  TO  HUMANE  TREATMENT  OF
 ANIMALS,  CRUELTY  TO  ANIMALS,  ENDANGERING  THE  LIFE  OR HEALTH OF AN
 ANIMAL, OR VIOLATION OF ANY FEDERAL, STATE, OR LOCAL LAW  PERTAINING  TO
 THE  CARE,  TREATMENT,  SALE,  POSSESSION, OR HANDLING OF ANIMALS OR ANY
 REGULATION OR RULE RELATING TO THE ENDANGERMENT OF THE LIFE OR HEALTH OF
 AN ANIMAL;
   (D) FAILURE TO COMPLY WITH ANY OF THE PROVISIONS OF  THIS  ARTICLE  OR
 THE  LICENSING  EXEMPTION  REQUIREMENTS  OF SECTION FOUR HUNDRED OF THIS
 CHAPTER; 1 NYCRR PART 65 REGARDING THE IMPORTATION  OF  DOGS  AND  CATS;
 SECTION  TWENTY-ONE  HUNDRED  FORTY-ONE  OF THE PUBLIC HEALTH LAW OR ANY
 RULE OR REGULATION PROMULGATED THEREUNDER; OR  ANY  RULE  OR  REGULATION
 PROMULGATED  BY  THE  COMMISSIONER  FOLLOWING THE EFFECTIVE DATE OF THIS
 ARTICLE TO EFFECTUATE THE PURPOSES OF THIS ARTICLE;
   (E) FAILURE TO RENEW A LICENSE WITHIN THE PERIOD PRESCRIBED IN  SUBDI-
 VISION ONE OF THIS SECTION; OR
   (F) THE APPLICANT OR REGISTRANT WAS PREVIOUSLY LICENSED AS A PET DEAL-
 ER PURSUANT TO ARTICLE TWENTY-SIX-A OF THIS CHAPTER.
   §  422.  PERSONNEL  TRAINING  REQUIREMENTS.  1.  EACH  ANIMAL  SHELTER
 LICENSED PURSUANT TO THIS ARTICLE SHALL PROVIDE TRAINING  TO  ALL  STAFF
 MEMBERS  AND VOLUNTEERS HAVING DIRECT ANIMAL CARE RESPONSIBILITIES. SUCH
 TRAINING SHALL BE PROVIDED WITHIN THE FIRST SIXTY DAYS OF EMPLOYMENT AND
 S. 6870--A                          7
 
 AT LEAST ANNUALLY THEREAFTER AND SHALL BE IN ADDITION  TO  ANY  AND  ALL
 TRAINING  OTHERWISE  REQUIRED  BY  FEDERAL, STATE, OR LOCAL LAW OR REGU-
 LATION.
   2.  ACCEPTABLE  TRAINING  MODALITIES SHALL INCLUDE, BUT NOT BE LIMITED
 TO, ONLINE WEBINARS, ON-SITE LECTURES OR SEMINARS, OFF-SITE  CONFERENCES
 FOR ANIMAL SHELTER STAFF, OR OTHER FORMAL TRAINING MODALITIES AS AUTHOR-
 IZED BY THE COMMISSIONER.
   3.  TRAINING  TOPICS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOW-
 ING:
   (A) HUMANE HANDLING TECHNIQUES;
   (B) INFECTIOUS DISEASES COMMONLY FOUND IN ANIMAL SHELTERS;
   (C) ZOONOTIC DISEASES;
   (D) ANIMAL CRUELTY;
   (E) SANITATION PROCEDURES;
   (F) BODY LANGUAGE AND  NORMAL  BEHAVIORS  FOR  ALL  SPECIES  REGULARLY
 HANDLED; AND
   (G) REQUIRED DOCUMENTATION AND DATA ENTRY.
   4. COMPLETE DOCUMENTATION OF TRAINING SESSIONS SHALL BE MAINTAINED FOR
 A  PERIOD  OF  NOT  LESS  THAN  THREE  YEARS  FROM  THE DATE OF TRAINING
 COMPLETION. SUCH DOCUMENTATION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
 FOLLOWING:
   (A) THE DATE OF TRAINING DELIVERY AND THE DATE OF COMPLETION;
   (B) THE TOPIC OR TOPICS OF THE TRAINING SESSION; AND
   (C) THE PROVIDER OF THE TRAINING AND A LIST OF TRAINING COURSE ATTEND-
 EES.
   § 423. RECORDKEEPING AND PROTOCOLS. 1. EACH ANIMAL SHELTER SHALL EXAM-
 INE AN ANIMAL UPON INTAKE FOR UNIQUE IDENTIFIERS AND ANY OTHER  FORM  OF
 IDENTIFICATION  THAT  MAY  ALLOW  FOR  REUNIFICATION  WITH  AN OWNER, AS
 PRESCRIBED IN SECTIONS ONE HUNDRED SEVENTEEN AND THREE  HUNDRED  EIGHTY-
 TWO OF THIS CHAPTER.
   2.  EACH  ANIMAL  SHELTER  SHALL CREATE AND MAINTAIN A RECORD FOR EACH
 ANIMAL IN THEIR CUSTODY OR POSSESSION WHICH SHALL MINIMALLY INCLUDE:
   (A) UNIQUE IDENTIFIERS AND ANY OTHER  IDENTIFICATION  ASSOCIATED  WITH
 THE  ANIMAL  UPON  EXAMINATION  AT ENTRY, INCLUDING BUT NOT LIMITED TO A
 TATTOO, A PERMANENT OFFICIAL  IDENTIFICATION  NUMBER  AS  PRESCRIBED  IN
 SECTION ONE HUNDRED TWELVE OF THIS CHAPTER OR OTHER IDENTIFICATION TAGS,
 RABIES TAGS AND NUMBERS, OR A MICROCHIP NUMBER, IF PRESENT;
   (B)  THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE PERSON SURRENDERING
 AN ANIMAL OR FROM WHOM AN  ANIMAL  IS  SEIZED,  AND  ADDITIONAL  CONTACT
 INFORMATION  AS  THE  COMMISSIONER MAY REQUIRE, OR THE ADDRESS OR CROSS-
 STREETS AND CITY, TOWN, OR VILLAGE WHERE THE ANIMAL WAS LOCATED OR FOUND
 PRIOR TO INTAKE, IF KNOWN;
   (C) THE DATE OF INTAKE INTO AND DEPARTURE FROM THE ANIMAL SHELTER;
   (D) WHETHER THE ANIMAL  WAS  ADOPTED,  TRANSFERRED,  REDEEMED  BY  ITS
 OWNER,  DIED  OR  WAS HUMANELY EUTHANIZED, AND, IF APPLICABLE, THE NAME,
 ADDRESS, AND PHONE NUMBER OF THE RECEIVING INDIVIDUAL OR AGENCY;
   (E)  BASIC  DESCRIPTORS  INCLUDING  SPECIES,  AGE,  GENDER,   PHYSICAL
 DESCRIPTION  INCLUDING  COLOR, AND THE SPAY OR NEUTER STATUS AT ENTRY IF
 DETERMINABLE WITH REASONABLE CERTAINTY;
   (F) ANY AVAILABLE BEHAVIORAL OR HEALTH HISTORY OR  INFORMATION  OTHER-
 WISE  OBTAINED  AT INTAKE, INCLUDING BITE HISTORY AND RABIES VACCINATION
 STATUS, WHEN KNOWN; AND
   (G) ALL VETERINARY AND  BEHAVIORAL  EXAMINATIONS,  TREATMENTS,  PROCE-
 DURES,  OR MEDICATIONS OCCURRING DURING THE ANIMAL'S TIME UNDER THE CARE
 OF THE SHELTER.
 S. 6870--A                          8
 
   3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  OR  REGULATION  TO  THE
 CONTRARY,  RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR NOT LESS THAN
 THREE YEARS FROM THE DATE OF ANIMAL DEPARTURE.
   4.  PREVIOUS  BITE  HISTORY  SHALL BE FULLY DISCLOSED IN WRITING TO AN
 ADOPTER, TRANSFER PARTNER, OR  RECLAIMING  OWNER  AND  PROVIDED  IN  ANY
 REPORTS REGARDING THE ANIMAL, AS APPLICABLE.
   5.  NOTHING  IN  THIS  SECTION  SHALL  PRECLUDE OR OTHERWISE SUPERSEDE
 RECORD DISCLOSURE REQUIREMENTS PRESCRIBED IN SECTION SIXTY-SEVEN HUNDRED
 FOURTEEN  OF  THE  EDUCATION  LAW,  OR  ANY  REQUIREMENT  REGARDING  THE
 CREATION,  MAINTENANCE,  OR  RETENTION  OF VETERINARY MEDICAL RECORDS IN
 STATE OR FEDERAL LAW OR VETERINARY PRACTICE GUIDELINE.
   6. EACH ANIMAL SHELTER SHALL  MAINTAIN  A  RECORD  OF  ITS  DESIGNATED
 FOSTER  CARE  PROVIDERS  THAT SHALL INCLUDE THE WRITTEN AGREEMENT ESTAB-
 LISHED BETWEEN SUCH  ANIMAL  SHELTER  AND  SUCH  PROVIDERS  PURSUANT  TO
 SECTION  FOUR  HUNDRED THIRTY-TWO OF THIS ARTICLE, EACH PROVIDER'S NAME,
 ADDRESS, TELEPHONE NUMBER, EMAIL ADDRESS IF AVAILABLE, TYPES OF  ANIMALS
 FOR  WHICH  THE PROVIDER IS WILLING TO PROVIDE CARE, INSPECTION REPORTS,
 AND CURRENT NUMBER OF ANIMALS IN THE CARE OF A  DESIGNATED  FOSTER  CARE
 PROVIDER.  SUCH  RECORDS  SHALL  BE UPDATED IMMEDIATELY IN THE EVENT ANY
 CONTACT INFORMATION FOR A GIVEN FOSTER CARE PROVIDER CHANGES.
   7. EACH ANIMAL SHELTER SHALL MAINTAIN SUMMARY RECORDS OF  THEIR  TOTAL
 ANNUAL  ANIMAL  INTAKE AND DISPOSITIONS BY SPECIES, BY SOURCE OF INTAKE,
 AND BY TYPE OF DISPOSITION. SUCH RECORDS SHALL BE MADE AVAILABLE TO  THE
 COMMISSIONER  UPON  REQUEST.  THE  COMMISSIONER  SHALL MAKE SUCH RECORDS
 AVAILABLE TO THE PUBLIC UPON REQUEST PURSUANT  TO  ARTICLE  SIX  OF  THE
 PUBLIC OFFICERS LAW.
   8.  EACH  ANIMAL  SHELTER SHALL DEVELOP AND MAINTAIN WRITTEN PROTOCOLS
 SUFFICIENTLY DETAILED TO ACHIEVE AND MAINTAIN THE  STANDARDS  PRESCRIBED
 IN THIS SECTION. THESE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOW-
 ING:
   (A) ANIMAL HANDLING;
   (B) BEHAVIORAL ASSESSMENT;
   (C) ENRICHMENT AND STRESS REDUCTION;
   (D) MANAGEMENT OF BITE/SCRATCH CASES; AND
   (E) SANITATION.
   9.  EACH  ANIMAL SHELTER SHALL ALSO DEVELOP AND MAINTAIN THE FOLLOWING
 WRITTEN PROTOCOLS, APPROVED BY A DULY LICENSED VETERINARIAN  AND  SUFFI-
 CIENTLY  DETAILED  TO  ACHIEVE  AND MAINTAIN THE STANDARDS PRESCRIBED IN
 THIS ARTICLE:
   (A) NUTRITION AND FEEDING;
   (B) PHYSICAL EXAMINATION;
   (C) EMERGENCY VETERINARY CARE;
   (D) PAIN MANAGEMENT;
   (E) VACCINATIONS;
   (F) PARASITE CONTROL;
   (G) ANESTHESIA AND SURGERY, IF PERFORMED ON-SITE BY THE ORGANIZATION;
   (H) HUMANE EUTHANASIA; AND
   (I) OUTBREAK MANAGEMENT/CONTROL OF INFECTIOUS DISEASES.
   10. PROTOCOLS ESTABLISHED BY EACH  ANIMAL  SHELTER  PURSUANT  TO  THIS
 SECTION  SHALL  BE  REVIEWED ANNUALLY AND UPDATED AS NECESSARY BY DESIG-
 NATED ADMINISTRATIVE AND MANAGERIAL STAFF. SUCH PROTOCOLS SHALL BE  MADE
 READILY ACCESSIBLE TO APPROPRIATE STAFF AND VOLUNTEERS.
   §  424. GENERAL FACILITY STANDARDS. 1. ALL FACILITIES AND ALL INTERIOR
 COMPONENTS OF EACH ANIMAL SHELTER SHALL BE CONSTRUCTED OF MATERIALS THAT
 ENSURE A SOUND PHYSICAL STRUCTURE, AND SHALL  BE  MAINTAINED  SO  AS  TO
 PROTECT  ANIMALS  FROM  INJURY, ENSURE CONTAINMENT OF ANIMALS WITHIN THE
 S. 6870--A                          9
 
