Bill Text: NY A06246 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to standards of care for animals held in, or being transported by, animal shelters; establishes an animal shelter regulation fund.
Spectrum: Moderate Partisan Bill (Democrat 22-5)
Status: (Introduced - Dead) 2022-05-31 - substituted by s6870b [A06246 Detail]
Download: New_York-2021-A06246-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6246--C 2021-2022 Regular Sessions IN ASSEMBLY March 10, 2021 ___________ Introduced by M. of A. PAULIN, GRIFFIN, KELLES, ENGLEBRIGHT, FAHY, LUPARDO, OTIS, WOERNER, HEVESI, SIMON, STIRPE -- read once and referred to the Committee on Agriculture -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- recommitted to the Committee on Agriculture in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the agriculture and markets law, in relation to stand- ards of care for animals held in, or being transported by, animal shelters; to amend the general business law, in relation to pet deal- ers; to amend the state finance law, in relation to establishing an animal shelter regulation fund; and to repeal certain provisions of the agriculture and markets law relating to pet dealers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The department of agriculture and 2 markets holds statutory responsibility for the oversight of municipal 3 animal shelters and any duly incorporated humane society, duly incorpo- 4 rated society for the prevention of cruelty to animals or duly incorpo- 5 rated animal protective association providing contractual animal shel- 6 tering services for local governments in this state. The department also 7 holds statutory responsibility for registering not-for-profit animal 8 shelters or rescue organizations as entities exempt from licensure and 9 inspection under the agency's pet dealer program. Currently however, no 10 statutory facility or animal care standards exist in law to which these 11 organizations must conform to adequately and uniformly ensure animal 12 health and wellbeing at and in transport to and from such facilities. 13 The legislature finds that the universe of entities harboring homeless EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09094-08-2A. 6246--C 2 1 dogs and cats in our communities and providing animal transport in-state 2 and across state lines has evolved and grown exponentially over the past 3 several decades, rendering the existing statutory framework for the 4 oversight of such entities deficient and benefiting neither the adoptive 5 families of dogs and cats in need nor the organizations that work so 6 diligently to find safe, loving homes for them. 7 Therefore, it is the stated purpose of this legislation to establish 8 responsible, uniform and effective standards for the care of dogs and 9 cats in animal shelters as defined herein to improve state oversight, 10 ensure public trust and provide for increased protections for such 11 animals while in the care of such facilities. 12 § 2. The agriculture and markets law is amended by adding a new arti- 13 cle 26-C to read as follows: 14 ARTICLE 26-C 15 REGULATION OF ANIMAL SHELTERS 16 Section 420. Definitions. 17 421. License required and inspection of facilities. 18 422. Personnel training requirements. 19 423. Recordkeeping and protocols. 20 424. General facility standards. 21 425. Animal housing. 22 426. Sanitation. 23 427. Shelter management protocols. 24 428. Animal husbandry. 25 429. Veterinary care. 26 430. Behavior. 27 431. Transportation. 28 432. Foster care provider requirements. 29 433. Violations. 30 434. Waiving of requirements authorized. 31 § 420. Definitions. For purposes of this article, the following terms 32 shall have the following meanings: 33 1. "Adoption" means the transfer of legal ownership to and possession 34 by any natural person eighteen years of age or older, for the limited 35 purpose of harboring a pet, of any dog or cat, owned by the animal shel- 36 ter regardless of whether a fee is involved. 37 2. "Adult" shall mean cats and dogs five months of age and older, for 38 the purposes of determining appropriate housing within an animal shel- 39 ter. 40 3. "Animal" shall mean a dog or cat as defined in this section, but 41 shall not be construed to diminish or restrict the mission of any animal 42 shelter defined in this section or other entity duly incorporated pursu- 43 ant to section fourteen hundred three of the not-for-profit corporation 44 law solely to the care of dogs or cats. 45 4. "Air handling system" shall mean the device or equipment used to 46 regulate, circulate, exchange, heat, and/or cool the air inside a build- 47 ing. 48 5. "Ambient temperature" shall mean the temperature of the environment 49 inside a room or building. 50 6. "Animal shelter" shall mean a public or not-for-profit entity 51 owning, operating, or otherwise maintaining a building, structure, or 52 facility where temporary or permanent housing and care is provided to 53 stray, abandoned, abused, seized, impounded, owner-surrendered or other- 54 wise unwanted animals regardless of whether or not such facility also 55 serves as a personal residence. This includes but is not limited to: 56 facilities owned, operated, or maintained by a duly incorporated societyA. 6246--C 3 1 for the prevention of cruelty to animals, duly incorporated humane soci- 2 ety dog or cat protective association, or pound; any person in the 3 employ of, or organization operated by or under contract to a munici- 4 pality to provide care for seized or impounded animals; or any other 5 not-for-profit organization involved in the protection, care, or rehom- 6 ing of animals. Unless otherwise provided in this article, the term 7 "animal shelter" shall not include the personal residence of any foster 8 care provider as defined in this section; a facility commonly known as a 9 boarding kennel, where the ownership of the animal is not transferred; 10 any entity licensed as a pet dealer pursuant to article twenty-six-A of 11 this chapter; any duly incorporated animal hospital owned, operated or 12 supervised by a duly licensed veterinarian; or any facility where the 13 owner or operator is licensed by the New York state department of envi- 14 ronmental conservation as a nuisance wildlife control agent or wildlife 15 rehabilitator. 16 7. "Aseptic" shall mean procedures or techniques performed in a manner 17 sufficient to exclude harmful bacteria, viruses, or other microorgan- 18 isms. 19 8. "Behavioral evaluation" shall mean an ordered series of inter- 20 actions with an animal to determine their behavioral response to various 21 stimuli likely to be encountered in a typical home environment. 22 9. "Cat" shall mean any member of the species Felis catus, regardless 23 of age, sex, breed, ownership status or behavior around humans. 24 10. "Chemical capture" shall mean the use of drugs administered to an 25 animal by a remote delivery system in order to immobilize it for the 26 purposes of capture. 27 11. "Cleaning" shall mean the physical removal of debris and organic 28 material from an environment. 29 12. "Conspecific" shall mean another member of the same species. 30 13. "Control pole" shall mean a restraint device consisting of a rigid 31 metal pole with an adjustable wire noose used for handling and restraint 32 of dogs, also commonly referred to as a catch pole or rabies pole. 33 14. "Death", for the purposes of describing the disposition of an 34 animal, shall mean those animals who die but are not euthanized, regard- 35 less of cause. 36 15. "Disinfection" shall mean the process where microorganisms are 37 killed or inactivated, typically through the application of a chemical 38 or by some physical process (e.g. steam, heat, etc). 39 16. "Dog" shall mean any member of the species Canis lupis familiaris, 40 regardless of age, sex, breed, ownership status, or behavior around 41 humans. 42 17. "Drop boxes" shall mean unattended enclosures at an animal shelter 43 that are accessible to the public and used to contain animals brought to 44 the animal shelter outside of regular business hours. 45 18. "Enclosure" shall be defined as an area of confinement used for 46 housing a single animal or group of animals housed together. An enclo- 47 sure may be a cage, run, kennel, room, or other such confining area. 48 19. "Enriched" shall mean environment that reduces stress and promotes 49 the physical health and behavioral well-being of an animal. 50 20. "Enrichment" shall mean a process for improving the environment 51 and behavioral care of confined animals in order to reduce stress and 52 improve well-being. Enrichment shall include, but not be limited to, 53 providing physical and mental stimulation, encouraging species-typical 54 behaviors, and modifying the animal's housing environment.A. 6246--C 4 1 21. "Foster care provider" shall mean any individual voluntarily 2 providing temporary care for one or more animals in their home that 3 remain in the custody and under the responsibility of an animal shelter. 4 22. "Infectious disease" shall mean a disease or condition caused by 5 bacteria, viruses, fungi or parasites that can be transmitted, directly 6 or indirectly, from one animal or individual to another. 7 23. "Intracardiac" shall mean an injection made directly into one of 8 the chambers of the heart. 9 24. "Intrahepatic" shall mean an injection made into the liver. 10 25. "Intrarenal" shall mean an injection made into the kidney. 11 26. "Intrasplenic" shall mean an injection made into the spleen. 12 27. "Juvenile" shall mean any cat or dog between two and five months 13 of age for the purposes of determining appropriate housing within an 14 animal shelter. 