NY State Senate Bill 2023-S5674

Senate Bill S5674

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Agriculture Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

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

Optional services from the NY State Senate:

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

Include a custom message for your Senator? (Optional)

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

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to agriculture
Mar 13, 2023	referred to agriculture

co-Sponsors

2023-S5674 (ACTIVE) - Details

See Assembly Version of this Bill:: A3714
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §365, add §365-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11328
2019-2020: A2764
2021-2022: A3339

2023-S5674 (ACTIVE) - Summary

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

2023-S5674 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5674

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to prohib-
iting ear clipping and tail docking of dogs unless deemed medically
necessary to protect the life or health of the dog

 
PURPOSE OF BILL:

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

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Subdivision 1 of section 365 of the agriculture and markets
law, as amended by chapter 458 of the laws of 1985, is amended to estab-
lish that ear clipping of a dog or cat is only permitted when a licensed
veterinarian deems it medically necessary to protect the life or health
of the dog or cat.

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

Section 3: This act shall take effect immediately.

 
JUSTIFICATION:

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

 
LEGISLATIVE HISTORY:

A3339 of 2021-2022: (Fernandez) referred to agriculture / No same as

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S5674 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5674
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture
 
 AN  ACT to amend the agriculture and markets law, in relation to prohib-
   iting ear clipping and tail docking of dogs  unless  deemed  medically
   necessary to protect the life or health of the dog

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 365 of the agriculture and markets
 law, as amended by chapter 458 of the laws of 1985, is amended  to  read
 as follows:
   1.  Whoever clips or cuts off or causes or procures another to clip or
 cut off the whole or any part of an ear of any dog unless an  anesthetic
 shall  have  been  given  to  the  dog  and the operation performed by a
 licensed veterinarian WHO DEEMS SUCH OPERATION  MEDICALLY  NECESSARY  TO
 PROTECT  THE  LIFE  OR  HEALTH  OF  THE DOG, is guilty of a misdemeanor,
 punishable by imprisonment for not more than one year, or a fine of  not
 more than one thousand dollars, or by both.
   §  2.  The  agriculture  and  markets  law  is amended by adding a new
 section 365-a to read as follows:
   § 365-A. DOCKING DOG TAILS; UNLAWFUL. 1. ANY PERSON WHO CUTS THE BONE,
 TISSUE, MUSCLES OR TENDONS OF THE TAIL OF ANY DOG, OR OTHERWISE OPERATES
 UPON IT IN ANY MANNER FOR THE PURPOSE OR WITH THE EFFECT OF  DOCKING  OR
 OTHERWISE  ALTERING  THE  NATURAL  CARRIAGE  OR  LENGTH  OF THE TAIL, OR
 ASSISTS, PROCURES, PROMOTES OR ENCOURAGES SUCH CUTTING OR OPERATION  FOR
 REASONS  OTHER  THAN  TO PROTECT THE LIFE OR HEALTH OF THE DOG AS DEEMED
 NECESSARY BY A DULY LICENSED VETERINARIAN, IS GUILTY  OF  A  MISDEMEANOR
 PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS.
   2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY DOG OR PERSON
 WHO  IS  THE OWNER OR POSSESSOR OF ANY DOG WHOSE TAIL HAS BEEN CERTIFIED
 AS HAVING BEEN DOCKED, CUT OR ALTERED PRIOR TO AUGUST FIRST,  TWO  THOU-
 SAND TWENTY-FOUR.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07760-01-3

Comments

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

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

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

Senate Bill S5674

Share this bill

Sponsored By

Nathalia Fernandez