Bill Text: NY A00400 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the sale of birds by pet dealers when such birds have not yet been fully weaned.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to agriculture [A00400 Detail]

Download: New_York-2023-A00400-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           400

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     January 9, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Agriculture

        AN ACT to amend the agriculture and markets law, in relation to the sale
          of birds by pet dealers

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.    Subdivision  1  of  section  402 of the agriculture and
     2  markets law, as amended by chapter 110 of the laws of 2012,  is  amended
     3  to read as follows:
     4    1.  The  name  and  address  of  the  person from whom each animal was
     5  acquired. If the person from whom the animal was obtained  is  a  dealer
     6  licensed  by  the  United States department of agriculture, the person's
     7  name, address, and federal dealer identification number. If  the  person
     8  from  whom  the  animal was obtained is a dealer licensed by the depart-
     9  ment, the  person's  name,  address,  and  state  dealer  identification
    10  number.  In  the  case  of  cats,  if  a cat is placed in the custody or
    11  possession of the pet dealer and the source of origin  is  unknown,  the
    12  pet  dealer  shall state the source of origin as unknown, accompanied by
    13  the date, time, and location of receipt. Notwithstanding the  provisions
    14  of  this  subdivision, no pet dealer shall knowingly buy, sell, exhibit,
    15  transport, or offer for sale, exhibition, or transportation  any  stolen
    16  animal.  No  pet dealer shall knowingly sell any cat or dog younger than
    17  eight weeks of age. No pet dealer shall sell any bird at retail that has
    18  not been fully weaned; provided, however, that a  pet  dealer  may  sell
    19  such bird if:
    20    (a)  Disclosure is made by the pet dealer in writing to the buyer that
    21  the bird is not weaned;
    22    (b) The pet dealer provides training to the buyer on proper hand-feed-
    23  ing of the bird or has a reasonable belief that the buyer possesses such
    24  knowledge; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00823-01-3
        A. 400                              2

     1    (c) The buyer agrees in writing to produce the bird for inspection and
     2  weighting by the pet dealer no less frequently than  once  weekly  until
     3  such  time  as  the bird is fully weaned.  For purposes of this subdivi-
     4  sion, the term "weaned" shall mean a bird that does  not  require  hand-
     5  feeding  or  animal assistance to sustain at least ninety percent of its
     6  own weight at the time of sale.  For purposes of this  subdivision,  the
     7  term  "hand-feeding"  or "hand-fed" means the process by which a bird is
     8  manually fed by a human through the use of hand, spoon, or oral  gavage.
     9  At the time of sale, a pet dealer shall document the weight of any hand-
    10  fed  bird  under  one  year  of  age,  and  note the weight on the sales
    11  receipt.
    12    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    13  have become a law.