S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8551
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2025
                                ___________
 
 Introduced  by  M. of A. DAIS -- read once and referred to the Committee
   on Agriculture
 
 AN ACT to  amend  the  agriculture  and  markets  law,  in  relation  to
   restricting  the  performance of surgical devocalization procedures on
   dogs and cats
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The agriculture and markets law is amended by adding a new
 section 365-a to read as follows:
   § 365-A. DEVOCALIZATION OF ANIMALS. 1. NO  PERSON  SHALL  PERFORM  THE
 SURGICAL  DEVOCALIZATION  OF  A DOG OR CAT EXCEPT IN ACCORDANCE WITH THE
 PROVISIONS OF THIS SECTION.
   2. A. SURGICAL DEVOCALIZATION OF A DOG OR CAT SHALL BE PERFORMED  ONLY
 BY  A  PERSON LICENSED AS A VETERINARIAN PURSUANT TO ARTICLE ONE HUNDRED
 THIRTY-FIVE OF THE EDUCATION LAW.
   B. SURGICAL DEVOCALIZATION OF A DOG OR  CAT  MAY  BE  PERFORMED  WHERE
 NECESSARY  TO  TREAT OR RELIEVE A PHYSICAL ILLNESS, DISEASE OR INJURY OR
 CORRECT A CONGENITAL ABNORMALITY SUFFERED  BY  THE  ANIMAL,  WHERE  SUCH
 PHYSICAL  ILLNESS,  DISEASE, INJURY OR CONGENITAL ABNORMALITY IS CAUSING
 OR MAY REASONABLY CAUSE THE ANIMAL PHYSICAL PAIN OR HARM. SURGICAL DEVO-
 CALIZATION MAY NOT BE PERFORMED FOR REASONS OF CONVENIENCE IN KEEPING OR
 HANDLING A DOG OR CAT.
   3. ANY VETERINARIAN WHO PERFORMS A SURGICAL  DEVOCALIZATION  PROCEDURE
 ON  A DOG OR CAT SHALL DOCUMENT THE PERFORMANCE OF SUCH PROCEDURE IN THE
 TREATMENT RECORD OF THE PATIENT, INCLUDING THE MEDICAL NECESSITY  JUSTI-
 FYING  THE PROCEDURE, AS DEFINED IN SECTION SIXTY-SEVEN HUNDRED FOURTEEN
 OF THE EDUCATION LAW.
   4. AS USED IN THIS SECTION, "DEVOCALIZATION" MEANS A  SURGICAL  PROCE-
 DURE  ON  THE  LARYNX  OR VOCAL CORDS OF AN ANIMAL INTENDED TO CAUSE THE
 REDUCTION OR ELIMINATION OF VOCAL SOUNDS PRODUCED  BY  THAT  ANIMAL  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00716-02-5
 A. 8551                             2
              

 
 INCLUDES  PROCEDURES COMMONLY REFERRED TO AS "DEBARKING", "SILENCING" OR
 "BARK SOFTENING".
   5.  ANY  VETERINARIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-
 FIVE OF THE EDUCATION LAW WHO KNOWINGLY PERFORMS, OR KNOWINGLY CAUSES TO
 BE PERFORMED, THE SURGICAL DEVOCALIZATION OF A DOG OR CAT  IN  VIOLATION
 OF  THE  PROVISIONS  OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY
 NOT TO EXCEED ONE THOUSAND DOLLARS AND SUBJECT TO THE REMEDIES AVAILABLE
 PURSUANT TO ARTICLE ONE HUNDRED THIRTY OF THE EDUCATION LAW, AS ADDED BY
 CHAPTER 987 OF THE LAWS OF 1971.
   6. ANY VETERINARIAN WHO KNOWINGLY PERFORMS A  SURGICAL  DEVOCALIZATION
 PROCEDURE  IN  VIOLATION  OF  THE  PROVISIONS  OF  THIS SECTION SHALL BE
 SUBJECT TO THE REVOCATION OR SUSPENSION OF THEIR LICENSE PURSUANT TO THE
 PROCESSES OUTLINED IN ARTICLE ONE HUNDRED THIRTY OF THE  EDUCATION  LAW,
 AS ADDED BY CHAPTER 987 OF THE LAWS OF 1971.
   §  2.  Paragraph  a of subdivision 8 of section 374 of the agriculture
 and markets law, as amended by chapter 594 of the laws of 2003 and  such
 subdivision as renumbered by chapter 479 of the laws of 2009, is amended
 to read as follows:
   a.  In  addition to any other penalty provided by law, upon conviction
 for any violation of section  three  hundred  fifty-one,  three  hundred
 fifty-three,  three  hundred fifty-three-a, three hundred fifty-three-b,
 three hundred fifty-five, three hundred fifty-six, three hundred  fifty-
 nine,  three  hundred  sixty,  three  hundred  sixty-one,  three hundred
 sixty-five, THREE HUNDRED SIXTY-FIVE-A or three hundred  sixty-eight  of
 this article, the convicted person may, after a duly held hearing pursu-
 ant  to  paragraph  f  of  this  subdivision, be ordered by the court to
 forfeit, to a duly incorporated society for the prevention of cruelty to
 animals or a duly incorporated humane society or authorized agents ther-
 eof, the animal or animals which are the basis of the  conviction.  Upon
 such  an  order  of  forfeiture, the convicted person shall be deemed to
 have relinquished all rights to the animals which are the basis  of  the
 conviction, except those granted in paragraph d of this subdivision.
   §  3. The commissioner of agriculture and markets and the commissioner
 of education are authorized and directed to promulgate and implement all
 rules, regulations and standards they  respectively  deem  necessary  to
 enforce  the  provisions  of this act on or before the effective date of
 this act.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.