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This entry was published on 2022-12-23
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SECTION 431
Transportation
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 26-C
* § 431. Transportation. 1. Vehicle requirements. (a) Vehicles and
operators 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.

(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
temperatures 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
ability to meet the requirements of subdivision four of this section
prior to transporting any animal. A written contract or memorandum of
understanding 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
responsibilities 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
established 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
transport when using a three-year vaccine, as evidenced by a valid
certificate of immunization signed by a duly licensed veterinarian. Such
vaccine shall be approved by the United States department of
agriculture. 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
Bordetella bronchiseptica vaccination prior to departing from the animal
shelter of origin.

(2) For cats, a modified live product for Feline Viral
Rhinotracheitis, Feline Calici Virus, and Feline Panleukopenia.

(iii) The animal shelter of origin shall treat each animal for
internal 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
veterinarian.

(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
transported 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
subdivision, 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
transport 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
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
veterinarian 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,
compromises ventilation, allows waste material to pass between cages,
interferes 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
enclosure to prevent movement within the transport vehicle.

(viii) Each dog or cat less than eight weeks of age shall be
transported 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
acceleration, 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
in transporting an animal and before transporting different animals in
the same enclosure.

4. General requirements of destination animal shelters. Each
destination animal shelter shall provide the following:

(a) Adequately trained personnel ready to receive and medically
evaluate each animal received from any transporting animal shelter or
its agent upon arrival;

(b) A physical examination of each animal received from any
transporting 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,
parasitic 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.

* NB Effective December 15, 2025