15 28. "Loss" for the purposes of describing the disposition of an 16 animal, shall mean those animals who escape or go missing while in the 17 care of an animal shelter. 18 29. "Long-term stay" shall mean any duration of care in an animal 19 shelter of fourteen days or longer. 20 30. "Neonate" shall mean any cat or dog less than two months of age, 21 for the purposes of determining appropriate housing within an animal 22 shelter. 23 31. "Pathogen" shall mean a biologic organism capable of causing 24 disease in an animal, such as a bacteria, virus, or fungus. 25 32. "Primary enclosure" shall mean the area of confinement used for 26 housing an animal and where the animal spends the majority of its time 27 in an animal shelter. 28 33. "Thermoregulation" shall mean the ability of an animal to maintain 29 its internal body temperature within a normal physiologic range. 30 34. "Transport" shall mean the physical movement of an animal from one 31 location to another, regardless of purpose and whether or not custody or 32 responsibility for such animal changes as a result, when carried out by 33 the shelter or an agent thereof. 34 35. "Transfer" shall mean the transfer of ownership and physical 35 custody of an animal for an animal's care and well-being from an animal 36 shelter to another organization as authorized pursuant to subdivision 37 five of section three hundred seventy-four of this chapter. 38 36. "Unenveloped virus" shall mean those viruses without an outer 39 lipid layer that are more difficult to inactivate through sanitation 40 procedures. Unenveloped viruses of concern in an animal shelter envi- 41 ronment include canine and feline parvoviruses, feline calicivirus, and 42 canine adenovirus-2. 43 37. "Zoonotic" shall mean any disease that may be transmitted between 44 humans and animals. 45 § 421. License required and inspection of facilities. 1. Any person 46 eligible for exemption from the definition of pet dealer pursuant to 47 paragraphs (b) and (c) of subdivision four of section four hundred of 48 this chapter shall be licensed by the department pursuant to the 49 provisions of this section. Notwithstanding the foregoing, any person, 50 operating an animal shelter on or before the effective date of this 51 section, who has filed an application for an initial license under this 52 article is hereby authorized to operate without such license until the 53 commissioner grants or, after notice of an opportunity to be heard, 54 declines to grant such license. Each application for license shall be 55 made on a form supplied by the department and shall contain such infor- 56 mation as required by the commissioner. Renewal applications shall beA. 6246--C 5 1 submitted to the commissioner at least thirty days prior to the 2 commencement of the next license year. 3 2. Application for licensure as set forth in this section shall be 4 made annually to the commissioner on a form prescribed by the commis- 5 sioner. Such form shall include but not be limited to the following 6 information, provided however that paragraphs (a), (b) and (c) of this 7 subdivision shall not apply to municipal pounds or shelters as defined 8 in paragraph (b) of subdivision four of section four hundred of this 9 chapter: 10 (a) Proof of the applicant's tax exempt designation pursuant to para- 11 graph 3 of subsection (c) of section 501 of the federal Internal Revenue 12 Code, 26 U.S.C. 501, or any subsequent corresponding sections of the 13 federal Internal Revenue Code, as from time to time amended; 14 (b) Proof of the applicant's incorporation as a not-for-profit organ- 15 ization in this state pursuant to the not-for-profit corporation law, 16 provided further that such organization is in good standing with the 17 attorney general and the department of state; 18 (c) Proof of the applicant's registration with the attorney general 19 pursuant to article seven-A of the executive law; 20 (d) If the applicant is a municipal pound or shelter as defined in 21 paragraph (b) of subdivision four of section four hundred of this chap- 22 ter, a copy of the applicant's employer identification number; 23 (e) The name of the applicant and the name or names under which the 24 applicant offers its services to the public, any name under which the 25 applicant has offered such services to the public during the past five 26 years, and whether the applicant has ever held a pet dealer license 27 issued pursuant to article twenty-six-A of this chapter; 28 (f) The address and telephone number of the applicant and for any 29 other premises owned or leased by such applicant's organization to carry 30 out the purposes for which it was incorporated and by which it is eligi- 31 ble for a licensing exemption pursuant to paragraphs (b) and (c) of 32 subdivision four of section four hundred of this chapter; 33 (g) The website and email address of the applicant; 34 (h) The number of animals taken in, adopted, placed into permanent or 35 temporary homes, or otherwise transferred into, out of, or within the 36 state by the applicant during the prior calendar year; 37 (i) The number of animals currently harbored by the applicant; 38 (j) The species of animal the applicant typically harbors for 39 adoption, placement or transfer; 40 (k) A description of facilities by which the applicant carries out the 41 purposes for which it was incorporated, including a statement regarding 42 whether the applicant harbors the animals in its care in its own phys- 43 ical animal shelter or utilizes foster care provider homes, commercial 44 boarding kennels or other arrangements; 45 (l) A sworn statement, signed by the applicant, declaring an exemption 46 from the definition of pet dealer pursuant to section four hundred of 47 this chapter; 48 (m) Current training protocol and procedural practices as prescribed 49 pursuant to sections four hundred twenty-two and four hundred twenty- 50 three of this article; and 51 (n) Other information as deemed necessary to satisfy the commissioner 52 of the applicant's character and responsibility. 53 3. The commissioner shall conduct an inspection of the applicant's 54 facilities prior to the issuance of a license pursuant to this section, 55 and annual inspections of the applicant's facilities licensed pursuant 56 to this section prior to renewal of such license. The commissioner mayA. 6246--C 6 1 periodically conduct unannounced inspections of such facilities, and 2 whenever, in the discretion of the commissioner, a complaint warrants 3 such investigation. Animal shelters licensed pursuant to this section 4 shall provide open hours to the commissioner so that inspections can 5 occur in a timely manner. Renewal of an animal shelter license shall not 6 be granted until all outstanding violations issued pursuant to this 7 article are corrected and any outstanding monetary penalties assessed 8 pursuant to this article are paid in full. 9 4. Upon validation by the commissioner, the application shall become 10 the license of the animal shelter and an exemption from the definition 11 of pet dealer as defined in section four hundred of this chapter shall 12 be granted. The commissioner shall retain a copy of such license and 13 provide a copy of the license to the animal shelter. Animal shelters 14 licensed pursuant to this section shall conspicuously display their 15 license on the premises where its animals are harbored. The commissioner 16 shall also provide the licensee with a pet dealer exemption identifica- 17 tion number. The licensee's pet dealer exemption identification number 18 shall be prominently displayed on the licensee's websites and any publi- 19 cations or advertisements made available to the public. 20 5. Such license shall be renewable annually, upon the payment of a 21 nonrefundable fee of one hundred fifty dollars. 22 6. The moneys received by the commissioner pursuant to this section 23 shall be deposited in the "animal shelter regulation fund" established 24 pursuant to section ninety-nine-pp of the state finance law. 25 7. The commissioner may decline to grant or renew, or may suspend or 26 revoke an animal shelter license, on any one or more of the following 27 grounds, provided that before any of the aforementioned actions are 28 taken pursuant to this section, the commissioner shall hold a hearing, 29 upon due notice to the licensee in accordance with any regulations 30 promulgated by the department and in accordance with articles three and 31 four of the state administrative procedure act, and provided further 32 that any action of the commissioner is subject to judicial review in a 33 proceeding under article seventy-eight of the civil practice law and 34 rules: 35 (a) material misstatement in the license application; 36 (b) material misstatement in or falsification of records required to 37 be kept pursuant to this article, or under any regulation promulgated 38 thereunder, or failure to allow the commissioner to inspect records of 39 animal shelter facilities; 40 (c) violation of any provision of this article or conviction of a 41 violation of any provision of article twenty-six of this chapter or 42 regulations promulgated thereunder pertaining to humane treatment of 43 animals, cruelty to animals, endangering the life or health of an 44 animal, or violation of any federal, state, or local law pertaining to 45 the care, treatment, sale, possession, or handling of animals or any 46 regulation or rule relating to the endangerment of the life or health of 47 an animal; 48 (d) failure to comply with any of the provisions of this article or 49 the licensing exemption requirements of section four hundred of this 50 chapter; 1 NYCRR Part 65 regarding the importation of dogs and cats; 51 section twenty-one hundred forty-one of the public health law or any 52 rule or regulation promulgated thereunder; or any rule or regulation 53 promulgated by the commissioner following the effective date of this 54 article to effectuate the purposes of this article; 55 (e) failure to renew a license within the period prescribed in subdi- 56 vision one of this section; orA. 6246--C 7 1 (f) the applicant or registrant was previously licensed as a pet deal- 2 er pursuant to article twenty-six-A of this chapter. 