 PROPERTY, AND RESTRICT UNAUTHORIZED ENTRY OF OTHER ANIMALS AND HUMANS TO
 THE BUILDING.
   2.  INDOOR  BUILDING  SURFACES IN DIRECT CONTACT WITH ANIMALS SHALL BE
 CONSTRUCTED OF MATERIALS THAT ARE NON-POROUS, WATER RESISTANT, NON-TOXIC
 AND ABLE TO WITHSTAND REGULAR CLEANING AND DISINFECTION. ADEQUATE DRAIN-
 AGE SHALL PREVENT THE ACCUMULATION OF WATER OR OTHER LIQUIDS ON FLOORS.
   3. ELECTRICAL POWER AND RUNNING WATER SHALL BE MAINTAINED TO ALL PARTS
 OF THE FACILITY THAT HOUSE ANIMALS, WITH  WRITTEN  EMERGENCY  PLANS  FOR
 BACK-UP  SOURCES  OR  RELOCATION OF THE ANIMALS TO A SAFE ENVIRONMENT IN
 THE EVENT OF OUTAGES LASTING MORE THAN FOUR HOURS.
   4. READILY ACCESSIBLE SINKS SHALL BE CONVENIENT  TO  ALL  ANIMAL  CARE
 AREAS.  SINGLE  SERVICE SOAP AND TOWELS OR ELECTRIC HAND DRYERS SHALL BE
 AVAILABLE AT ALL HAND-WASHING LOCATIONS.
   5. AMBIENT TEMPERATURES IN ALL INDOOR ANIMAL HOUSING  AREAS  SHALL  BE
 ROUTINELY MAINTAINED BETWEEN SIXTY AND EIGHTY DEGREES FAHRENHEIT.
   6.  EACH  ANIMAL  SHALL  BE MONITORED AND PROVIDED WITH AN ENVIRONMENT
 ALLOWING MAINTENANCE OF NORMAL BODY TEMPERATURE BASED ON SPECIES, BREED,
 BODY CONDITION, MEDICAL CONDITION, AND AGE.
   7. EACH ANIMAL SHELTER  SHALL  DOCUMENT  REGULAR  MAINTENANCE  OF  AIR
 HANDLING SYSTEMS ACCORDING TO THE MANUFACTURER'S RECOMMENDATIONS.
   8. AMMONIA LEVELS SHALL BE KEPT AT LESS THAN TWO PARTS PER MILLION.
   9.  EACH  ANIMAL  SHELTER SHALL PROVIDE SEPARATE HOUSING AREAS, SEGRE-
 GATED BY SPECIES AND FROM UNINFECTED, UNEXPOSED ANIMALS, FOR THE HOUSING
 OF ANY ANIMAL WITH AN INFECTIOUS DISEASE THAT MAY BE TRANSMITTED  WITHIN
 THE  SHELTER  ENVIRONMENT  AND  REQUIRING  ISOLATION  AS DETERMINED BY A
 LICENSED VETERINARIAN. DOORS SEPARATING SUCH ROOMS FROM THE REMAINDER OF
 THE FACILITY SHALL BE KEPT CLOSED.
   10. EACH ANIMAL SHELTER SHALL MINIMIZE CONTINUOUS EXPOSURE OF  PERSON-
 NEL  AND  ANIMALS TO SOUND LEVELS EXCEEDING EIGHTY-FIVE DECIBELS. ACTIVE
 MEASURES SHALL BE TAKEN AND DOCUMENTED TO MINIMIZE SOUND LEVELS IN HOUS-
 ING AREAS. SUCH MEASURES MAY INCLUDE MODIFIED KENNEL DESIGN,  RELOCATION
 OF PARTICULARLY LOUD ANIMALS, OR USE OF VISUAL BARRIERS, SOUND BAFFLING,
 AND  BEHAVIORAL  ENRICHMENT  PROTOCOLS.  EACH ANIMAL SHELTER SHALL USE A
 DECIBEL-METER AT A MINIMUM OF ONCE WEEKLY TO MEASURE THE LEVEL OF  SOUND
 IN  THEIR  KENNELS  DURING  CLEANING AND RESTING TIMES. A RECORD OF SUCH
 MEASUREMENTS AND THE DATE SUCH MEASUREMENTS WERE RECORDED SHALL BE MAIN-
 TAINED BY EACH ANIMAL SHELTER.
   11. EACH ANIMAL  SHELTER  SHALL  PROVIDE  ANIMAL  HOUSING  AREAS  THAT
 PROVIDE  ADEQUATE  LIGHTING AND A MEANS TO MAINTAIN DIURNAL LIGHT CYCLES
 PURSUANT TO AN ESTABLISHED SCHEDULE.  ALL ANIMALS SHALL HAVE  A  MINIMUM
 OF  EIGHT  HOURS  EACH  OF  LIGHT AND DARKNESS WITHIN A TWENTY-FOUR-HOUR
 CYCLE.
   12. EACH ANIMAL SHELTER SHALL ESTABLISH AND MAINTAIN  A  WRITTEN  PLAN
 FOR PEST AND VERMIN CONTROL INCLUDING THE FOLLOWING:
   (A)  METHOD  OF  CONTROLLING  RODENT INFESTATION THAT IS EFFECTIVE AND
 SAFE FOR BOTH HUMANS, AND ANIMALS HOUSED IN THE FACILITY;
   (B) A RECORD OR COPIES OF SERVICE REPORTS FROM OUTSIDE SERVICE PROVID-
 ERS RELATED TO PEST AND VERMIN CONTROL THAT  DOCUMENTS  DATES,  METHODS,
 LOCATIONS, AND OUTCOMES, IF APPLICABLE; AND
   (C)  FOOD  STORED  IN  RODENT  PROOF  CONTAINERS  TO PREVENT SPOILAGE,
 CONTAMINATION, AND  INFESTATION  ONCE  OPENED,  IF  PACKAGING  HAS  BEEN
 DAMAGED, OR AS OTHERWISE REQUIRED BY SUCH PLAN.
   13.  THE USE OF UNATTENDED DROP BOXES FOR INTAKE OF ANIMALS IS PROHIB-
 ITED.
 S. 6870--A                         10
 
   § 425. ANIMAL HOUSING. 1. EACH LICENSED ANIMAL SHELTER  SHALL  PROVIDE
 EACH  ANIMAL IN ITS CUSTODY OR POSSESSION WITH A SUITABLE PRIMARY ENCLO-
 SURE THAT MEETS THE REQUIREMENTS PRESCRIBED IN THIS SECTION.
   2.  UNSUPERVISED  TETHERING  FOR  PERIODS  EXCEEDING THIRTY MINUTES IS
 PROHIBITED.
   3. ANIMAL HOUSING SHALL MEET THE FOLLOWING REQUIREMENTS:
   (A) MATERIALS  USED  IN  HOUSING  CONSTRUCTION  SHALL  BE  NON-POROUS,
 WATER-RESISTANT,  NON-TOXIC,  AND ABLE TO WITHSTAND REGULAR CLEANING AND
 DISINFECTION;
   (B) DRAINAGE SHALL PREVENT ACCUMULATION OF WATER OR OTHER  LIQUIDS  ON
 FLOORS; AND
   (C) HOUSING SHALL BE STRUCTURALLY SOUND, IN GOOD REPAIR AND MAINTAINED
 IN  A SAFE, WORKING CONDITION TO PROPERLY CONFINE ANIMALS, PREVENT INJU-
 RY, KEEP ANIMALS SAFE FROM PREDATION, KEEP OTHER ANIMALS OUT, AND  ALLOW
 ANIMALS TO REMAIN DRY AND CLEAN.
   4.  WIRE  OR  SLAT-BOTTOM  CAGES ARE PROHIBITED UNLESS A SOLID TRAY IS
 PROVIDED FOR THE CAGE BOTTOM TO PREVENT INJURY TO THE ANIMAL.
   5. ANIMAL POPULATIONS SHALL BE SEGREGATED APPROPRIATELY, IN ACCORDANCE
 WITH THE FOLLOWING REQUIREMENTS:
   (A) DOGS AND CATS SHALL BE HOUSED IN SEPARATE ROOMS WITH EFFORTS  MADE
 TO  MINIMIZE  THE  EXPOSURE OF CATS TO THE BARKING OF DOGS TO THE EXTENT
 PRACTICABLE;
   (B) ANIMALS OF THE SAME SPECIES SHALL BE SEPARATED BY AGE GROUPS (E.G.
 NEONATES AND JUVENILES; ADULTS)  EXCEPT  THAT  NURSING  ANIMALS  MAY  BE
 HOUSED WITH THEIR OFFSPRING;
   (C)  ANIMALS  WITH  KNOWN  OR  SUSPECTED  INFECTIOUS DISEASES SHALL BE
 HOUSED IN ISOLATION AREAS AS PRESCRIBED IN SUBDIVISION NINE  OF  SECTION
 FOUR HUNDRED TWENTY-FOUR OF THIS ARTICLE;
   (D)  NOTHING  IN  THIS  SUBDIVISION  SHALL BE CONSTRUED TO PREVENT THE
 TEMPORARY HOUSING OF ANIMALS  IN  AREAS  WITHOUT  SUCH  SEGREGATION  FOR
 MEDICAL CARE AND IN PRE- AND POST-OPERATIVE SURGICAL AREAS.
   6.  WELL-SOCIALIZED,  HEALTHY  ANIMALS  MAY BE HOUSED WITH ONE OR MORE
 CONSPECIFICS.   ANIMALS HOUSED TOGETHER SHALL  BE  COMPATIBLE  AND  HAVE
 SIMILAR  ENVIRONMENTAL  REQUIREMENTS. SUCH HOUSING SHALL NOT ALLOW EXPO-
 SURE TO NUMEROUS DIFFERENT ANIMALS ON A FREQUENTLY CHANGING BASIS.
   7. PRIOR TO BEING HOUSED WITH ONE OR MORE OTHER ANIMALS THE  FOLLOWING
 CONDITIONS SHALL APPLY:
   (A)  ALL  ANIMALS  ARE  VACCINATED  AND DEWORMED AGAINST THE PATHOGENS
 SPECIFIED IN SECTION FOUR HUNDRED TWENTY-NINE OF THIS ARTICLE;
   (B) PHYSICAL EXAMINATIONS VERIFYING THE ABSENCE OF CLINICAL  SIGNS  OF
 INFECTIOUS DISEASES HAVE BEEN PERFORMED;
   (C)  SURGICAL  STERILIZATION  OR HOUSING IN SAME-SEX GROUPINGS, EXCEPT
 LITTERMATES UNDER TWELVE WEEKS OF AGE; AND
   (D) THE ANIMAL HAS A COLLAR OR TAG TO  FACILITATE  VISUAL  IDENTIFICA-
 TION,  UNLESS  THE ANIMAL'S AGE OR CONDITION IS SUCH THAT APPLICATION OF
 VISUAL IDENTIFICATION IS NOT PRACTICABLE OR WOULD BE DETRIMENTAL TO  THE
 ANIMAL'S HEALTH.
   8.  ANIMALS THAT ARE POORLY SOCIALIZED, FEARFUL, OR AGGRESSIVE TOWARDS
 OTHER ANIMALS OR THAT ARE ILL, INJURED, OR WITHIN A WEEK OF WHELPING  OR
 QUEENING  SHALL  BE  HOUSED  INDIVIDUALLY  IN A SUITABLY SIZED, ENRICHED
 PRIMARY ENCLOSURE.
   (A) LITTERMATES UNDER THE AGE OF TWELVE WEEKS MAY BE CO-HOUSED  IN  AN
 ISOLATION AREA IF ALL INDIVIDUALS ARE INFECTED WITH THE SAME INFECTIOUS,
 CONTAGIOUS, PARASITIC OR COMMUNICABLE DISEASE.
   (B)  DOGS  AND  CATS WITHIN A WEEK OF GIVING BIRTH OR UNTIL SEPARATION
 FROM THE OFFSPRING SHALL BE PROVIDED WITH A BOX WITH A SOLID FLOOR LARGE
 S. 6870--A                         11
 
