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This entry was published on 2022-12-23
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SECTION 430
Behavior
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 26-C
* § 430. Behavior. 1. Each animal shelter shall take measures, by way
of written questionnaire, personal interview or other means deemed
necessary 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
addition 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 handling and positive exposure to people and other animals shall
be provided for any dog or cat less than four months of age, while
taking appropriate precautions to limit infectious disease. Positive
social interactions shall include but not be limited to petting an
animal, walking, reward based training or interactive play with toys.
Time spent providing 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
enrichment 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
modification 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
evaluations 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
behavioral 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
shelter that is observed to be experiencing mental suffering or
behavioral deterioration shall be assessed and appropriately treated.

* NB Effective December 15, 2025