3 § 422. Personnel training requirements. 1. Each animal shelter 4 licensed pursuant to this article shall provide training to all staff 5 members and volunteers having direct animal care responsibilities. Such 6 training shall be provided within the first sixty days of employment and 7 at least annually thereafter and shall be in addition to any and all 8 training otherwise required by federal, state, or local law or regu- 9 lation. 10 2. Acceptable training modalities shall include, but not be limited 11 to, online webinars, on-site lectures or seminars, off-site conferences 12 for animal shelter staff, or other formal training modalities as author- 13 ized by the commissioner. 14 3. Training topics shall include, but not be limited to, the follow- 15 ing: 16 (a) humane handling techniques; 17 (b) infectious diseases commonly found in animal shelters; 18 (c) zoonotic diseases; 19 (d) animal cruelty; 20 (e) sanitation procedures; 21 (f) body language and normal behaviors for all species regularly 22 handled; and 23 (g) required documentation and data entry. 24 4. Complete documentation of training sessions shall be maintained for 25 a period of not less than three years from the date of training 26 completion. Such documentation shall include, but not be limited to, the 27 following: 28 (a) the date of training delivery and the date of completion; 29 (b) the topic or topics of the training session; and 30 (c) the provider of the training and a list of training course attend- 31 ees. 32 § 423. Recordkeeping and protocols. 1. Each animal shelter shall exam- 33 ine an animal upon intake for unique identifiers and any other form of 34 identification that may allow for reunification with an owner, as 35 prescribed in sections one hundred seventeen and three hundred eighty- 36 two of this chapter. 37 2. Each animal shelter shall create and maintain a record for each 38 animal in their custody or possession which shall minimally include: 39 (a) Unique identifiers and any other identification associated with 40 the animal upon examination at entry, including but not limited to a 41 tattoo, a permanent official identification number as prescribed in 42 section one hundred twelve of this chapter or other identification tags, 43 rabies tags and numbers, or a microchip number, if present; 44 (b) The name, address and telephone number of the person surrendering 45 an animal or from whom an animal is seized, and additional contact 46 information as the commissioner may require, or the address or cross- 47 streets and city, town, or village where the animal was located or found 48 prior to intake, if known; 49 (c) The date of intake into and departure from the animal shelter; 50 (d) Whether the animal was adopted, transferred, redeemed by its 51 owner, died or was humanely euthanized, and, if applicable, the name, 52 address, and phone number of the receiving individual or agency; 53 (e) Basic descriptors including species, age, gender, physical 54 description including color, and the spay or neuter status at entry if 55 determinable with reasonable certainty;A. 6246--C 8 1 (f) Any available behavioral or health history or information other- 2 wise obtained at intake, including bite history and rabies vaccination 3 status, when known; and 4 (g) All veterinary and behavioral examinations, treatments, proce- 5 dures, or medications occurring during the animal's time under the care 6 of the shelter. 7 3. Notwithstanding any other provision of law or regulation to the 8 contrary, records for each animal shall be maintained for not less than 9 three years from the date of animal departure. 10 4. Previous bite history shall be fully disclosed in writing to an 11 adopter, transfer partner, or reclaiming owner and provided in any 12 reports regarding the animal, as applicable. 13 5. Nothing in this section shall preclude or otherwise supersede 14 record disclosure requirements prescribed in section sixty-seven hundred 15 fourteen of the education law, or any requirement regarding the 16 creation, maintenance, or retention of veterinary medical records in 17 state or federal law or veterinary practice guideline. 18 6. Each animal shelter shall maintain a record of its designated 19 foster care providers that shall include the written agreement estab- 20 lished between such animal shelter and such providers pursuant to 21 section four hundred thirty-two of this article, each provider's name, 22 address, telephone number, email address if available, types of animals 23 for which the provider is willing to provide care, inspection reports, 24 and current number of animals in the care of a designated foster care 25 provider. Such records shall be updated immediately in the event any 26 contact information for a given foster care provider changes. 27 7. Each animal shelter shall maintain summary records of their total 28 annual animal intake and dispositions by species, by source of intake, 29 and by type of disposition. Such records shall be made available to the 30 commissioner upon request. The commissioner shall make such records 31 available to the public upon request pursuant to article six of the 32 public officers law. 33 8. Each animal shelter shall develop and maintain written protocols 34 sufficiently detailed to achieve and maintain the standards prescribed 35 in this section. These shall include, but not be limited to, the follow- 36 ing: 37 (a) animal handling; 38 (b) behavioral assessment; 39 (c) enrichment and stress reduction; 40 (d) management of bite/scratch cases; and 41 (e) sanitation. 42 9. Each animal shelter shall also develop and maintain the following 43 written protocols, approved by a duly licensed veterinarian and suffi- 44 ciently detailed to achieve and maintain the standards prescribed in 45 this article: 46 (a) nutrition and feeding; 47 (b) physical examination; 48 (c) emergency veterinary care; 49 (d) pain management; 50 (e) vaccinations; 51 (f) parasite control; 52 (g) anesthesia and surgery, if performed on-site by the organization; 53 (h) humane euthanasia; and 54 (i) outbreak management/control of infectious diseases. 55 10. Protocols established by each animal shelter pursuant to this 56 section shall be reviewed annually and updated as necessary by desig-A. 6246--C 9 1 nated administrative and managerial staff. Such protocols shall be made 2 readily accessible to appropriate staff and volunteers. 3 § 424. General facility standards. 1. All facilities and all interior 4 components of each animal shelter shall be constructed of materials that 5 ensure a sound physical structure, and shall be maintained so as to 6 protect animals from injury, ensure containment of animals within the 7 property, and restrict unauthorized entry of other animals and humans to 8 the building. 9 2. Indoor building surfaces in direct contact with animals shall be 10 constructed of materials that are non-porous, water resistant, non-toxic 11 and able to withstand regular cleaning and disinfection. Adequate drain- 12 age shall prevent the accumulation of water or other liquids on floors. 13 3. Electrical power and running water shall be maintained to all parts 14 of the facility that house animals, with written emergency plans for 15 back-up sources or relocation of the animals to a safe environment in 16 the event of outages lasting more than four hours. 17 4. Readily accessible sinks shall be convenient to all animal care 18 areas. Single service soap and towels or electric hand dryers shall be 19 available at all hand-washing locations. 20 5. Ambient temperatures in all indoor animal housing areas shall be 21 routinely maintained between sixty and eighty degrees fahrenheit. 22 6. Each animal shall be monitored and provided with an environment 23 allowing maintenance of normal body temperature based on species, breed, 24 body condition, medical condition, and age. 25 7. Each animal shelter shall document regular maintenance of air 26 handling systems according to the manufacturer's recommendations. 27 8. Ammonia levels shall be kept at less than two parts per million. 28 9. Each animal shelter shall provide separate housing areas, segre- 29 gated by species and from uninfected, unexposed animals, for the housing 30 of any animal with an infectious disease that may be transmitted within 31 the shelter environment and requiring isolation as determined by a 32 licensed veterinarian. Doors separating such rooms from the remainder of 33 the facility shall be kept closed. 34 10. Each animal shelter shall minimize continuous exposure of person- 35 nel and animals to sound levels exceeding eighty-five decibels. Active 36 measures shall be taken and documented to minimize sound levels in hous- 37 ing areas. Such measures may include modified kennel design, relocation 38 of particularly loud animals, or use of visual barriers, sound baffling, 39 and behavioral enrichment protocols. Each animal shelter shall use a 40 decibel-meter at a minimum of once weekly to measure the level of sound 41 in their kennels during cleaning and resting times. A record of such 42 measurements and the date such measurements were recorded shall be main- 43 tained by each animal shelter. 