 ENOUGH TO ALLOW THE ANIMAL TO LIE FULLY STRETCHED ON ITS  SIDE,  PERMIT-
 TING  ALL  OFFSPRING  TO  NURSE  AND  TO ACCOMMODATE ALL OFFSPRING UNTIL
 WEANED; AND AN AREA LARGE ENOUGH TO ALLOW THE DAM OR QUEEN TO LEAVE  THE
 WHELPING BOX.
   9. EACH ENCLOSURE SHALL CLEARLY INDICATE THE IDENTITIES OF ALL ANIMALS
 CONTAINED WITHIN, SPECIFYING EACH ANIMAL'S UNIQUE IDENTIFIER AS REQUIRED
 UNDER  SECTION  FOUR  HUNDRED  TWENTY-THREE OF THIS ARTICLE. EACH ANIMAL
 SHALL ALSO BE INDIVIDUALLY IDENTIFIED.
   10. ALL PRIMARY ENCLOSURES SHALL PROVIDE  SUFFICIENT  SPACE  TO  ALLOW
 EACH ANIMAL, REGARDLESS OF SPECIES, TO:
   (A) MAKE ALL NORMAL POSTURAL ADJUSTMENTS;
   (B)  FULLY  STRETCH  ITS  BODY AND HAVE SUFFICIENT ROOM TO CIRCLE, LIE
 DOWN, AND STAND UPRIGHT WITHOUT THE HEAD OR TAIL TOUCHING THE  SIDES  OF
 THE  ENCLOSURE  EVEN  WITH  THE  PRESENCE OF WATER AND FOOD BOWLS, BEDS,
 LITTER BOXES, AND OTHER NORMAL CAGE OBJECTS; AND
   (C) ALLOW ANIMALS TO SIT, SLEEP AND  EAT  AWAY  FROM  AREAS  OF  THEIR
 ENCLOSURE WHERE THEY DEFECATE AND URINATE.
   11.  ANY  PRIMARY  ENCLOSURE HOUSING TWO OR MORE ANIMALS SHALL PROVIDE
 THE FOLLOWING:
   (A) SUFFICIENT SPACE AND QUALITY OF ENVIRONMENT TO ALLOW  ALL  ANIMALS
 TO MAINTAIN SOCIAL DISTANCES;
   (B)  ADEQUATE AREAS FOR HIDING, RESTING, FEEDING, AND ELIMINATION WITH
 SUFFICIENT SPACE TO SEPARATE AREAS AND THE ABILITY FOR  ALL  ANIMALS  TO
 ACCESS THOSE AREAS.
   12.  REGARDLESS  OF  THE  SIZE OF THE PRIMARY ENCLOSURE, THE NUMBER OF
 ANIMALS COHOUSED IN A PRIMARY ENCLOSURE AT ONE TIME SHALL NOT EXCEED THE
 FOLLOWING THRESHOLDS:
   (A) TWELVE ADULT CATS;
   (B) TWO LITTERS OF KITTENS NOT TO EXCEED TEN KITTENS TOTAL;
   (C) FIVE ADULT DOGS; OR
   (D) ONE LITTER OF PUPPIES.
   13. PUPPIES AND KITTENS LESS THAN SIXTEEN WEEKS OF AGE  SHALL  NOT  BE
 HOUSED  IN THE SAME ENCLOSURE WITH ADULTS OTHER THAN THEIR DAM OR QUEEN,
 OR FOSTER OR SURROGATE DAM OR QUEEN.
   14. ALL ANIMALS HOUSED WITH ONE OR MORE CONSPECIFICS  SHALL  BE  SEPA-
 RATED  FOR  FEEDING OR OBSERVED AT FEEDING TIMES FOR ANTAGONISTIC INTER-
 ACTIONS THAT POSE A SAFETY AND WELFARE CONCERN.
   15. ANIMALS SHALL NOT BE HOUSED OUTDOORS FOR MORE  THAN  TWELVE  HOURS
 WITHIN  A  TWENTY-FOUR-HOUR  PERIOD,  WITH THE EXCEPTION OF FREE-ROAMING
 CATS UNDER THE CARE OF THE ANIMAL SHELTER.
   16. OUTDOOR PRIMARY ENCLOSURES SHALL COMPLY WITH ALL HOUSING  REQUIRE-
 MENTS PRESCRIBED IN THIS SECTION AND SHALL PROVIDE THE FOLLOWING:
   (A) PROTECTION FROM THE ELEMENTS AT ALL TIMES;
   (B)  ADEQUATE  DRAINAGE TO PREVENT THE ACCUMULATION OF EXCESS WATER IN
 OR AROUND THE ENCLOSURES;
   (C) A MOISTURE-PROOF, INSULATED  SHELTER  STRUCTURE  LARGE  ENOUGH  TO
 SIMULTANEOUSLY  ACCOMMODATE ALL ANIMALS IN THE ENCLOSURE, UNLESS IMMEDI-
 ATE ENTRY TO AN INDOOR PORTION OF THE ENCLOSURE IS ACCESSIBLE;
   (D) SECURITY FROM UNAUTHORIZED ENTRY OF OTHER ANIMALS INTO THE  ENCLO-
 SURE;
   (E)  A  SEPARATE, SHADED AREA SUFFICIENT TO SIMULTANEOUSLY ACCOMMODATE
 ALL ANIMALS, EXCEPT WHEN ANIMALS HAVE  IMMEDIATE  ACCESS  TO  AN  INDOOR
 PORTION OF THE ENCLOSURE;
   (F)  CLEAN DRY BEDDING AT ALL TIMES AND A HEAT SOURCE WHEN THE OUTDOOR
 TEMPERATURE FALLS BELOW FIFTY DEGREES FAHRENHEIT; AND
 S. 6870--A                         12
 
   (G) ENCLOSURES THAT ALLOW OUTDOOR  ACCESS  FOR  CATS  SHALL  BE  FULLY
 ENCLOSED TO PREVENT ESCAPE FROM THE ENCLOSURE.
   17.  FOR ANY ANIMAL IN THE CUSTODY OR POSSESSION OF ANY ANIMAL SHELTER
 FOR FOURTEEN DAYS OR LONGER, ALTERNATIVE HOUSING SHALL  BE  PROVIDED  IN
 ONE OF THE FOLLOWING FORMATS:
   (A)  ENRICHED  CAGES AT LEAST TWICE THE SIZE OTHERWISE REQUIRED FOR AN
 ANIMAL'S SIZE;
   (B) FOSTER CARE IN A PRIVATE HOME, OFFICE, OR OTHER SUITABLE  OFF-SITE
 LOCATION; OR
   (C) ROOM HOUSING.
   §  426. SANITATION. ANY ANIMAL SHELTER LICENSED PURSUANT TO THIS ARTI-
 CLE SHALL ESTABLISH AND MAINTAIN SANITATION PROTOCOLS THAT  INCLUDE  THE
 FOLLOWING:
   1. USE OF ONE OR MORE AGENTS THAT HAVE CLEANING AND DISINFECTANT PROP-
 ERTIES  THAT  ARE EFFECTIVE UNDER CONDITIONS PRESENT IN A GIVEN ENVIRON-
 MENT AND WITH DEMONSTRATED EFFECTIVENESS AGAINST THE PATHOGENS FOR WHICH
 ANIMALS ARE AT RISK;
   2. REMOVAL OF ANIMALS FROM ENCLOSURES AND PLACEMENT IN ANOTHER  APPRO-
 PRIATE  ENCLOSURE  OR  SEPARATION  FROM THE AREA BEING CLEANED OR DISIN-
 FECTED BY A FUNCTIONAL COMPARTMENT DOOR WHEN WATER, CLEANING, OR  DISIN-
 FECTING AGENTS ARE SPRAYED IN OR NEAR AN ANIMAL'S ENCLOSURE;
   3.  DEDICATED  EQUIPMENT FOR CLEANING AND DISINFECTION FOR USE IN EACH
 SEPARATE AREA OF THE SHELTER DESIGNATED AS CAT OR DOG  ISOLATION,  HOLD-
 ING, ADOPTIONS OR OTHER FUNCTIONALLY SEPARATE AREAS WITHIN THE FACILITY;
   4. CLEANING AND DISINFECTING IN BETWEEN EACH USE OF ITEMS AND SURFACES
 THAT  COME  INTO CONTACT WITH ANIMALS, INCLUDING BUT NOT LIMITED TO FOOD
 AND WATER BOWLS, LITTER BOXES AND EXAM TABLES, OR PROCEDURES TO  DISCARD
 AND REPLACE WITH NEW ITEMS FOR EACH ANIMAL;
   5. CLEANING AND DISINFECTING ALL ENCLOSURES FOR TEMPORARY OR PERMANENT
 HOUSING BEFORE A NEW ANIMAL ENTERS SUCH ENCLOSURE;
   6.  DAILY CLEANING AND AT LEAST ONCE WEEKLY DISINFECTING OF ENCLOSURES
 THAT HOUSE THE SAME ANIMAL OR ANIMALS DURING A LONG-TERM STAY;
   7. CLEANING AND DISINFECTING ENCLOSURES  WHEN  THE  ENCLOSURE  BECOMES
 HEAVILY SOILED OR OTHERWISE CONTAMINATED OR A NEW ANIMAL IS ADDED TO THE
 ENCLOSURE;
   8.  LAUNDERING  OF ALL ANIMAL BEDDING IN A MACHINE WITH DETERGENT WHEN
 SOILED AND THOROUGHLY DRYING SUCH BEDDING BEFORE REUSE, OR REMOVING  AND
 DISPOSING OF SUCH BEDDING APPROPRIATELY;
   9.  CLEANING  OF  OUTDOOR PREMISES FROM CLUTTER THAT MAY POSE A SAFETY
 CONCERN AND FECAL MATERIAL REMOVED AT LEAST ONCE DAILY;
   10. APPROPRIATE USE AND DISPOSAL OF PROTECTIVE  GARMENTS  WORN  DURING
 CLEANING AND INTENSIVE ANIMAL-HANDLING ACTIVITIES WITHIN AN ANIMAL SHEL-
 TER; AND
   11. PROPER HYGIENE OF SHELTER STAFF, VOLUNTEERS, AND VISITORS, INCLUD-
 ING SIGNAGE, SUPERVISION, AND HAND SANITATION.
   § 427. SHELTER MANAGEMENT PROTOCOLS. 1. EACH ANIMAL SHELTER SHALL HAVE
 A  CLEAR,  WRITTEN,  MANAGEMENT  STRUCTURE THAT DEFINES STAFF AUTHORITY,
 REPORTING STRUCTURE AND RESPONSIBILITIES, AND IS READILY  ACCESSIBLE  TO
 ALL STAFF AND VOLUNTEERS.
   2.  STAFFING  SHALL  BE SUFFICIENT TO ALLOW ADEQUATE TIME, PER ANIMAL,
 FOR CLEANING AND DAILY FEEDING, AND TO MEET THE MINIMUM REQUIREMENTS FOR
 SOCIALIZATION AND EXERCISE OF ANIMALS  AS  PRESCRIBED  IN  SECTION  FOUR
 HUNDRED THIRTY OF THIS ARTICLE.
   3. THE TOTAL NUMBER OF ANIMALS HOUSED IN AN ANIMAL SHELTER FACILITY OR
 FOSTER  HOME  SHALL  NOT EXCEED THE NUMBER OF HOUSING UNITS AVAILABLE AT
 THE FACILITY AS REQUIRED BY SECTION FOUR  HUNDRED  TWENTY-FIVE  OF  THIS
 S. 6870--A                         13
 