44 11. Each animal shelter shall provide animal housing areas that 45 provide adequate lighting and a means to maintain diurnal light cycles 46 pursuant to an established schedule. All animals shall have a minimum 47 of eight hours each of light and darkness within a twenty-four-hour 48 cycle. 49 12. Each animal shelter shall establish and maintain a written plan 50 for pest and vermin control including the following: 51 (a) Method of controlling rodent infestation that is effective and 52 safe for both humans, and animals housed in the facility; 53 (b) A record or copies of service reports from outside service provid- 54 ers related to pest and vermin control that documents dates, methods, 55 locations, and outcomes, if applicable; andA. 6246--C 10 1 (c) Food stored in rodent proof containers to prevent spoilage, 2 contamination, and infestation once opened, if packaging has been 3 damaged, or as otherwise required by such plan. 4 13. The use of unattended drop boxes for intake of animals is prohib- 5 ited. 6 § 425. Animal housing. 1. Each licensed animal shelter shall provide 7 each animal in its custody or possession with a suitable primary enclo- 8 sure that meets the requirements prescribed in this section. 9 2. Unsupervised tethering for periods exceeding thirty minutes is 10 prohibited. 11 3. Animal housing shall meet the following requirements: 12 (a) materials used in housing construction shall be non-porous, 13 water-resistant, non-toxic, and able to withstand regular cleaning and 14 disinfection; 15 (b) drainage shall prevent accumulation of water or other liquids on 16 floors; and 17 (c) housing shall be structurally sound, in good repair and maintained 18 in a safe, working condition to properly confine animals, prevent inju- 19 ry, keep animals safe from predation, keep other animals out, and allow 20 animals to remain dry and clean. 21 4. Wire or slat-bottom cages are prohibited unless a solid tray is 22 provided for the cage bottom to prevent injury to the animal. 23 5. Animal populations shall be segregated appropriately, in accordance 24 with the following requirements: 25 (a) dogs and cats shall be housed in separate rooms with efforts made 26 to minimize the exposure of cats to the barking of dogs to the extent 27 practicable; 28 (b) animals of the same species shall be separated by age groups (e.g. 29 neonates and juveniles; adults) except that nursing animals may be 30 housed with their offspring; 31 (c) animals with known or suspected infectious diseases shall be 32 housed in isolation areas as prescribed in subdivision nine of section 33 four hundred twenty-four of this article; 34 (d) nothing in this subdivision shall be construed to prevent the 35 temporary housing of animals in areas without such segregation for 36 medical care and in pre- and post-operative surgical areas. 37 6. Well-socialized, healthy animals may be housed with one or more 38 conspecifics. Animals housed together shall be compatible and have 39 similar environmental requirements. Such housing shall not allow expo- 40 sure to numerous different animals on a frequently changing basis. 41 7. Prior to being housed with one or more other animals the following 42 conditions shall apply: 43 (a) all animals are vaccinated and dewormed against the pathogens 44 specified in section four hundred twenty-nine of this article; 45 (b) physical examinations verifying the absence of clinical signs of 46 infectious diseases have been performed; 47 (c) surgical sterilization or housing in same-sex groupings, except 48 littermates under twelve weeks of age; and 49 (d) the animal has a collar or tag to facilitate visual identifica- 50 tion, unless the animal's age or condition is such that application of 51 visual identification is not practicable or would be detrimental to the 52 animal's health. 53 8. Animals that are poorly socialized, fearful, or aggressive towards 54 other animals or that are ill, injured, or within a week of whelping or 55 queening shall be housed individually in a suitably sized, enriched 56 primary enclosure.A. 6246--C 11 1 (a) Littermates under the age of twelve weeks may be co-housed in an 2 isolation area if all individuals are infected with the same infectious, 3 contagious, parasitic or communicable disease. 4 (b) Dogs and cats within a week of giving birth or until separation 5 from the offspring shall be provided with a box with a solid floor large 6 enough to allow the animal to lie fully stretched on its side, permit- 7 ting all offspring to nurse and to accommodate all offspring until 8 weaned; and an area large enough to allow the dam or queen to leave the 9 whelping box. 10 9. Each enclosure shall clearly indicate the identities of all animals 11 contained within, specifying each animal's unique identifier as required 12 under section four hundred twenty-three of this article. Each animal 13 shall also be individually identified. 14 10. All primary enclosures shall provide sufficient space to allow 15 each animal, regardless of species, to: 16 (a) make all normal postural adjustments; 17 (b) fully stretch its body and have sufficient room to circle, lie 18 down, and stand upright without the head or tail touching the sides of 19 the enclosure even with the presence of water and food bowls, beds, 20 litter boxes, and other normal cage objects; and 21 (c) allow animals to sit, sleep and eat away from areas of their 22 enclosure where they defecate and urinate. 23 11. Any primary enclosure housing two or more animals shall provide 24 the following: 25 (a) sufficient space and quality of environment to allow all animals 26 to maintain social distances; 27 (b) adequate areas for hiding, resting, feeding, and elimination with 28 sufficient space to separate areas and the ability for all animals to 29 access those areas. 30 12. Regardless of the size of the primary enclosure, the number of 31 animals cohoused in a primary enclosure at one time shall not exceed the 32 following thresholds: 33 (a) twelve adult cats; 34 (b) two litters of kittens not to exceed ten kittens total; 35 (c) five adult dogs; or 36 (d) one litter of puppies. 37 13. Puppies and kittens less than sixteen weeks of age shall not be 38 housed in the same enclosure with adults other than their dam or queen, 39 or foster or surrogate dam or queen. 40 14. All animals housed with one or more conspecifics shall be sepa- 41 rated for feeding or observed at feeding times for antagonistic inter- 42 actions that pose a safety and welfare concern. 43 15. Animals shall not be housed outdoors for more than twelve hours 44 within a twenty-four-hour period, with the exception of free-roaming 45 cats under the care of the animal shelter. 46 16. Outdoor primary enclosures shall comply with all housing require- 47 ments prescribed in this section and shall provide the following: 48 (a) protection from the elements at all times; 49 (b) adequate drainage to prevent the accumulation of excess water in 50 or around the enclosures; 51 (c) a moisture-proof, insulated shelter structure large enough to 52 simultaneously accommodate all animals in the enclosure, unless immedi- 53 ate entry to an indoor portion of the enclosure is accessible; 54 (d) security from unauthorized entry of other animals into the enclo- 55 sure;A. 6246--C 12 1 (e) a separate, shaded area sufficient to simultaneously accommodate 2 all animals, except when animals have immediate access to an indoor 3 portion of the enclosure; 4 (f) clean dry bedding at all times and a heat source when the outdoor 5 temperature falls below fifty degrees fahrenheit; and 6 (g) enclosures that allow outdoor access for cats shall be fully 7 enclosed to prevent escape from the enclosure. 8 17. For any animal in the custody or possession of any animal shelter 9 for fourteen days or longer, alternative housing shall be provided in 10 one of the following formats: 11 (a) enriched cages at least twice the size otherwise required for an 12 animal's size; 13 (b) foster care in a private home, office, or other suitable off-site 14 location; or 15 (c) room housing. 16 § 426. Sanitation. Any animal shelter licensed pursuant to this arti- 17 cle shall establish and maintain sanitation protocols that include the 18 following: 19 1. use of one or more agents that have cleaning and disinfectant prop- 20 erties that are effective under conditions present in a given environ- 21 ment and with demonstrated effectiveness against the pathogens for which 22 animals are at risk; 23 2. removal of animals from enclosures and placement in another appro- 24 priate enclosure or separation from the area being cleaned or disin- 25 fected by a functional compartment door when water, cleaning, or disin- 26 fecting agents are sprayed in or near an animal's enclosure; 27 3. dedicated equipment for cleaning and disinfection for use in each 28 separate area of the shelter designated as cat or dog isolation, hold- 29 ing, adoptions or other functionally separate areas within the facility; 30 4. cleaning and disinfecting in between each use of items and surfaces 31 that come into contact with animals, including but not limited to food 32 and water bowls, litter boxes and exam tables, or procedures to discard 33 and replace with new items for each animal; 34 5. cleaning and disinfecting all enclosures for temporary or permanent 35 housing before a new animal enters such enclosure; 36 6. daily cleaning and at least once weekly disinfecting of enclosures 37 that house the same animal or animals during a long-term stay; 38 7. cleaning and disinfecting enclosures when the enclosure becomes 39 heavily soiled or otherwise contaminated or a new animal is added to the 40 enclosure; 41 8. laundering of all animal bedding in a machine with detergent when 42 soiled and thoroughly drying such bedding before reuse, or removing and 43 disposing of such bedding appropriately; 44 9. cleaning of outdoor premises from clutter that may pose a safety 45 concern and fecal material removed at least once daily; 46 10. appropriate use and disposal of protective garments worn during 47 cleaning and intensive animal-handling activities within an animal shel- 48 ter; and 49 11. proper hygiene of shelter staff, volunteers, and visitors, includ- 50 ing signage, supervision, and hand sanitation. 51 § 427. Shelter management protocols. 1. Each animal shelter shall have 52 a clear, written, management structure that defines staff authority, 53 reporting structure and responsibilities, and is readily accessible to 54 all staff and volunteers. 55 2. Staffing shall be sufficient to allow adequate time, per animal, 56 for cleaning and daily feeding, and to meet the minimum requirements forA. 6246--C 13 1 socialization and exercise of animals as prescribed in section four 2 hundred thirty of this article. 3 3. The total number of animals housed in an animal shelter facility or 4 foster home shall not exceed the number of housing units available at 5 the facility as required by section four hundred twenty-five of this 6 article; provided, however, that exceptions to the provisions of this 7 subdivision shall be permissible for periods not to exceed forty-five 8 contiguous days in the event of an animal seizure pursuant to article 9 twenty-six of this chapter or a natural disaster where an official 10 declaration of the disaster or emergency has been made. 11 4. All animals shall be observed daily by a manager or designee to 12 identify each animal's needs for care, housing and service and to ensure 13 that each animal has a plan to advance efficiently through the shelter. 14 § 428. Animal husbandry. 1. (a) Each animal shelter shall provide each 15 animal under its care with fresh, potable water at all times unless 16 otherwise directed by a duly licensed veterinarian. 17 (b) Each animal shelter shall feed each animal under its care a 18 complete and nutritionally balanced, species-specific and life-stage-ap- 19 propriate diet as indicated by the animal's age, weight, and medical 20 health, or as directed by a duly licensed veterinarian in accordance 21 with the written protocols required by section four hundred twenty-three 22 of this article. 23 (c) Food shall be provided at least once daily for adult animals, at 24 least twice daily for animals less than six months of age, and at least 25 three times daily for animals less than two months of age. 26 (d) Perishable animal food shall be refrigerated. 27 (e) Animal food and water containers shall be present in sufficient 28 number and location to safely enable each animal in the enclosure to 29 access an adequate supply of food and water. Food and water bowls shall 30 be of the type that can be easily sanitized, be kept clean and shall be 31 cleaned and disinfected prior to use by a different animal, unless 32 disposable bowls are used and replaced between animals. 33 (f) Each animal shall be observed during or following each feeding 34 time to ensure daily food intake, or at least once every twenty-four 35 hours for animals continually offered food. Such observations shall be 36 recorded. 37 2. (a) Humane and safe physical restraint to limit some or all normal 38 voluntary movement of any animal in each animal shelter's care shall 39 minimize fear, pain, stress and suffering for the animal, protect both 40 the animal and personnel from harm, and be of the least intensity and 41 duration required to allow the specific procedure or procedures to be 42 performed properly. 43 (b) (i) Frightened or fractious animals may be appropriately tranqui- 44 lized, under the orders and supervision of a duly licensed veterinarian, 45 if they cannot be restrained safely and humanely. 46 (ii) No physical force shall be used as punishment or in anger. 47 (iii) Handling methods shall minimize the chance of escape and ensure 48 the safety of both humans and animals. 49 (c) Restraint devices and handling techniques employed by each animal 50 shelter shall be used in a manner that minimizes animal stress and risk 51 of injury to both animals and personnel, in the event such devices and 52 techniques are necessary for the safe handling of the animal. 53 (i) All equipment shall be maintained in good working order. 54 (ii) Cats shall not be restrained with control poles. Humane traps, 55 cat boxes, nets, towels, or other equipment appropriate for handling 56 fractious animals may be used. Squeeze cages, feral cat boxes, orA. 6246--C 14 1 humane traps with dividers shall be used for restraining cats and admin- 2 istering tranquilizers prior to handling. 3 § 429. Veterinary care. 1. Prescription medications and treatments 4 shall be administered by each animal shelter under the advisement of or 5 in accordance with written protocols provided by a duly licensed veteri- 6 narian. 7 2. All drugs shall be documented and dispensed by each animal shelter 8 in accordance with applicable local, state, and federal laws and regu- 9 lations. 10 3. All incoming animals shall be assessed within two hours after 11 intake by a trained animal shelter staff member to determine if any 12 physical abnormalities exist that require immediate veterinary attention 13 in accordance with the shelter's written protocol for emergency care, as 14 required by section four hundred twenty-three of this article. 15 4. Each animal shelter shall have the ability to provide for veteri- 16 nary assessment and humane care in a timely fashion through in-house 17 facilities or at an off-site location. 18 5. Pursuant to the written protocol for emergency veterinary care 19 required by section four hundred twenty-three of this article, each 20 animal shelter shall provide appropriate and timely veterinary care for 21 any animal that is in distress, experiencing pain, or showing signs of 22 significant illness or injury. 23 6. Each animal shelter shall recognize and treat acute and chronic 24 pain appropriately, as set forth in article twenty-six of this chapter. 25 The legal status regarding the ownership of any animal shall not prevent 26 treatment to relieve suffering. 27 7. Each animal shelter shall provide a complete physical examination 28 of all animals in its custody or possession by trained shelter staff 29 within twenty-four hours of intake to identify medical or behavioral 30 conditions that require further evaluation and care. Animals shall 31 specifically be examined for bite wounds; animals that have potentially 32 been exposed to rabies shall be managed in accordance with applicable 33 local and state laws. Each animal shelter shall comply with the rabies 34 reporting requirements prescribed in 10 NYCRR 2.14. 35 8. Each animal shelter shall vaccinate each animal in its custody or 36 possession with core vaccines as recommended by national standards and 37 guidelines specific to animal shelters as established, endorsed or 38 approved by the American Association of Feline Practitioners (AAFP), 39 American Animal Hospital Association (AAHA), or the Association of Shel- 40 ter Veterinarians (ASV). 41 9. Each animal shelter shall provide all dogs, cats, and ferrets in 42 its custody or possession with a rabies vaccination prior to release in 43 accordance with local public health laws. Each animal shelter shall be 44 in compliance at all times with section one hundred nine of this chapter 45 and title four of article twenty-one of the public health law. 46 10. At a minimum, each animal shelter shall treat all animals in its 47 custody or possession for hookworms and roundworms prior to release 48 and/or placement in foster care. 49 11. When a physical or behavioral abnormality is identified at the 50 time of intake or at any time during any animal's shelter stay, staff 51 members shall follow written medical protocols required by section four 52 hundred twenty-three of this article, to determine if and when any 53 animal in its custody or possession needs to be examined by a duly 54 licensed veterinarian. If the animal is in foster care, the foster care 55 provider shall follow written medical protocols to determine whether the 56 animal needs to be examined by a duly licensed veterinarian.A. 6246--C 15 1 12. Any animal in the custody or possession of any animal shelter for 2 more than thirty days shall be examined and weighed at least monthly by 3 a trained staff member. Animals in foster care shall be examined and 4 weighed at least once every six months by a trained staff member. 5 13. Any apparently healthy animal remaining within the custody or 6 possession of any animal shelter shall be examined by a duly licensed 7 veterinarian at least every six months, or more frequently if problems 8 are identified. 9 14. Each animal shelter shall provide regular grooming to prevent 10 discomfort or injury to each animal in its custody or possession. 11 Matted, soiled, or otherwise unkempt animals shall be provided with 12 timely grooming to alleviate discomfort and prevent injury within 13 forty-eight hours of intake or identification of condition. Severe 14 matting that prevents normal movement, an animal's ability to eat, 15 drink, urinate, or defecate, or that compromises tissue health shall be 16 treated as a medical emergency requiring immediate care. 17 15. (a) No animal shelter shall release any dog or cat for adoption to 18 any person unless the dog or cat has been spayed or neutered, in accord- 19 ance with section three hundred seventy-seven-a of this chapter. 