 ARTICLE;  PROVIDED,  HOWEVER,  THAT EXCEPTIONS TO THE PROVISIONS OF THIS
 SUBDIVISION SHALL BE PERMISSIBLE FOR PERIODS NOT  TO  EXCEED  FORTY-FIVE
 CONTIGUOUS  DAYS  IN  THE EVENT OF AN ANIMAL SEIZURE PURSUANT TO ARTICLE
 TWENTY-SIX  OF  THIS  CHAPTER  OR  A  NATURAL DISASTER WHERE AN OFFICIAL
 DECLARATION OF THE DISASTER OR EMERGENCY HAS BEEN MADE.
   4. ALL ANIMALS SHALL BE OBSERVED DAILY BY A  MANAGER  OR  DESIGNEE  TO
 IDENTIFY EACH ANIMAL'S NEEDS FOR CARE, HOUSING AND SERVICE AND TO ENSURE
 THAT EACH ANIMAL HAS A PLAN TO ADVANCE EFFICIENTLY THROUGH THE SHELTER.
   § 428. ANIMAL HUSBANDRY. 1. (A) EACH ANIMAL SHELTER SHALL PROVIDE EACH
 ANIMAL  UNDER  ITS  CARE  WITH  FRESH, POTABLE WATER AT ALL TIMES UNLESS
 OTHERWISE DIRECTED BY A DULY LICENSED VETERINARIAN.
   (B) EACH ANIMAL SHELTER SHALL  FEED  EACH  ANIMAL  UNDER  ITS  CARE  A
 COMPLETE AND NUTRITIONALLY BALANCED, SPECIES-SPECIFIC AND LIFE-STAGE-AP-
 PROPRIATE  DIET  AS  INDICATED  BY THE ANIMAL'S AGE, WEIGHT, AND MEDICAL
 HEALTH, OR AS DIRECTED BY A DULY  LICENSED  VETERINARIAN  IN  ACCORDANCE
 WITH THE WRITTEN PROTOCOLS REQUIRED BY SECTION FOUR HUNDRED TWENTY-THREE
 OF THIS ARTICLE.
   (C)  FOOD  SHALL BE PROVIDED AT LEAST ONCE DAILY FOR ADULT ANIMALS, AT
 LEAST TWICE DAILY FOR ANIMALS LESS THAN SIX MONTHS OF AGE, AND AT  LEAST
 THREE TIMES DAILY FOR ANIMALS LESS THAN TWO MONTHS OF AGE.
   (D) PERISHABLE ANIMAL FOOD SHALL BE REFRIGERATED.
   (E)  ANIMAL  FOOD  AND WATER CONTAINERS SHALL BE PRESENT IN SUFFICIENT
 NUMBER AND LOCATION TO SAFELY ENABLE EACH ANIMAL  IN  THE  ENCLOSURE  TO
 ACCESS  AN ADEQUATE SUPPLY OF FOOD AND WATER. FOOD AND WATER BOWLS SHALL
 BE OF THE TYPE THAT CAN BE EASILY SANITIZED, BE KEPT CLEAN AND SHALL  BE
 CLEANED  AND  DISINFECTED  PRIOR  TO  USE  BY A DIFFERENT ANIMAL, UNLESS
 DISPOSABLE BOWLS ARE USED AND REPLACED BETWEEN ANIMALS.
   (F) EACH ANIMAL SHALL BE OBSERVED DURING  OR  FOLLOWING  EACH  FEEDING
 TIME  TO  ENSURE  DAILY  FOOD INTAKE, OR AT LEAST ONCE EVERY TWENTY-FOUR
 HOURS FOR ANIMALS CONTINUALLY OFFERED FOOD. SUCH OBSERVATIONS  SHALL  BE
 RECORDED.
   2.  (A) HUMANE AND SAFE PHYSICAL RESTRAINT TO LIMIT SOME OR ALL NORMAL
 VOLUNTARY MOVEMENT OF ANY ANIMAL IN EACH  ANIMAL  SHELTER'S  CARE  SHALL
 MINIMIZE  FEAR,  PAIN, STRESS AND SUFFERING FOR THE ANIMAL, PROTECT BOTH
 THE ANIMAL AND PERSONNEL FROM HARM, AND BE OF THE  LEAST  INTENSITY  AND
 DURATION  REQUIRED  TO  ALLOW THE SPECIFIC PROCEDURE OR PROCEDURES TO BE
 PERFORMED PROPERLY.
   (B) (I) FRIGHTENED OR FRACTIOUS ANIMALS MAY BE APPROPRIATELY  TRANQUI-
 LIZED, UNDER THE ORDERS AND SUPERVISION OF A DULY LICENSED VETERINARIAN,
 IF THEY CANNOT BE RESTRAINED SAFELY AND HUMANELY.
   (II) NO PHYSICAL FORCE SHALL BE USED AS PUNISHMENT OR IN ANGER.
   (III)  HANDLING METHODS SHALL MINIMIZE THE CHANCE OF ESCAPE AND ENSURE
 THE SAFETY OF BOTH HUMANS AND ANIMALS.
   (C) RESTRAINT DEVICES AND HANDLING TECHNIQUES EMPLOYED BY EACH  ANIMAL
 SHELTER  SHALL BE USED IN A MANNER THAT MINIMIZES ANIMAL STRESS AND RISK
 OF INJURY TO BOTH ANIMALS AND PERSONNEL, IN THE EVENT SUCH  DEVICES  AND
 TECHNIQUES ARE NECESSARY FOR THE SAFE HANDLING OF THE ANIMAL.
   (I) ALL EQUIPMENT SHALL BE MAINTAINED IN GOOD WORKING ORDER.
   (II)  CATS  SHALL  NOT BE RESTRAINED WITH CONTROL POLES. HUMANE TRAPS,
 CAT BOXES, NETS, TOWELS, OR OTHER  EQUIPMENT  APPROPRIATE  FOR  HANDLING
 FRACTIOUS  ANIMALS  MAY  BE  USED.    SQUEEZE CAGES, FERAL CAT BOXES, OR
 HUMANE TRAPS WITH DIVIDERS SHALL BE USED FOR RESTRAINING CATS AND ADMIN-
 ISTERING TRANQUILIZERS PRIOR TO HANDLING.
   § 429. VETERINARY CARE. 1.  PRESCRIPTION  MEDICATIONS  AND  TREATMENTS
 SHALL  BE ADMINISTERED BY EACH ANIMAL SHELTER UNDER THE ADVISEMENT OF OR
 S. 6870--A                         14
 
 IN ACCORDANCE WITH WRITTEN PROTOCOLS PROVIDED BY A DULY LICENSED VETERI-
 NARIAN.
   2.  ALL DRUGS SHALL BE DOCUMENTED AND DISPENSED BY EACH ANIMAL SHELTER
 IN ACCORDANCE WITH APPLICABLE LOCAL, STATE, AND FEDERAL LAWS  AND  REGU-
 LATIONS.
   3.  ALL  INCOMING  ANIMALS  SHALL  BE  ASSESSED WITHIN TWO HOURS AFTER
 INTAKE BY A TRAINED ANIMAL SHELTER STAFF  MEMBER  TO  DETERMINE  IF  ANY
 PHYSICAL ABNORMALITIES EXIST THAT REQUIRE IMMEDIATE VETERINARY ATTENTION
 IN ACCORDANCE WITH THE SHELTER'S WRITTEN PROTOCOL FOR EMERGENCY CARE, AS
 REQUIRED BY SECTION FOUR HUNDRED TWENTY-THREE OF THIS ARTICLE.
   4.  EACH  ANIMAL SHELTER SHALL HAVE THE ABILITY TO PROVIDE FOR VETERI-
 NARY ASSESSMENT AND HUMANE CARE IN A  TIMELY  FASHION  THROUGH  IN-HOUSE
 FACILITIES OR AT AN OFF-SITE LOCATION.
   5.  PURSUANT  TO  THE  WRITTEN  PROTOCOL FOR EMERGENCY VETERINARY CARE
 REQUIRED BY SECTION FOUR HUNDRED  TWENTY-THREE  OF  THIS  ARTICLE,  EACH
 ANIMAL  SHELTER SHALL PROVIDE APPROPRIATE AND TIMELY VETERINARY CARE FOR
 ANY ANIMAL THAT IS IN DISTRESS, EXPERIENCING PAIN, OR SHOWING  SIGNS  OF
 SIGNIFICANT ILLNESS OR INJURY.
   6.  EACH  ANIMAL  SHELTER  SHALL RECOGNIZE AND TREAT ACUTE AND CHRONIC
 PAIN APPROPRIATELY, AS SET FORTH IN ARTICLE TWENTY-SIX OF THIS  CHAPTER.
 THE LEGAL STATUS REGARDING THE OWNERSHIP OF ANY ANIMAL SHALL NOT PREVENT
 TREATMENT TO RELIEVE SUFFERING.
   7.  EACH  ANIMAL SHELTER SHALL PROVIDE A COMPLETE PHYSICAL EXAMINATION
 OF ALL ANIMALS IN ITS CUSTODY OR POSSESSION  BY  TRAINED  SHELTER  STAFF
 WITHIN  TWENTY-FOUR  HOURS  OF  INTAKE TO IDENTIFY MEDICAL OR BEHAVIORAL
 CONDITIONS THAT REQUIRE  FURTHER  EVALUATION  AND  CARE.  ANIMALS  SHALL
 SPECIFICALLY  BE EXAMINED FOR BITE WOUNDS; ANIMALS THAT HAVE POTENTIALLY
 BEEN EXPOSED TO RABIES SHALL BE MANAGED IN  ACCORDANCE  WITH  APPLICABLE
 LOCAL  AND  STATE LAWS. EACH ANIMAL SHELTER SHALL COMPLY WITH THE RABIES
 REPORTING REQUIREMENTS PRESCRIBED IN 10 NYCRR 2.14.
   8. EACH ANIMAL SHELTER SHALL VACCINATE EACH ANIMAL IN ITS  CUSTODY  OR
 POSSESSION  WITH  CORE VACCINES AS RECOMMENDED BY NATIONAL STANDARDS AND
 GUIDELINES SPECIFIC TO  ANIMAL  SHELTERS  AS  ESTABLISHED,  ENDORSED  OR
 APPROVED  BY  THE  AMERICAN  ASSOCIATION OF FELINE PRACTITIONERS (AAFP),
 AMERICAN ANIMAL HOSPITAL ASSOCIATION (AAHA), OR THE ASSOCIATION OF SHEL-
 TER VETERINARIANS (ASV).
   9. EACH ANIMAL SHELTER SHALL PROVIDE ALL DOGS, CATS,  AND  FERRETS  IN
 ITS  CUSTODY OR POSSESSION WITH A RABIES VACCINATION PRIOR TO RELEASE IN
 ACCORDANCE WITH LOCAL PUBLIC HEALTH LAWS. EACH ANIMAL SHELTER  SHALL  BE
 IN COMPLIANCE AT ALL TIMES WITH SECTION ONE HUNDRED NINE OF THIS CHAPTER
 AND TITLE FOUR OF ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW.
   10.  AT  A MINIMUM, EACH ANIMAL SHELTER SHALL TREAT ALL ANIMALS IN ITS
 CUSTODY OR POSSESSION FOR HOOKWORMS  AND  ROUNDWORMS  PRIOR  TO  RELEASE
 AND/OR PLACEMENT IN FOSTER CARE.
   11.  WHEN  A  PHYSICAL  OR BEHAVIORAL ABNORMALITY IS IDENTIFIED AT THE
 TIME OF INTAKE OR AT ANY TIME DURING ANY ANIMAL'S  SHELTER  STAY,  STAFF
 MEMBERS  SHALL FOLLOW WRITTEN MEDICAL PROTOCOLS REQUIRED BY SECTION FOUR
 HUNDRED TWENTY-THREE OF THIS ARTICLE,  TO  DETERMINE  IF  AND  WHEN  ANY
 ANIMAL  IN  ITS  CUSTODY  OR  POSSESSION  NEEDS TO BE EXAMINED BY A DULY
 LICENSED VETERINARIAN. IF THE ANIMAL IS IN FOSTER CARE, THE FOSTER  CARE
 PROVIDER SHALL FOLLOW WRITTEN MEDICAL PROTOCOLS TO DETERMINE WHETHER THE
 ANIMAL NEEDS TO BE EXAMINED BY A DULY LICENSED VETERINARIAN.
   12.  ANY ANIMAL IN THE CUSTODY OR POSSESSION OF ANY ANIMAL SHELTER FOR
 MORE THAN THIRTY DAYS SHALL BE EXAMINED AND WEIGHED AT LEAST MONTHLY  BY
 A  TRAINED  STAFF MEMBER.   ANIMALS IN FOSTER CARE SHALL BE EXAMINED AND
 WEIGHED AT LEAST ONCE EVERY SIX MONTHS BY A TRAINED STAFF MEMBER.
 S. 6870--A                         15
 
   13. ANY APPARENTLY HEALTHY ANIMAL  REMAINING  WITHIN  THE  CUSTODY  OR
 POSSESSION  OF  ANY  ANIMAL SHELTER SHALL BE EXAMINED BY A DULY LICENSED
 VETERINARIAN AT LEAST EVERY SIX MONTHS, OR MORE FREQUENTLY  IF  PROBLEMS
 ARE IDENTIFIED.
   14.  EACH  ANIMAL  SHELTER  SHALL  PROVIDE REGULAR GROOMING TO PREVENT
 DISCOMFORT OR INJURY TO  EACH  ANIMAL  IN  ITS  CUSTODY  OR  POSSESSION.
 MATTED,  SOILED,  OR  OTHERWISE  UNKEMPT  ANIMALS SHALL BE PROVIDED WITH
 TIMELY GROOMING  TO  ALLEVIATE  DISCOMFORT  AND  PREVENT  INJURY  WITHIN
 FORTY-EIGHT  HOURS  OF  INTAKE  OR IDENTIFICATION OF CONDITION.   SEVERE
 MATTING THAT PREVENTS NORMAL  MOVEMENT,  AN  ANIMAL'S  ABILITY  TO  EAT,
 DRINK,  URINATE, OR DEFECATE, OR THAT COMPROMISES TISSUE HEALTH SHALL BE
 TREATED AS A MEDICAL EMERGENCY REQUIRING IMMEDIATE CARE.
   15. (A) NO ANIMAL SHELTER SHALL RELEASE ANY DOG OR CAT FOR ADOPTION TO
 ANY PERSON UNLESS THE DOG OR CAT HAS BEEN SPAYED OR NEUTERED, IN ACCORD-
 ANCE WITH SECTION THREE HUNDRED SEVENTY-SEVEN-A OF THIS CHAPTER.
   (B) PRIOR TO PERFORMING SPAY/NEUTER SURGERY AT ANY ANIMAL SHELTER:
   (I) ALL ANIMALS IN SUCH SHELTER'S CUSTODY OR POSSESSION SHALL  RECEIVE
 AN  EXAMINATION BY A DULY LICENSED VETERINARIAN WITHIN TWENTY-FOUR HOURS
 OF SURGERY AND ANESTHESIA.  SUCH  EXAMINATION  MAY  BE  PERFORMED  UNDER
 SEDATION  OR ANESTHESIA IF, DUE TO THE ANIMAL'S BEHAVIOR, AN EXAMINATION
 IS NOT POSSIBLE WHILE AWAKE.
   (II)  BALANCED  ANESTHETIC  PROTOCOLS  THAT  INCLUDE   SEDATION,   THE
 PROVISION OF PRE- AND POST-OPERATIVE ANALGESIA, STRESS REDUCTION, MUSCLE
 RELAXATION  AND  CONTROLLED,  REVERSIBLE  LOSS OF CONSCIOUSNESS SHALL BE
 UTILIZED FOR ALL ANIMALS.
   (III) WHILE SURGERY IS BEING PERFORMED, THE OPERATING  AREA  SHALL  BE
 DEDICATED  TO SURGERY AND CONTAIN THE NECESSARY EQUIPMENT FOR ANESTHESIA
 AND PATIENT MONITORING.
   (IV) ASEPTIC SURGICAL TECHNIQUE SHALL BE REQUIRED, AND SEPARATE  STER-
 ILE  INSTRUMENTS  SHALL  BE  USED  FOR EACH PATIENT. ALL INSTRUMENTS AND
 EQUIPMENT SHALL BE MAINTAINED IN PROPER WORKING CONDITION.
   (V) A PERMANENT TATTOO SHALL BE PLACED ON THE VENTRAL ABDOMEN OF SHEL-
 TER-OWNED CATS AND DOGS AT THE TIME OF SPAY OR NEUTER.
   (VI) EACH ANIMAL SHELTER SHALL PROVIDE ADOPTIVE OWNERS INSTRUCTIONS IN
 BOTH WRITTEN AND VERBAL FORMS FOR TEN-DAY POST-OPERATIVE CARE OF RECENT-
 LY SPAYED OR NEUTERED ANIMALS.
   (C) WRITTEN PROTOCOLS REQUIRED BY SECTION FOUR HUNDRED TWENTY-THREE OF
 THIS CHAPTER, SHALL BE FOLLOWED TO HANDLE RELATED  POST-OPERATIVE  EMER-
 GENCIES.
   § 430. BEHAVIOR. 1. EACH ANIMAL SHELTER SHALL TAKE MEASURES, BY WAY OF
 WRITTEN  QUESTIONNAIRE,  PERSONAL INTERVIEW OR OTHER MEANS DEEMED NECES-
 SARY BY THE COMMISSIONER, TO  COLLECT  A  BEHAVIORAL  HISTORY  FOR  EACH
 ANIMAL IN ITS CUSTODY OR POSSESSION AT THE TIME OF INTAKE.
   2.  ROUTINE  CARE  AND  HANDLING  OF  ANY  ANIMAL  IN  THE  CUSTODY OR
 POSSESSION OF EACH ANIMAL SHELTER, INCLUDING THE TIMING OF  FEEDING  AND
 SANITATION PROCEDURES SHALL BE PERFORMED ON A REGULAR DAILY SCHEDULE.
   3.  AT  LEAST TWENTY MINUTES OF POSITIVE SOCIAL INTERACTIONS, IN ADDI-
 TION TO TIME SPENT PROVIDING FEEDING, CLEANING, BASIC HUSBANDRY OR  CARE
 WITH  PEOPLE  SHALL  BE PROVIDED BY EACH ANIMAL SHELTER ON A DAILY BASIS
 FOR ANY ANIMAL IN SUCH SHELTER'S CUSTODY OR POSSESSION EXCEPT  THOSE  SO
 POORLY  SOCIALIZED  TO  HUMANS  THAT  SUCH  CONTACT WOULD BE UNPLEASANT,
 STRESSFUL OR POSE A SAFETY RISK TO OTHER ANIMALS OR HUMANS. DAILY HANDL-
 ING AND POSITIVE EXPOSURE TO PEOPLE AND OTHER ANIMALS SHALL BE  PROVIDED
 FOR  ANY DOG OR CAT LESS THAN FOUR MONTHS OF AGE, WHILE TAKING APPROPRI-
 ATE PRECAUTIONS TO LIMIT INFECTIOUS DISEASE.    POSITIVE  SOCIAL  INTER-
 ACTIONS  SHALL INCLUDE BUT NOT BE LIMITED TO PETTING AN ANIMAL, WALKING,
 S. 6870--A                         16
 
 REWARD BASED TRAINING OR INTERACTIVE PLAY WITH TOYS. TIME SPENT  PROVID-
 ING  BASIC  HUSBANDRY  AND  ANIMAL  CARE SHALL NOT BE USED TO OFFSET THE
 SOCIAL INTERACTION TIME REQUIREMENTS OF THIS SUBDIVISION.
   4.  EACH  ANIMAL  SHELTER  SHALL PROVIDE EACH ANIMAL IN ITS CUSTODY OR
 POSSESSION OPPORTUNITY FOR EXERCISE AND  EXPLORATION  IN  THE  FOLLOWING
 MANNER:
   (A) ALL CATS HOUSED IN A CAGE, KENNEL, OR ROOM THAT PROVIDES LESS THAN
 EIGHTEEN  SQUARE FEET OF FLOOR SPACE PER CAT FOR FOURTEEN DAYS OR LONGER
 SHALL BE PERMITTED AT LEAST FIFTEEN MINUTES PER DAY AT LEAST  FIVE  DAYS
 PER WEEK OUTSIDE OF THEIR PRIMARY ENCLOSURE TO EXERCISE AND EXPLORE;
   (B) ALL DOGS RESIDING IN THE SHELTER FOR FOURTEEN DAYS OR LONGER SHALL
 BE  PERMITTED  TIME  OUTSIDE  OF THEIR PRIMARY ENCLOSURE TO EXERCISE AND
 EXPLORE FOR AT LEAST TWENTY MINUTES PER DAY FIVE DAYS PER WEEK; OR
   (C) IN THE EVENT SUCH ACTIVITIES ARE NOT POSSIBLE DUE TO ANY  ANIMAL'S
 HEALTH,  BEHAVIOR,  ORDER  OF THE COMMISSIONER OR LEGAL RESTRICTION, THE
 CONDITION AND REASON  SHALL  BE  DOCUMENTED  IN  SUCH  ANIMAL'S  MEDICAL
 RECORD.
   5. EACH ANIMAL SHELTER SHALL IMPLEMENT ADDITIONAL MEASURES FOR ENRICH-
 MENT  AND  STRESS  REDUCTION FOR ANY ANIMAL IN ITS CUSTODY OR POSSESSION
 SHOWING PERSISTENT HIDING,  HOSTILE  INTERACTIONS  WITH  OTHER  ANIMALS,
 REDUCED  ACTIVITY,  DEPRESSION OR SOCIAL WITHDRAWAL, BARRIER FRUSTRATION
 OR AGGRESSION, SELF-INJURIOUS  BEHAVIOR,  REPETITIVE  NON  GOAL-ORIENTED
 MOVEMENT, OR STEREOTYPIC BEHAVIORS. SUCH MEASURES SHALL BE DOCUMENTED IN
 SUCH  ANIMAL'S  MEDICAL  RECORD CREATED PURSUANT TO SECTION FOUR HUNDRED
 TWENTY-THREE OF THIS ARTICLE.
   6. USE OF AVERSIVE METHODS IN ANIMAL TRAINING OR BEHAVIORAL  MODIFICA-
 TION  IS  PROHIBITED  EXCEPT  IN  REWARD-BASED  METHOD SITUATIONS, WHERE
 SKILLED APPLICATION OF THE LEAST AVERSIVE METHOD  THAT  IS  EXPECTED  TO
 SUCCEED MAY BE APPROPRIATE.
   7.  ANIMAL  SHELTERS MAY PERFORM A SYSTEMATIC BEHAVIORAL EVALUATION ON
 ANIMALS PRIOR TO REHOMING OR OTHER PLACEMENT. IN THE EVENT  SUCH  EVALU-
 ATIONS ARE PERFORMED, THE FOLLOWING REQUIREMENTS SHALL APPLY:
   (A)  STAFF  PERFORMING  SUCH  EVALUATIONS  SHALL  RECEIVE, IN ADVANCE,
 ADEQUATE TRAINING IN THE PERFORMANCE AND INTERPRETATION  OF  THE  BEHAV-
 IORAL EVALUATION OR EVALUATIONS; AND
   (B)   DOCUMENTATION  OF  THE  RESULTS  OF  EVERY  BEHAVIOR  EVALUATION
 PERFORMED SHALL BE ADDED TO THE  ANIMAL'S  RECORD  CREATED  PURSUANT  TO
 SECTION FOUR HUNDRED TWENTY-THREE OF THIS ARTICLE.
   8.  EACH  LICENSED  ANIMAL  SHELTER SHALL FULLY DISCLOSE ALL AVAILABLE
 INFORMATION REGARDING THE BEHAVIOR OF  ANY  ANIMAL  IN  ITS  CUSTODY  OR
 POSSESSION  PRIOR  TO SUCH ANIMAL'S TRANSFER TO AN INDIVIDUAL OR ANOTHER
 ORGANIZATION AS AUTHORIZED PURSUANT TO SECTION  THREE  HUNDRED  SEVENTY-
 FOUR OF THIS CHAPTER. SUCH INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED
 TO  PRIOR HISTORY, OBSERVED BEHAVIORS IN THE SHELTER, AND THE RESULTS OF
 ANY SYSTEMATIC BEHAVIORAL EVALUATIONS PERFORMED.
   9. ANY ANIMAL IN THE CUSTODY OR POSSESSION OF A LICENSED ANIMAL  SHEL-
 TER  THAT  IS OBSERVED TO BE EXPERIENCING MENTAL SUFFERING OR BEHAVIORAL
 DETERIORATION SHALL BE ASSESSED AND APPROPRIATELY TREATED.
   § 431. TRANSPORTATION. 1. VEHICLE REQUIREMENTS. (A) VEHICLES AND OPER-
 ATORS EMPLOYED BY OR OTHERWISE SERVING AS AN AGENT OF ANY ANIMAL SHELTER
 TO TRANSPORT ANIMALS SHALL ADHERE TO ALL APPLICABLE FEDERAL, STATE,  AND
 LOCAL LAWS.
   (B) ANY ANIMAL TRANSPORTED BY AN ANIMAL SHELTER OR ITS AGENT SHALL NOT
 BE  PLACED  UNCONFINED  OR  TETHERED  IN  THE BACK OF AN OPEN PICK-UP OR
 FLATBED TRUCK.
 S. 6870--A                         17
 