20 (b) Prior to performing spay/neuter surgery at any animal shelter: 21 (i) All animals in such shelter's custody or possession shall receive 22 an examination by a duly licensed veterinarian within twenty-four hours 23 of surgery and anesthesia. Such examination may be performed under 24 sedation or anesthesia if, due to the animal's behavior, an examination 25 is not possible while awake. 26 (ii) Balanced anesthetic protocols that include sedation, the 27 provision of pre- and post-operative analgesia, stress reduction, muscle 28 relaxation and controlled, reversible loss of consciousness shall be 29 utilized for all animals. 30 (iii) While surgery is being performed, the operating area shall be 31 dedicated to surgery and contain the necessary equipment for anesthesia 32 and patient monitoring. 33 (iv) Aseptic surgical technique shall be required, and separate ster- 34 ile instruments shall be used for each patient. All instruments and 35 equipment shall be maintained in proper working condition. 36 (v) A permanent tattoo shall be placed on the ventral abdomen of shel- 37 ter-owned cats and dogs at the time of spay or neuter. 38 (vi) Each animal shelter shall provide adoptive owners instructions in 39 both written and verbal forms for ten-day post-operative care of recent- 40 ly spayed or neutered animals. 41 (c) Written protocols required by section four hundred twenty-three of 42 this chapter, shall be followed to handle related post-operative emer- 43 gencies. 44 § 430. Behavior. 1. Each animal shelter shall take measures, by way of 45 written questionnaire, personal interview or other means deemed neces- 46 sary by the commissioner, to collect a behavioral history for each 47 animal in its custody or possession at the time of intake. 48 2. Routine care and handling of any animal in the custody or 49 possession of each animal shelter, including the timing of feeding and 50 sanitation procedures shall be performed on a regular daily schedule. 51 3. At least twenty minutes of positive social interactions, in addi- 52 tion to time spent providing feeding, cleaning, basic husbandry or care 53 with people shall be provided by each animal shelter on a daily basis 54 for any animal in such shelter's custody or possession except those so 55 poorly socialized to humans that such contact would be unpleasant, 56 stressful or pose a safety risk to other animals or humans. Daily handl-A. 6246--C 16 1 ing and positive exposure to people and other animals shall be provided 2 for any dog or cat less than four months of age, while taking appropri- 3 ate precautions to limit infectious disease. Positive social inter- 4 actions shall include but not be limited to petting an animal, walking, 5 reward based training or interactive play with toys. Time spent provid- 6 ing basic husbandry and animal care shall not be used to offset the 7 social interaction time requirements of this subdivision. 8 4. Each animal shelter shall provide each animal in its custody or 9 possession opportunity for exercise and exploration in the following 10 manner: 11 (a) all cats housed in a cage, kennel, or room that provides less than 12 eighteen square feet of floor space per cat for fourteen days or longer 13 shall be permitted at least fifteen minutes per day at least five days 14 per week outside of their primary enclosure to exercise and explore; 15 (b) all dogs residing in the shelter for fourteen days or longer shall 16 be permitted time outside of their primary enclosure to exercise and 17 explore for at least twenty minutes per day five days per week; or 18 (c) in the event such activities are not possible due to any animal's 19 health, behavior, order of the commissioner or legal restriction, the 20 condition and reason shall be documented in such animal's medical 21 record. 22 5. Each animal shelter shall implement additional measures for enrich- 23 ment and stress reduction for any animal in its custody or possession 24 showing persistent hiding, hostile interactions with other animals, 25 reduced activity, depression or social withdrawal, barrier frustration 26 or aggression, self-injurious behavior, repetitive non goal-oriented 27 movement, or stereotypic behaviors. Such measures shall be documented in 28 such animal's medical record created pursuant to section four hundred 29 twenty-three of this article. 30 6. Use of aversive methods in animal training or behavioral modifica- 31 tion is prohibited except in reward-based method situations, where 32 skilled application of the least aversive method that is expected to 33 succeed may be appropriate. 34 7. Animal shelters may perform a systematic behavioral evaluation on 35 animals prior to rehoming or other placement. In the event such evalu- 36 ations are performed, the following requirements shall apply: 37 (a) staff performing such evaluations shall receive, in advance, 38 adequate training in the performance and interpretation of the behav- 39 ioral evaluation or evaluations; and 40 (b) documentation of the results of every behavior evaluation 41 performed shall be added to the animal's record created pursuant to 42 section four hundred twenty-three of this article. 43 8. Each licensed animal shelter shall fully disclose all available 44 information regarding the behavior of any animal in its custody or 45 possession prior to such animal's transfer to an individual or another 46 organization as authorized pursuant to section three hundred seventy- 47 four of this chapter. Such information shall include, but not be limited 48 to prior history, observed behaviors in the shelter, and the results of 49 any systematic behavioral evaluations performed. 50 9. Any animal in the custody or possession of a licensed animal shel- 51 ter that is observed to be experiencing mental suffering or behavioral 52 deterioration shall be assessed and appropriately treated. 53 § 431. Transportation. 1. Vehicle requirements. (a) Vehicles and oper- 54 ators employed by or otherwise serving as an agent of any animal shelter 55 to transport animals shall adhere to all applicable federal, state, and 56 local laws.A. 6246--C 17 1 (b) Any animal transported by an animal shelter or its agent shall not 2 be placed unconfined or tethered in the back of an open pick-up or 3 flatbed truck. 4 (c) Any animal shelter or its agent transporting any animal shall 5 safely and securely confine such animal in an enclosure such as a crate, 6 carrier, or cage within the vehicle. Foster care providers serving as 7 an agent of any animal shelter for purposes of this section may be 8 authorized to provide secure alternatives to enclosures for transport of 9 large dogs. 10 (d) Any transport vehicle transporting dogs or cats for any animal 11 shelter shall have adequate space, comfortable environmental conditions, 12 and good air quality. The animal compartment of the transport vehicle 13 shall provide fresh air, free of vehicle exhaust fumes. 14 (e) Each transport vehicle, including cargo spaces, shall be heated 15 and cooled as necessary to provide for normal thermoregulation of the 16 animals being transported. 17 (f) Each transport vehicle shall have a thermometer placed in the 18 animal compartment. The ambient temperature in the cargo space shall be 19 maintained between sixty and eighty-five degrees fahrenheit, unless the 20 health of the animal necessitates an ambient temperature that exceeds or 21 is less than such parameters. The operator of such vehicle shall monitor 22 cargo area temperatures at least every four hours to ensure such temper- 23 atures are maintained. 24 2. General responsibilities of animal shelters of origin prior to 25 transport. (a) It is the responsibility of the animal shelter of origin 26 to reasonably ensure that its destination animal shelters have the abil- 27 ity to meet the requirements of subdivision four of this section prior 28 to transporting any animal. A written contract or memorandum of under- 29 standing between the animal shelter of origin, any intermediate animal 30 shelter, the destination animal shelter and any transporting agent not 31 directly employed by such shelters, shall be executed for each animal 32 transfer of one or more animals. Such document shall include the respon- 33 sibilities of each party and shall be revised or updated as necessary to 34 ensure that information is current. 35 (b) A contact person shall be designated for each animal shelter and 36 any intermediate transfer points. 37 (c) Each transporting organization identified in any agreement estab- 38 lished pursuant to subparagraph (i) of paragraph (d) of this subdivision 39 shall adhere to all public health laws and local laws for source 40 location, intermediate transfer points, and final destination. 41 (d) (i) For dogs or cats imported into the state, the animal shelter 42 of origin shall ensure that each dog or cat to be transported aged three 43 months of age or older has been vaccinated against rabies not more than 44 twelve months prior to the date of transport when using a one-year 45 vaccine, or not more than thirty-six months prior to the date of trans- 46 port when using a three-year vaccine, as evidenced by a valid certif- 47 icate of immunization signed by a duly licensed veterinarian. Such 48 vaccine shall be approved by the United States department of agricul- 49 ture. The immunization requirement shall not apply if a veterinarian 50 certifies in writing that because of old age or other reason, the life 51 of the dog would be endangered by the administration of the rabies 52 vaccine. 