   (C) ANY ANIMAL SHELTER OR ITS  AGENT  TRANSPORTING  ANY  ANIMAL  SHALL
 SAFELY AND SECURELY CONFINE SUCH ANIMAL IN AN ENCLOSURE SUCH AS A CRATE,
 CARRIER,  OR  CAGE WITHIN THE VEHICLE.  FOSTER CARE PROVIDERS SERVING AS
 AN AGENT OF ANY ANIMAL SHELTER FOR  PURPOSES  OF  THIS  SECTION  MAY  BE
 AUTHORIZED TO PROVIDE SECURE ALTERNATIVES TO ENCLOSURES FOR TRANSPORT OF
 LARGE DOGS.
   (D)  ANY  TRANSPORT  VEHICLE  TRANSPORTING DOGS OR CATS FOR ANY ANIMAL
 SHELTER SHALL HAVE ADEQUATE SPACE, COMFORTABLE ENVIRONMENTAL CONDITIONS,
 AND GOOD AIR QUALITY. THE ANIMAL COMPARTMENT OF  THE  TRANSPORT  VEHICLE
 SHALL PROVIDE FRESH AIR, FREE OF VEHICLE EXHAUST FUMES.
   (E)  EACH  TRANSPORT  VEHICLE, INCLUDING CARGO SPACES, SHALL BE HEATED
 AND COOLED AS NECESSARY TO PROVIDE FOR NORMAL  THERMOREGULATION  OF  THE
 ANIMALS BEING TRANSPORTED.
   (F)  EACH  TRANSPORT  VEHICLE  SHALL  HAVE A THERMOMETER PLACED IN THE
 ANIMAL COMPARTMENT. THE AMBIENT TEMPERATURE IN THE CARGO SPACE SHALL  BE
 MAINTAINED  BETWEEN SIXTY AND EIGHTY-FIVE DEGREES FAHRENHEIT, UNLESS THE
 HEALTH OF THE ANIMAL NECESSITATES AN AMBIENT TEMPERATURE THAT EXCEEDS OR
 IS LESS THAN SUCH PARAMETERS. THE OPERATOR OF SUCH VEHICLE SHALL MONITOR
 CARGO AREA TEMPERATURES AT LEAST EVERY FOUR HOURS TO ENSURE SUCH TEMPER-
 ATURES ARE MAINTAINED.
   2. GENERAL RESPONSIBILITIES OF ANIMAL  SHELTERS  OF  ORIGIN  PRIOR  TO
 TRANSPORT.  (A) IT IS THE RESPONSIBILITY OF THE ANIMAL SHELTER OF ORIGIN
 TO REASONABLY ENSURE THAT ITS DESTINATION ANIMAL SHELTERS HAVE THE ABIL-
 ITY TO MEET THE REQUIREMENTS OF SUBDIVISION FOUR OF THIS  SECTION  PRIOR
 TO  TRANSPORTING  ANY ANIMAL. A WRITTEN CONTRACT OR MEMORANDUM OF UNDER-
 STANDING BETWEEN THE ANIMAL SHELTER OF ORIGIN, ANY  INTERMEDIATE  ANIMAL
 SHELTER,  THE  DESTINATION ANIMAL SHELTER AND ANY TRANSPORTING AGENT NOT
 DIRECTLY EMPLOYED BY SUCH SHELTERS, SHALL BE EXECUTED  FOR  EACH  ANIMAL
 TRANSFER OF ONE OR MORE ANIMALS. SUCH DOCUMENT SHALL INCLUDE THE RESPON-
 SIBILITIES OF EACH PARTY AND SHALL BE REVISED OR UPDATED AS NECESSARY TO
 ENSURE THAT INFORMATION IS CURRENT.
   (B)  A  CONTACT PERSON SHALL BE DESIGNATED FOR EACH ANIMAL SHELTER AND
 ANY INTERMEDIATE TRANSFER POINTS.
   (C) EACH TRANSPORTING ORGANIZATION IDENTIFIED IN ANY AGREEMENT  ESTAB-
 LISHED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (D) OF THIS SUBDIVISION
 SHALL  ADHERE  TO  ALL  PUBLIC  HEALTH  LAWS  AND  LOCAL LAWS FOR SOURCE
 LOCATION, INTERMEDIATE TRANSFER POINTS, AND FINAL DESTINATION.
   (D) (I) FOR DOGS OR CATS IMPORTED INTO THE STATE, THE  ANIMAL  SHELTER
 OF ORIGIN SHALL ENSURE THAT EACH DOG OR CAT TO BE TRANSPORTED AGED THREE
 MONTHS  OF AGE OR OLDER HAS BEEN VACCINATED AGAINST RABIES NOT MORE THAN
 TWELVE MONTHS PRIOR TO THE DATE  OF  TRANSPORT  WHEN  USING  A  ONE-YEAR
 VACCINE,  OR NOT MORE THAN THIRTY-SIX MONTHS PRIOR TO THE DATE OF TRANS-
 PORT WHEN USING A THREE-YEAR VACCINE, AS EVIDENCED BY  A  VALID  CERTIF-
 ICATE  OF  IMMUNIZATION  SIGNED  BY  A  DULY LICENSED VETERINARIAN. SUCH
 VACCINE SHALL BE APPROVED BY THE UNITED STATES  DEPARTMENT  OF  AGRICUL-
 TURE.  THE  IMMUNIZATION  REQUIREMENT  SHALL NOT APPLY IF A VETERINARIAN
 CERTIFIES IN WRITING THAT BECAUSE OF OLD AGE OR OTHER REASON,  THE  LIFE
 OF  THE  DOG  WOULD  BE  ENDANGERED  BY THE ADMINISTRATION OF THE RABIES
 VACCINE.
   (II) AT A MINIMUM, THE ANIMAL SHELTER OF ORIGIN SHALL  ADMINISTER  THE
 FOLLOWING CORE VACCINATIONS TO EACH DOG OR CAT TO BE TRANSPORTED THAT IS
 FOUR WEEKS OF AGE OR OLDER:
   (1) FOR DOGS, A MODIFIED LIVE PRODUCT FOR DISTEMPER VIRUS, ADENOVIRUS,
 AND PARVOVIRUS AS WELL AS AN INTRANASAL OR ORAL AVIRULENT CULTURE BORDE-
 TELLA  BRONCHISEPTICA  VACCINATION  PRIOR  TO  DEPARTING FROM THE ANIMAL
 SHELTER OF ORIGIN.
 S. 6870--A                         18
 
   (2) FOR CATS, A MODIFIED LIVE PRODUCT FOR FELINE VIRAL  RHINOTRACHEIT-
 IS, FELINE CALICI VIRUS, AND FELINE PANLEUKOPENIA.
   (III)  THE ANIMAL SHELTER OF ORIGIN SHALL TREAT EACH ANIMAL FOR INTER-
 NAL AND EXTERNAL PARASITES AS APPROPRIATE  FOR  THE  AGE,  SPECIES,  AND
 MEDICAL CONDITION.
   (IV)  (1)  THE ANIMAL SHELTER OF ORIGIN SHALL EXAMINE EACH DOG AND CAT
 FOR MEDICAL OR BEHAVIORAL CONCERNS AT MOST TWENTY-FOUR  HOURS  PRIOR  TO
 INITIATION  OF  TRANSPORT. ALL MEDICAL AND BEHAVIORAL OBSERVATIONS SHALL
 BE RECORDED AND COMMUNICATED TO ANY  INTERMEDIATE  ANIMAL  SHELTER,  THE
 DESTINATION  ANIMAL  SHELTER  AND  ANY  TRANSPORTING  AGENT NOT DIRECTLY
 EMPLOYED BY SUCH SHELTERS.
   (2) A HEALTH RECORD SHALL ACCOMPANY EACH ANIMAL TO BE TRANSPORTED.
   (3) A HEALTH CERTIFICATE IS REQUIRED FOR EACH ANIMAL TO BE TRANSPORTED
 INTO THE STATE IN ACCORDANCE WITH PART SIXTY-FIVE OF THE  COMMISSIONER'S
 RULES  AND  REGULATIONS.  SUCH  CERTIFICATE  SHALL ACCOMPANY EACH ANIMAL
 DURING TRANSPORT AND BE COMPLETED AND SIGNED BY A DULY LICENSED  VETERI-
 NARIAN.
   (V)  EACH  ANIMAL SHALL BE INDIVIDUALLY IDENTIFIED WITH A COLLAR, TAG,
 TATTOO, MICROCHIP OR COMBINATION OF SUCH IDENTIFIERS. ALL ANIMALS  SHALL
 HAVE, AT A MINIMUM, ONE FORM OF VISUAL IDENTIFICATION.
   3.  GENERAL  RESPONSIBILITIES DURING TRANSPORT. (A) EACH ANIMAL TRANS-
 PORTED SHALL BE PROVIDED WITH ABSORBENT BEDDING.
   (B) NO ANIMAL SHALL BE SEDATED OR TRANQUILIZED UNLESS RECOMMENDED BY A
 DULY LICENSED VETERINARIAN AND VETERINARY GUIDANCE IS PROVIDED FOR  SUCH
 ANIMAL'S CARE DURING TRANSPORT.
   (C)  THE MAXIMUM TRANSPORT TIME TO AN INTERMEDIATE ANIMAL SHELTER OR A
 DESTINATION ANIMAL SHELTER FOR DOGS AND CATS SHALL INCLUDE NOT MORE THAN
 FOURTEEN HOURS CONFINED TO THE TRANSPORT VEHICLE, INCLUDING  LOAD  TIME.
 TRANSPORTS EXCEEDING FOURTEEN HOURS MUST INCLUDE AN OVERNIGHT STOP AT AN
 INTERMEDIARY  LOCATION,  WHERE THE DOGS AND CATS BEING TRANSPORTED SHALL
 BE ALLOWED THE OPPORTUNITY TO EXERCISE  AND  ELIMINATE  OUTSIDE  OF  THE
 TRANSPORT VEHICLE.
   (D)  THE  TRANSPORTING  ANIMAL SHELTER OR ITS AGENT SHALL OBSERVE EACH
 ANIMAL BEING TRANSPORTED AS OFTEN AS CIRCUMSTANCES ALLOW, BUT  NOT  LESS
 THAN ONCE EVERY FOUR HOURS.  DURING SUCH OBSERVATIONS, ANIMALS SHOULD BE
 WATERED  AND FED CONSISTENT WITH PARAGRAPHS (G) AND (H) OF THIS SUBDIVI-
 SION, AND THE TRANSPORT AREA CLEANED AS APPROPRIATE.
   (E) EACH DOG SHALL BE PROVIDED WITH THE OPPORTUNITY  TO  EXERCISE  AND
 ELIMINATE  AT LEAST ONCE EVERY TWELVE HOURS WHILE CONFINED TO THE TRANS-
 PORT VEHICLE, INCLUDING LOAD TIME.  EACH DOG BEING TRANSPORTED  THAT  IS
 LESS  THAN TWELVE WEEKS OF AGE SHALL BE REMOVED FROM THEIR ENCLOSURE AND
 ALLOWED TO EXERCISE AND ELIMINATE AT LEAST EVERY TWO HOURS.
   (F) NO DOG OR CAT SHALL BE LEFT UNATTENDED IN  ANY  TRANSPORT  VEHICLE
 FOR  MORE  THAN ONE HOUR, REGARDLESS OF WHETHER HEATING, VENTILATION AND
 AIR CONDITIONING (HVAC) IS PROVIDED IN SUCH VEHICLE.
   (G) THE TRANSPORTING ANIMAL SHELTER OR ITS AGENT  SHALL  PROVIDE  EACH
 ANIMAL  BEING  TRANSPORTED WITH WHOLESOME AND PALATABLE FOOD EXCEPT WHEN
 THERE ARE INSTRUCTIONS FROM A DULY  LICENSED  VETERINARIAN  TO  WITHHOLD
 FOOD FOR MEDICAL REASONS. SUCH FOOD SHALL BE FREE FROM CONTAMINATION, OF
 NUTRITIONAL  VALUE SUFFICIENT TO MAINTAIN EACH ANIMAL IN GOOD HEALTH AND
 BE PROVIDED AT LEAST EVERY TWELVE HOURS  FOR  ADULT  ANIMALS;  AT  LEAST
 EVERY  EIGHT HOURS FOR ANIMALS LESS THAN SIX MONTHS OF AGE; AND AT LEAST
 EVERY SIX HOURS FOR ANIMALS LESS THAN FOUR MONTHS OF AGE.
   (H) IF WATER CANNOT BE PROVIDED AT ALL TIMES, THE TRANSPORTING  ANIMAL
 SHELTER  OR  ITS  AGENT  SHALL PROVIDE CLEAN, FRESH WATER TO EACH ANIMAL
 BEING TRANSPORTED AT LEAST EVERY FOUR  HOURS  DURING  OBSERVATION  STOPS
 S. 6870--A                         19
 
 REQUIRED  PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION.
 SUCH WATER SHALL BE SUPPLIED IN A SANITARY  MANNER  SUFFICIENT  FOR  ITS
 NEEDS,  EXCEPT WHERE THERE ARE INSTRUCTIONS FROM A DULY LICENSED VETERI-
 NARIAN TO WITHHOLD WATER FOR MEDICAL REASONS.
   (I)  ANIMAL ENCLOSURE REQUIREMENTS. (I) ANIMAL ENCLOSURES IN TRANSPORT
 VEHICLES SHALL BE SUITABLE TO ALLOW THE ANIMAL TO STAND, SIT ERECT, TURN
 AROUND WHILE STANDING, AND TO LIE IN A NATURAL POSITION.  IF  MORE  THAN
 ONE ANIMAL OCCUPIES ANY ENCLOSURE DURING TRANSPORT, SUCH ENCLOSURE SHALL
 PROVIDE ADEQUATE SPACE FOR EACH TO LIE DOWN COMFORTABLY AT THE SAME TIME
 WITHOUT LYING ON TOP OF EACH OTHER.
   (II)  UNFAMILIAR  ANIMALS  SHALL NOT BE CONTAINED TOGETHER IN THE SAME
 ENCLOSURE.
   (III) CRATES, CARRIERS OR CAGES SHALL NOT BE STACKED IN THE  TRANSPORT
 VEHICLE  IN A MANNER THAT INCREASES ANIMAL STRESS OR DISCOMFORT, COMPRO-
 MISES VENTILATION, ALLOWS WASTE MATERIAL TO PASS BETWEEN  CAGES,  INTER-
 FERES WITH CARE AND OBSERVATION, OR HINDERS EMERGENCY REMOVAL.
   (IV)  ALL  ANIMAL  ENCLOSURES  AND COMPARTMENTS SHALL BE FREE OF SHARP
 EDGES OR OTHER HAZARDOUS MATERIALS.
   (V) THE FLOOR OF ANY ENCLOSURE SHALL PREVENT INJURY,  DISCOMFORT,  AND
 LEAKAGE OF FLUIDS INTO OTHER ENCLOSURES.
   (VI)  THE  ANIMAL  SHELTER  OR ITS AGENT SHALL ENSURE THAT EACH ANIMAL
 TRANSPORTED IS SAFELY AND SECURELY CONFINED  WITHIN  EACH  ENCLOSURE  AS
 PRESCRIBED  BY  THIS  SECTION  AND  THAT  ENCLOSURE DOORS ARE SECURED TO
 PREVENT ACCIDENTAL OPENING.
   (VII) THE ANIMAL SHELTER OR ITS AGENT SHALL SECURE EACH PRIMARY ENCLO-
 SURE TO PREVENT MOVEMENT WITHIN THE TRANSPORT VEHICLE.
   (VIII) EACH DOG OR CAT LESS THAN EIGHT WEEKS OF AGE  SHALL  BE  TRANS-
 PORTED  IN  AN ENCLOSURE WITH THEIR MOTHER, WITH ADEQUATE SPACE TO ALLOW
 THE MOTHER TO LIE DOWN ON HER SIDE  WITH  LEGS  EXTENDED  TO  FACILITATE
 NURSING UNLESS SUCH DOG OR CAT IS ORPHANED, A DULY LICENSED VETERINARIAN
 DIRECTS  OTHERWISE,  THE  TRANSPORT  PERIOD DOES NOT EXCEED ONE HOUR, OR
 TRANSPORT WITH THE MOTHER IS DEEMED TO POSE A SIGNIFICANT  SAFETY  RISK.
 IN  THE  EVENT  SUCH  DOG OR CAT IS NOT TRANSPORTED WITH ITS MOTHER, THE
 ANIMAL SHELTER OR ITS AGENT SHALL ENSURE  AN  ADEQUATE  ENVIRONMENT  AND
 TEMPERATURE  FOR  THE  OFFSPRING. THE TRANSPORTING ANIMAL SHELTER OR ITS
 AGENT  SHALL  TRANSPORT  ANIMALS  WITH  KNOWN  OR  SUSPECTED  INFECTIOUS
 DISEASES  THAT COULD BE SPREAD DURING TRANSPORT IN SEPARATE COMPARTMENTS
 FROM HEALTHY ANIMALS.
   (IX) THE TRANSPORTING ANIMAL SHELTER OR ITS AGENT SHALL  CLEAN  ANIMAL
 ENCLOSURES  AND  REPLACE LITTER AS OFTEN AS NECESSARY TO PREVENT SOILING
 ANY ANIMAL BEING TRANSPORTED. IF ANY ANIMAL  MUST  BE  REMOVED  FROM  AN
 ENCLOSURE TO FACILITATE CLEANING, THE TRANSPORTING ANIMAL SHELTER OR ITS
 AGENT  SHALL  EMPLOY  SAFEGUARDS  TO  ENSURE  ANIMAL  SAFETY AND PREVENT
 ESCAPE.
   (J) TRANSPORT VEHICLE OPERATORS. (I) TRANSPORT VEHICLE  OPERATORS  AND
 INDIVIDUALS  WHO  ASSIST IN THE TRANSPORT OF ANIMALS SHALL HAVE TRAINING
 IN ANIMAL HEALTH, ANIMAL  CARE,  AND  SAFETY  ISSUES  TO  RECOGNIZE  AND
 RESPOND TO ANIMAL NEEDS DURING TRANSPORT.
   (II) TRANSPORT VEHICLE OPERATORS SHALL AVOID UNNECESSARY SUDDEN ACCEL-
 ERATION, DECELERATION, EXCESSIVE LATERAL MOVEMENT, NOISE AND VIBRATION.
   (III)  TRANSPORT  VEHICLE  OPERATORS AND INDIVIDUALS WHO ASSIST IN THE
 TRANSPORT OF ANIMALS SHALL OBSERVE DOGS AND  CATS  FOR  ANY  MEDICAL  OR
 BEHAVIORAL  CONCERNS DURING EACH STOP AND SHALL RESPOND APPROPRIATELY TO
 ANY CONCERNS IDENTIFIED.
   (IV) TRANSPORT VEHICLE OPERATORS AND INDIVIDUALS  WHO  ASSIST  IN  THE
 TRANSPORT  OF ANIMALS SHALL CLEAN AND DISINFECT EACH ENCLOSURE AFTER USE
 S. 6870--A                         20
 
 IN TRANSPORTING AN ANIMAL AND BEFORE TRANSPORTING DIFFERENT  ANIMALS  IN
 THE SAME ENCLOSURE.
   4.  GENERAL REQUIREMENTS OF DESTINATION ANIMAL SHELTERS. EACH DESTINA-
 TION ANIMAL SHELTER SHALL PROVIDE THE FOLLOWING:
   (A) ADEQUATELY TRAINED PERSONNEL READY TO RECEIVE AND MEDICALLY EVALU-
 ATE EACH ANIMAL RECEIVED FROM ANY TRANSPORTING  ANIMAL  SHELTER  OR  ITS
 AGENT UPON ARRIVAL;
   (B) A PHYSICAL EXAMINATION OF EACH ANIMAL RECEIVED FROM ANY TRANSPORT-
 ING ANIMAL SHELTER WITH CORRESPONDING DOCUMENTATION PERFORMED BY TRAINED
 PERSONNEL  PURSUANT TO SECTION FOUR HUNDRED TWENTY-THREE OF THIS ARTICLE
 WITHIN FOUR HOURS OF ARRIVAL;
   (C) VETERINARY CARE IN ACCORDANCE WITH SECTION  FOUR  HUNDRED  TWENTY-
 NINE  OF  THIS  ARTICLE  FOR  EACH ANIMAL RECEIVED FROM ANY TRANSPORTING
 ANIMAL SHELTER REQUIRING SUCH CARE AND ADDITIONAL REASONABLE CARE.
   (D) ADEQUATE HOUSING FOR  ARRIVING  ANIMALS  PREPARED  IN  ADVANCE  OF
 ARRIVAL, INCLUDING:
   (I)  HOUSING  IN  A  QUARANTINE AREA IF NEEDED, BASED ON ASSESSMENT OF
 HEALTH STATUS, ANIMAL SOURCE, AND RISK OF INFECTIOUS, CONTAGIOUS,  PARA-
 SITIC OR COMMUNICABLE DISEASE; AND
   (II)  ISOLATION  AREAS  FOR ANIMALS WITH KNOWN OR SUSPECTED CONTAGIOUS
 DISEASES, AS REQUIRED UNDER SECTIONS FOUR HUNDRED TWENTY-FOUR  AND  FOUR
 HUNDRED TWENTY-FIVE OF THIS ARTICLE.
   5. NO ANIMAL SHELTER OR ITS AGENTS SHALL TRANSPORT ANY DOG OR CAT LESS
 THAN  ONE  YEAR  OF AGE WHOSE POINT OF ORIGIN IS ANY BREEDER LICENSED BY
 THE UNITED STATES DEPARTMENT OF AGRICULTURE PURSUANT TO  THE  PROVISIONS
 OF  U.S.P.L.  89-544  AS OF AUGUST TWENTY-FOURTH, NINETEEN SIXTY-SIX, OR
 ANY SUBSEQUENT CORRESPONDING SECTIONS OF THE FEDERAL ANIMAL WELFARE ACT,
 AS FROM TIME TO TIME AMENDED.
   § 432. FOSTER CARE PROVIDER REQUIREMENTS. 1. NO PERSON MAY OPERATE  AS
 A FOSTER CARE PROVIDER IN THIS STATE WITHOUT FIRST HAVING SIGNED A WRIT-
 TEN  AGREEMENT  WITH AN ANIMAL SHELTER LICENSED PURSUANT TO THIS ARTICLE
 STATING THAT SUCH PERSON MAY OPERATE AS A FOSTER CARE PROVIDER WITH  THE
 APPROVAL  AND  UNDER  THE  RESPONSIBILITY  OF  SUCH ANIMAL SHELTER. SUCH
 AGREEMENT SHALL BE RENEWED NOT LESS THAN ONCE EVERY  TWO  YEARS,  AND  A
 COPY  OF  SUCH  AGREEMENT  SHALL  BE KEPT BY BOTH THE ANIMAL SHELTER AND
 FOSTER CARE PROVIDER AND MADE AVAILABLE FOR INSPECTION  BY  THE  COMMIS-
 SIONER  UPON REQUEST. IT SHALL BE THE RESPONSIBILITY OF THE ANIMAL SHEL-
 TER ENTERING INTO SUCH AGREEMENT WITH ANY FOSTER CARE PROVIDER  PURSUANT
 TO  THIS  ARTICLE  TO  ENSURE  THAT SUCH FOSTER CARE PROVIDER IS ABLE TO
 RESPONSIBLY HARBOR AND  PROVIDE  NECESSARY  SUSTENANCE  FOR  ANY  ANIMAL
 PLACED  IN  THEIR  CARE BY SUCH ANIMAL SHELTER IN A MANNER THAT PROMOTES
 THE GOOD HEALTH, SAFETY AND WELFARE OF SUCH ANIMALS. NO  ANIMAL  SHELTER
 SHALL  KNOWINGLY  ENTER  INTO ANY AGREEMENT PURSUANT TO THIS SUBDIVISION
 WITH ANY PERSON WHO HAS BEEN PREVIOUSLY CONVICTED OF A VIOLATION OF  ANY
 PROVISION  OF  ARTICLE TWENTY-SIX OF THIS CHAPTER OR REGULATIONS PROMUL-
 GATED THEREUNDER PERTAINING TO HUMANE TREATMENT OF ANIMALS,  CRUELTY  TO
 ANIMALS,  ENDANGERING  THE  LIFE OR HEALTH OF AN ANIMAL, OR VIOLATION OF
 ANY FEDERAL, STATE, OR LOCAL LAW  PERTAINING  TO  THE  CARE,  TREATMENT,
 SALE,  POSSESSION,  OR  HANDLING  OF  ANIMALS  OR ANY REGULATION OR RULE
 RELATING TO THE ENDANGERMENT OF THE LIFE OR HEALTH OF AN ANIMAL.
   2. FOSTER CARE PROVIDERS MAY HARBOR ANIMALS OWNED BY A LICENSED ANIMAL
 SHELTER BUT SHALL NOT OWN SUCH ANIMALS AND SHALL  KEEP  A  COPY  OF  THE
 CURRENT  RECORD  OF EACH ANIMAL HARBORED UNDER ANY AGREEMENT ESTABLISHED
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION.  SUCH RECORD SHALL BE MAIN-
 TAINED AT THE PHYSICAL PREMISES WHERE SUCH FOSTER CARE PROVIDERS  HARBOR
 SUCH ANIMALS. ANIMAL SHELTERS MAY, IF APPROPRIATE TO PROTECT THE IDENTI-
 S. 6870--A                         21
 
 TY OF THE SOURCE OF ANY ANIMAL, PROVIDE THEIR FOSTER CARE PROVIDERS WITH
 A PARTIAL ANIMAL RECORD THAT EXCLUDES THE NAME AND ADDRESS OF THE ORGAN-
 IZATION OR INDIVIDUAL FROM WHOM SUCH ANIMAL WAS OBTAINED AND THE DATE OF
 RECEIPT,  SO  LONG  AS  SUCH ANIMAL SHELTERS KEEP A COPY OF THE COMPLETE
 RECORD AT THE LOCATION WHERE  IT  MAINTAINS  SUCH  RECORDS  PURSUANT  TO
 SECTION  FOUR  HUNDRED TWENTY-THREE OF THIS ARTICLE. IT IS THE RESPONSI-
 BILITY OF THE ANIMAL SHELTER WITH WHICH SUCH FOSTER  CARE  PROVIDER  HAS
 ESTABLISHED  AN AGREEMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION TO
 ENSURE COMPLIANCE WITH THIS SUBDIVISION.
   3. ANY ANIMAL HARBORED BY A FOSTER  CARE  PROVIDER  PURSUANT  TO  THIS
 SECTION THAT IS AFFECTED BY AN INFECTIOUS OR CONTAGIOUS DISEASE SHALL BE
 HANDLED  IN A MANNER THAT PREVENTS THE SPREAD OF SUCH DISEASE IN ACCORD-
 ANCE WITH SUBDIVISION NINE OF SECTION FOUR HUNDRED TWENTY-FOUR  OF  THIS
 ARTICLE. IT SHALL BE THE RESPONSIBILITY OF THE ANIMAL SHELTER WITH WHICH
 SUCH  FOSTER  CARE  PROVIDER  HAS  ESTABLISHED  AN AGREEMENT PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION TO ENSURE COMPLIANCE WITH THIS  SUBDIVI-
 SION.
   §  433.  VIOLATIONS. 1. ANY ANIMAL SHELTER THAT VIOLATES ANY PROVISION
 OF THIS ARTICLE MAY BE SUBJECT TO LICENSURE DENIAL, REVOCATION,  SUSPEN-
 SION, OR REFUSAL OF LICENSE RENEWAL IN ACCORDANCE WITH THE PROVISIONS OF
 SUBDIVISION SEVEN OF SECTION FOUR HUNDRED TWENTY-ONE OF THIS ARTICLE.
   2.  VIOLATION  OF  ANY  PROVISION  OF  THIS  ARTICLE  SHALL BE A CIVIL
 OFFENSE, FOR WHICH A PENALTY OF NOT LESS THAN ONE  HUNDRED  DOLLARS  AND
 NOT  MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION MAY BE IMPOSED BY
 THE COMMISSIONER; PROVIDED, THAT WHENEVER THERE SHALL BE A VIOLATION  OF
 THIS  ARTICLE,  APPLICATION  MAY  BE MADE BY THE ATTORNEY GENERAL IN THE
 NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
 JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN  INJUNCTION,  AND  UPON
 NOTICE  TO  THE  DEFENDANT  OF  NOT  LESS  THAN FIVE DAYS, TO ENJOIN AND
 RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL  APPEAR  TO
 THE  SATISFACTION  OF  THE  COURT  OR JUSTICE THAT THE DEFENDANT HAS, IN
 FACT, VIOLATED THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY  SUCH  COURT
 OR  JUSTICE,  ENJOINING  AND  RESTRAINING ANY FURTHER VIOLATION, WITHOUT
 REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED
 THEREBY.  IN  ANY  SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE
 ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH  SIX  OF  SUBDIVISION  (A)  OF
 SECTION  EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES,
 AND DIRECT RESTITUTION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A
 VIOLATION  OF  THIS  ARTICLE  HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL
 PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS AND NOT MORE THAN ONE THOU-
 SAND DOLLARS. IN CONNECTION WITH  ANY  SUCH  PROPOSED  APPLICATION,  THE
 ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF
 THE  RELEVANT  FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL
 PRACTICE LAW AND RULES.
   3. ANY ANIMAL SHELTER THAT VIOLATES ANY  PROVISIONS  OF  THIS  ARTICLE
 SHALL  CORRECT  SUCH  VIOLATIONS TO THE SATISFACTION OF THE COMMISSIONER
 WITHIN A PERIOD NOT TO EXCEED TEN DAYS; PROVIDED,  HOWEVER,  THAT  WHERE
 SUCH  VIOLATION  POSES  A SEVERE OR IMMEDIATE THREAT TO PUBLIC HEALTH OR
 ANIMAL SAFETY OR WELL-BEING, SUCH VIOLATION SHALL BE  CORRECTED  TO  THE
 SATISFACTION  OF THE COMMISSIONER WITHIN A PERIOD NOT TO EXCEED SEVENTY-
 TWO HOURS.
   4. NOTHING IN THIS SECTION SHALL PRECLUDE THE COMMISSIONER FROM TAKING
 ADDITIONAL ACTIONS TO ADDRESS VIOLATIONS RELATED TO THE IMMEDIATE THREAT
 TO ANIMAL SAFETY OR WELL-BEING, INCLUDING BUT NOT LIMITED TO, SUSPENSION
 OF ANIMAL SHELTER OPERATIONS UNTIL SUCH VIOLATIONS ARE CORRECTED TO  THE
 SATISFACTION OF THE COMMISSIONER.
 S. 6870--A                         22