53 (ii) At a minimum, the animal shelter of origin shall administer the 54 following core vaccinations to each dog or cat to be transported that is 55 four weeks of age or older:A. 6246--C 18 1 (1) For dogs, a modified live product for Distemper virus, Adenovirus, 2 and Parvovirus as well as an intranasal or oral avirulent culture Borde- 3 tella bronchiseptica vaccination prior to departing from the animal 4 shelter of origin. 5 (2) For cats, a modified live product for Feline Viral Rhinotracheit- 6 is, Feline Calici Virus, and Feline Panleukopenia. 7 (iii) The animal shelter of origin shall treat each animal for inter- 8 nal and external parasites as appropriate for the age, species, and 9 medical condition. 10 (iv) (1) The animal shelter of origin shall examine each dog and cat 11 for medical or behavioral concerns at most twenty-four hours prior to 12 initiation of transport. All medical and behavioral observations shall 13 be recorded and communicated to any intermediate animal shelter, the 14 destination animal shelter and any transporting agent not directly 15 employed by such shelters. 16 (2) A health record shall accompany each animal to be transported. 17 (3) A health certificate is required for each animal to be transported 18 into the state in accordance with part sixty-five of the commissioner's 19 rules and regulations. Such certificate shall accompany each animal 20 during transport and be completed and signed by a duly licensed veteri- 21 narian. 22 (v) Each animal shall be individually identified with a collar, tag, 23 tattoo, microchip or combination of such identifiers. All animals shall 24 have, at a minimum, one form of visual identification. 25 3. General responsibilities during transport. (a) Each animal trans- 26 ported shall be provided with absorbent bedding. 27 (b) No animal shall be sedated or tranquilized unless recommended by a 28 duly licensed veterinarian and veterinary guidance is provided for such 29 animal's care during transport. 30 (c) The maximum transport time to an intermediate animal shelter or a 31 destination animal shelter for dogs and cats shall include not more than 32 fourteen hours confined to the transport vehicle, including load time. 33 Transports exceeding fourteen hours must include an overnight stop at an 34 intermediary location, where the dogs and cats being transported shall 35 be allowed the opportunity to exercise and eliminate outside of the 36 transport vehicle. 37 (d) The transporting animal shelter or its agent shall observe each 38 animal being transported as often as circumstances allow, but not less 39 than once every four hours. During such observations, animals should be 40 watered and fed consistent with paragraphs (g) and (h) of this subdivi- 41 sion, and the transport area cleaned as appropriate. 42 (e) Each dog shall be provided with the opportunity to exercise and 43 eliminate at least once every twelve hours while confined to the trans- 44 port vehicle, including load time. Each dog being transported that is 45 less than twelve weeks of age shall be removed from their enclosure and 46 allowed to exercise and eliminate at least every two hours. 47 (f) No dog or cat shall be left unattended in any transport vehicle 48 for more than one hour, regardless of whether heating, ventilation and 49 air conditioning (HVAC) is provided in such vehicle. 50 (g) The transporting animal shelter or its agent shall provide each 51 animal being transported with wholesome and palatable food except when 52 there are instructions from a duly licensed veterinarian to withhold 53 food for medical reasons. Such food shall be free from contamination, of 54 nutritional value sufficient to maintain each animal in good health and 55 be provided at least every twelve hours for adult animals; at leastA. 6246--C 19 1 every eight hours for animals less than six months of age; and at least 2 every six hours for animals less than four months of age. 3 (h) If water cannot be provided at all times, the transporting animal 4 shelter or its agent shall provide clean, fresh water to each animal 5 being transported at least every four hours during observation stops 6 required pursuant to paragraph (b) of subdivision four of this section. 7 Such water shall be supplied in a sanitary manner sufficient for its 8 needs, except where there are instructions from a duly licensed veteri- 9 narian to withhold water for medical reasons. 10 (i) Animal enclosure requirements. (i) Animal enclosures in transport 11 vehicles shall be suitable to allow the animal to stand, sit erect, turn 12 around while standing, and to lie in a natural position. If more than 13 one animal occupies any enclosure during transport, such enclosure shall 14 provide adequate space for each to lie down comfortably at the same time 15 without lying on top of each other. 16 (ii) Unfamiliar animals shall not be contained together in the same 17 enclosure. 18 (iii) Crates, carriers or cages shall not be stacked in the transport 19 vehicle in a manner that increases animal stress or discomfort, compro- 20 mises ventilation, allows waste material to pass between cages, inter- 21 feres with care and observation, or hinders emergency removal. 22 (iv) All animal enclosures and compartments shall be free of sharp 23 edges or other hazardous materials. 24 (v) The floor of any enclosure shall prevent injury, discomfort, and 25 leakage of fluids into other enclosures. 26 (vi) The animal shelter or its agent shall ensure that each animal 27 transported is safely and securely confined within each enclosure as 28 prescribed by this section and that enclosure doors are secured to 29 prevent accidental opening. 30 (vii) The animal shelter or its agent shall secure each primary enclo- 31 sure to prevent movement within the transport vehicle. 32 (viii) Each dog or cat less than eight weeks of age shall be trans- 33 ported in an enclosure with their mother, with adequate space to allow 34 the mother to lie down on her side with legs extended to facilitate 35 nursing unless such dog or cat is orphaned, a duly licensed veterinarian 36 directs otherwise, the transport period does not exceed one hour, or 37 transport with the mother is deemed to pose a significant safety risk. 38 In the event such dog or cat is not transported with its mother, the 39 animal shelter or its agent shall ensure an adequate environment and 40 temperature for the offspring. The transporting animal shelter or its 41 agent shall transport animals with known or suspected infectious 42 diseases that could be spread during transport in separate compartments 43 from healthy animals. 44 (ix) The transporting animal shelter or its agent shall clean animal 45 enclosures and replace litter as often as necessary to prevent soiling 46 any animal being transported. If any animal must be removed from an 47 enclosure to facilitate cleaning, the transporting animal shelter or its 48 agent shall employ safeguards to ensure animal safety and prevent 49 escape. 50 (j) Transport vehicle operators. (i) Transport vehicle operators and 51 individuals who assist in the transport of animals shall have training 52 in animal health, animal care, and safety issues to recognize and 53 respond to animal needs during transport. 54 (ii) Transport vehicle operators shall avoid unnecessary sudden accel- 55 eration, deceleration, excessive lateral movement, noise and vibration.A. 6246--C 20 1 (iii) Transport vehicle operators and individuals who assist in the 2 transport of animals shall observe dogs and cats for any medical or 3 behavioral concerns during each stop and shall respond appropriately to 4 any concerns identified. 5 (iv) Transport vehicle operators and individuals who assist in the 6 transport of animals shall clean and disinfect each enclosure after use 7 in transporting an animal and before transporting different animals in 8 the same enclosure. 9 4. General requirements of destination animal shelters. Each destina- 10 tion animal shelter shall provide the following: 11 (a) Adequately trained personnel ready to receive and medically evalu- 12 ate each animal received from any transporting animal shelter or its 13 agent upon arrival; 14 (b) A physical examination of each animal received from any transport- 15 ing animal shelter with corresponding documentation performed by trained 16 personnel pursuant to section four hundred twenty-three of this article 17 within four hours of arrival; 18 (c) Veterinary care in accordance with section four hundred twenty- 19 nine of this article for each animal received from any transporting 20 animal shelter requiring such care and additional reasonable care. 21 (d) Adequate housing for arriving animals prepared in advance of 22 arrival, including: 23 (i) Housing in a quarantine area if needed, based on assessment of 24 health status, animal source, and risk of infectious, contagious, para- 25 sitic or communicable disease; and 26 (ii) Isolation areas for animals with known or suspected contagious 27 diseases, as required under sections four hundred twenty-four and four 28 hundred twenty-five of this article. 29 5. No animal shelter or its agents shall transport any dog or cat less 30 than one year of age whose point of origin is any breeder licensed by 31 the United States department of agriculture pursuant to the provisions 32 of U.S.P.L. 89-544 as of August twenty-fourth, nineteen sixty-six, or 33 any subsequent corresponding sections of the federal Animal Welfare Act, 34 as from time to time amended. 