   5.  UPON  IDENTIFICATION  OF  ONE OF MORE VIOLATIONS, THE COMMISSIONER
 SHALL PROVIDE THE ANIMAL SHELTER  WITH  A  WRITTEN  DESCRIPTION  OF  ALL
 VIOLATIONS ISSUED AND THE STEPS NECESSARY TO CORRECT SUCH DEFICIENCIES.
   §  434. WAIVING OF REQUIREMENTS AUTHORIZED. THE COMMISSIONER IS HEREBY
 AUTHORIZED TO WAIVE THE REQUIREMENTS ESTABLISHED PURSUANT TO THIS  ARTI-
 CLE  DURING  A DISASTER EMERGENCY, PROVIDED THAT AN OFFICIAL DECLARATION
 OF SUCH DISASTER EMERGENCY HAS BEEN MADE BY THE GOVERNOR OR HIS  OR  HER
 DELEGATED  STATE OFFICIAL PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECU-
 TIVE LAW.
   § 3. The agriculture and markets  law  is  amended  by  adding  a  new
 section 384 to read as follows:
   §  384. SPECIAL PROVISIONS RELATED TO THE IMPORTATION OF DOGS AND CATS
 INTO THE STATE FOR SALE, RESALE OR ADOPTION. 1. ANY DOG OR CAT  IMPORTED
 INTO  THIS  STATE  FOR THE PURPOSES OF SALE, RESALE OR ADOPTION SHALL BE
 HELD BY THE CONSIGNEE FOR A PERIOD OF NOT LESS THAN  FORTY-EIGHT  HOURS.
 SUCH  DOG  OR CAT SHALL BE VACCINATED IN ACCORDANCE WITH SECTION TWENTY-
 ONE HUNDRED FORTY-ONE OF THE PUBLIC HEALTH LAW AND  PART  SIXTY-FIVE  OF
 THE COMMISSIONER'S RULES AND REGULATIONS.
   2. IF, DURING THE HOLDING PERIOD PRESCRIBED IN SUBDIVISION ONE OF THIS
 SECTION,  ANY  DOG  OR  CAT  IMPORTED INTO THE STATE FOR SALE, RESALE OR
 ADOPTION EXHIBITS SIGNS OF INFECTIOUS, CONTAGIOUS, PARASITIC OR COMMUNI-
 CABLE DISEASE, INCLUDING BUT NOT LIMITED TO COUGHING,  SNEEZING,  VOMIT-
 ING,  DIARRHEA  OR  BLOODY  STOOL,  SUCH DOG OR CAT MUST BE ISOLATED AND
 EXAMINED BY A DULY LICENSED ATTENDING VETERINARIAN IMMEDIATELY. ANY DOGS
 OR CATS THAT HAVE BEEN DEEMED EXPOSED TO SUCH DOG OR CAT MUST BE QUARAN-
 TINED, IF NECESSARY, UNDER THE DIRECTION OF SUCH ATTENDING  VETERINARIAN
 AND  HELD  UNTIL SUCH ATTENDING VETERINARIAN DECLARES THEM TO BE FREE OF
 DISEASE.
   3. ANY DOG OR CAT PASSING THROUGH  THE  STATE  TO  POINTS  BEYOND,  OR
 BROUGHT  INTO  THE STATE FOR TEMPORARY RESIDENCE FOR PURPOSES OF EXHIBI-
 TION, OR WHICH ENTERS THE STATE FOR DELIVERY  TO  RESEARCH  INSTITUTIONS
 SHALL  BE EXEMPT FROM THE PROVISIONS OF THIS SECTION, PROVIDED THAT SUCH
 DOG OR CAT IS AT ALL TIMES PROPERLY RESTRAINED AND UNDER  THE  IMMEDIATE
 CONTROL  OF THE OWNER OR CUSTODIAN, AND THAT SUCH DOG OR CAT IS ACCOMPA-
 NIED WITH PROOF OF PROPER IMMUNIZATION AGAINST RABIES.
   4. VIOLATION OF ANY  PROVISION  OF  THIS  SECTION  SHALL  BE  A  CIVIL
 OFFENSE,  FOR  WHICH  A PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS AND
 NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION SHALL BE  IMPOSED.
 ANY  PERSON LICENSED PURSUANT TO ARTICLE TWENTY-SIX-A OR TWENTY-SIX-C OF
 THIS CHAPTER WHO VIOLATES ANY PROVISION OF THIS SECTION MAY  BE  SUBJECT
 TO  DENIAL,  REVOCATION, SUSPENSION, OR REFUSAL OF RENEWAL OF HIS OR HER
 LICENSE IN ACCORDANCE WITH THE PROVISIONS OF SECTION FOUR HUNDRED  TWEN-
 TY-ONE OF THIS CHAPTER.
   §  4.  Paragraphs  (b)  and (c) of subdivision 4 of section 400 of the
 agriculture and markets law, as added by chapter  168  of  the  laws  of
 2017, are amended to read as follows:
   (b)  Any  municipal pound or shelter dedicated to the care of unwanted
 animals which makes such animals available for adoption whether or not a
 fee for such adoption is charged, established and maintained pursuant to
 subdivision one of section one hundred fourteen  of  this  chapter,  AND
 THAT  IS  DULY LICENSED AS AN ANIMAL SHELTER PURSUANT TO ARTICLE TWENTY-
 SIX-C OF THIS CHAPTER; and
   (c) Any duly incorporated society for the  prevention  of  cruelty  to
 animals,  duly  incorporated  humane  society,  duly incorporated animal
 protective association or other duly  incorporated  animal  adoption  or
 animal  rescue  organization  dedicated  to the care of unwanted animals
 S. 6870--A                         23
 
 which makes such animals available for adoption whether or not a fee for
 such adoption is charged that is exempt from taxes pursuant to paragraph
 (3) of subsection (c) of section 501 of  the  federal  Internal  Revenue
 Code,  26  U.S.C.  501,  or any subsequent corresponding sections of the
 federal Internal Revenue Code, as from time to  time  amended,  that  is
 [registered  with  the  department]  DULY  LICENSED AS AN ANIMAL SHELTER
 pursuant to [section four hundred eight] ARTICLE  TWENTY-SIX-C  of  this
 [article] CHAPTER.
   §  5. Subdivision 3 of section 403 of the agriculture and markets law,
 as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
 follows:
   3. Each application for a license shall be accompanied by a nonrefund-
 able  fee  of  one hundred FIFTY dollars[, except that those pet dealers
 who engage in the sale of less than twenty-five animals in a year, shall
 pay a nonrefundable fee of twenty-five dollars].
   § 6. Section 408 of the agriculture and markets law is REPEALED.
   § 7. Section 380 of the agriculture and markets law, as added by chap-
 ter 470 of the laws of 2017, is renumbered section 383.
   § 8. Subdivision 3 of section 752 of  the  general  business  law,  as
 amended  by  chapter  168  of  the  laws  of 2017, is amended to read as
 follows:
   3. For purposes of section seven hundred fifty-three of this  article,
 a  "pet  dealer"  shall  mean  any person who, in the ordinary course of
 business, engages in the sale or offering for sale  of  more  than  nine
 animals per year for profit to the public. Such definition shall include
 breeders  of  animals  who  sell or offer for sale animals directly to a
 consumer but it shall not include any municipal pound or shelter  estab-
 lished and maintained pursuant to subdivision one of section one hundred
 fourteen  of  the  agriculture  and  markets law AND DULY LICENSED AS AN
 ANIMAL SHELTER PURSUANT TO ARTICLE TWENTY-SIX-C OF THE  AGRICULTURE  AND
 MARKETS  LAW,  or  any  duly  incorporated society for the prevention of
 cruelty to animals, duly incorporated humane society, duly  incorporated
 animal protective association or other duly incorporated animal adoption
 or  animal  rescue organization that is tax exempt pursuant to paragraph
 (3) of subsection (c) of section 501 of  the  federal  Internal  Revenue
 Code,  26  U.S.C.  501,  or any subsequent corresponding sections of the
 federal Internal Revenue Code, as from time to time  amended,  that  [is
 registered  with  the  department]  DULY  LICENSED  AS AN ANIMAL SHELTER
 pursuant to [section four hundred eight]  ARTICLE  TWENTY-SIX-C  of  the
 agriculture  and  markets  law.  For  purposes of sections seven hundred
 fifty-three-a, seven hundred fifty-three-b, seven hundred  fifty-three-c
 and seven hundred fifty-three-d of this article, "pet dealer" shall mean
 any  person  who  engages  in the sale or offering for sale of more than
 nine animals per year for profit to the public.  Such  definition  shall
 include  breeders who sell animals; but it shall not include the follow-
 ing:
   (a) Any breeder who sells or offers to sell directly to  the  consumer
 fewer  than twenty-five animals per year that are born and raised on the
 breeders residential premises.
   (b) Any municipal pound or shelter established and maintained pursuant
 to subdivision one of section one hundred fourteen  of  the  agriculture
 and markets law AND DULY LICENSED AS AN ANIMAL SHELTER PURSUANT TO ARTI-
 CLE TWENTY-SIX-C OF THE AGRICULTURE AND MARKETS LAW.
   (c)  Any  duly  incorporated  society for the prevention of cruelty to
 animals, duly incorporated  humane  society,  duly  incorporated  animal
 protective  association  or  other  duly incorporated animal adoption or
 S. 6870--A                         24

 animal rescue organization that is exempt from taxes pursuant  to  para-
 graph  (3)  of  subsection  (c)  of  section 501 of the federal Internal
 Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of
 the federal Internal Revenue Code, as from time to time amended, that is
 [registered  with  the  department]  DULY  LICENSED AS AN ANIMAL SHELTER
 pursuant to [section four hundred eight]  ARTICLE  TWENTY-SIX-C  of  the
 agriculture and markets law.
   § 9. The state finance law is amended by adding a new section 99-oo to
 read as follows:
   §  99-OO.  ANIMAL  SHELTER  REGULATION FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF TAXATION AND FINANCE, A FUND TO BE KNOWN  AS  THE  ANIMAL  SHELTER
 REGULATION FUND.
   2. SUCH FUND SHALL CONSIST OF ALL MONIES COLLECTED PURSUANT TO ARTICLE
 TWENTY-SIX-C  OF  THE  AGRICULTURE AND MARKETS LAW, AND ALL OTHER MONIES
 CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR  SOURCE  PURSUANT
 TO LAW.
   3.  MONIES  OF  THE  FUND SHALL BE EXPENDED SOLELY FOR THE PURPOSES OF
 CARRYING OUT THE PROVISIONS OF ARTICLE TWENTY-SIX-C OF  THE  AGRICULTURE
 AND  MARKETS LAW.  MONIES SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND
 WARRANT OF THE STATE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSION-
 ER OF AGRICULTURE AND MARKETS. ANY INTEREST RECEIVED BY THE  COMPTROLLER
 ON  MONIES ON DEPOSIT IN THE PET DEALER LICENSING FUND SHALL BE RETAINED
 IN AND BECOME PART OF SUCH FUND.
   § 10. This act shall take effect  three  years  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
 by the commissioner of agriculture and markets on or before such  effec-
 tive date.