35 § 432. Foster care provider requirements. 1. No person may operate as 36 a foster care provider in this state without first having signed a writ- 37 ten agreement with an animal shelter licensed pursuant to this article 38 stating that such person may operate as a foster care provider with the 39 approval and under the responsibility of such animal shelter. Such 40 agreement shall be renewed not less than once every two years, and a 41 copy of such agreement shall be kept by both the animal shelter and 42 foster care provider and made available for inspection by the commis- 43 sioner upon request. It shall be the responsibility of the animal shel- 44 ter entering into such agreement with any foster care provider pursuant 45 to this article to ensure that such foster care provider is able to 46 responsibly harbor and provide necessary sustenance for any animal 47 placed in their care by such animal shelter in a manner that promotes 48 the good health, safety and welfare of such animals. No animal shelter 49 shall knowingly enter into any agreement pursuant to this subdivision 50 with any person who has been previously convicted of a violation of any 51 provision of article twenty-six of this chapter or regulations promul- 52 gated thereunder pertaining to humane treatment of animals, cruelty to 53 animals, endangering the life or health of an animal, or violation of 54 any federal, state, or local law pertaining to the care, treatment, 55 sale, possession, or handling of animals or any regulation or rule 56 relating to the endangerment of the life or health of an animal.A. 6246--C 21 1 2. Foster care providers may harbor animals owned by a licensed animal 2 shelter but shall not own such animals and shall keep a copy of the 3 current record of each animal harbored under any agreement established 4 pursuant to subdivision one of this section. Such record shall be main- 5 tained at the physical premises where such foster care providers harbor 6 such animals. Animal shelters may, if appropriate to protect the identi- 7 ty of the source of any animal, provide their foster care providers with 8 a partial animal record that excludes the name and address of the organ- 9 ization or individual from whom such animal was obtained and the date of 10 receipt, so long as such animal shelters keep a copy of the complete 11 record at the location where it maintains such records pursuant to 12 section four hundred twenty-three of this article. It is the responsi- 13 bility of the animal shelter with which such foster care provider has 14 established an agreement pursuant to subdivision one of this section to 15 ensure compliance with this subdivision. 16 3. Any animal harbored by a foster care provider pursuant to this 17 section that is affected by an infectious or contagious disease shall be 18 handled in a manner that prevents the spread of such disease in accord- 19 ance with subdivision nine of section four hundred twenty-four of this 20 article. It shall be the responsibility of the animal shelter with which 21 such foster care provider has established an agreement pursuant to 22 subdivision one of this section to ensure compliance with this subdivi- 23 sion. 24 § 433. Violations. 1. Any animal shelter that violates any provision 25 of this article may be subject to licensure denial, revocation, suspen- 26 sion, or refusal of license renewal in accordance with the provisions of 27 subdivision seven of section four hundred twenty-one of this article. 28 2. Violation of any provision of this article shall be a civil 29 offense, for which a penalty of not less than one hundred dollars and 30 not more than one thousand dollars for each violation may be imposed by 31 the commissioner; provided, that whenever there shall be a violation of 32 this article, application may be made by the attorney general in the 33 name of the people of the state of New York to a court or justice having 34 jurisdiction by a special proceeding to issue an injunction, and upon 35 notice to the defendant of not less than five days, to enjoin and 36 restrain the continuance of such violations; and if it shall appear to 37 the satisfaction of the court or justice that the defendant has, in 38 fact, violated this article, an injunction may be issued by such court 39 or justice, enjoining and restraining any further violation, without 40 requiring proof that any person has, in fact, been injured or damaged 41 thereby. In any such proceeding, the court may make allowances to the 42 attorney general as provided in paragraph six of subdivision (a) of 43 section eighty-three hundred three of the civil practice law and rules, 44 and direct restitution. Whenever the court shall determine that a 45 violation of this article has occurred, the court may impose a civil 46 penalty of not less than one hundred dollars and not more than one thou- 47 sand dollars. In connection with any such proposed application, the 48 attorney general is authorized to take proof and make a determination of 49 the relevant facts and to issue subpoenas in accordance with the civil 50 practice law and rules. 51 3. Any animal shelter that violates any provisions of this article 52 shall correct such violations to the satisfaction of the commissioner 53 within a period not to exceed ten days; provided, however, that where 54 such violation poses a severe or immediate threat to public health or 55 animal safety or well-being, such violation shall be corrected to theA. 6246--C 22 1 satisfaction of the commissioner within a period not to exceed seventy- 2 two hours. 3 4. Nothing in this section shall preclude the commissioner from taking 4 additional actions to address violations related to the immediate threat 5 to animal safety or well-being, including but not limited to, suspension 6 of animal shelter operations until such violations are corrected to the 7 satisfaction of the commissioner. 8 5. Upon identification of one of more violations, the commissioner 9 shall provide the animal shelter with a written description of all 10 violations issued and the steps necessary to correct such deficiencies. 11 § 434. Waiving of requirements authorized. The commissioner is hereby 12 authorized to waive the requirements established pursuant to this arti- 13 cle during a disaster emergency, provided that an official declaration 14 of such disaster emergency has been made by the governor or his or her 15 delegated state official pursuant to section twenty-eight of the execu- 16 tive law. 17 § 3. The agriculture and markets law is amended by adding a new 18 section 384 to read as follows: 19 § 384. Special provisions related to the importation of dogs and cats 20 into the state for sale, resale or adoption. 1. Any dog or cat imported 21 into this state for the purposes of sale, resale or adoption shall be 22 held by the consignee for a period of not less than forty-eight hours. 23 Such dog or cat shall be vaccinated in accordance with section twenty- 24 one hundred forty-one of the public health law and part sixty-five of 25 the commissioner's rules and regulations. 26 2. If, during the holding period prescribed in subdivision one of this 27 section, any dog or cat imported into the state for sale, resale or 28 adoption exhibits signs of infectious, contagious, parasitic or communi- 29 cable disease, including but not limited to coughing, sneezing, vomit- 30 ing, diarrhea or bloody stool, such dog or cat must be isolated and 31 examined by a duly licensed attending veterinarian immediately. Any dogs 32 or cats that have been deemed exposed to such dog or cat must be quaran- 33 tined, if necessary, under the direction of such attending veterinarian 34 and held until such attending veterinarian declares them to be free of 35 disease. 36 3. Any dog or cat passing through the state to points beyond, or 37 brought into the state for temporary residence for purposes of exhibi- 38 tion, or which enters the state for delivery to research institutions, 39 for fifteen days or fewer, shall be exempt from the provisions of this 40 section, provided that such dog or cat is at all times properly 41 restrained and under the immediate control of the owner or custodian, 42 and that such dog or cat that is in the state for more than fifteen days 43 is accompanied with proof of proper immunization against rabies. It 44 shall be an affirmative defense to the offense of failure to have accom- 45 panied proof of proper immunization against rabies of such dog or cat, 46 upon the presentation of proof that such dog or cat had in fact been 47 immunized against rabies at the time of the infraction. 48 4. Violation of any provision of this section shall be a civil 49 offense, for which a penalty of not less than one hundred dollars and 50 not more than one thousand dollars for each violation shall be imposed. 51 Any person licensed pursuant to article twenty-six-A or twenty-six-C of 52 this chapter who violates any provision of this section may be subject 53 to denial, revocation, suspension, or refusal of renewal of his or her 54 license in accordance with the provisions of section four hundred twen- 55 ty-one of this chapter.A. 6246--C 23 1 § 4. Paragraphs (b) and (c) of subdivision 4 of section 400 of the 2 agriculture and markets law, as added by chapter 168 of the laws of 3 2017, are amended to read as follows: 4 (b) Any municipal pound or shelter dedicated to the care of unwanted 5 animals which makes such animals available for adoption whether or not a 6 fee for such adoption is charged, established and maintained pursuant to 7 subdivision one of section one hundred fourteen of this chapter, and 8 that is duly licensed as an animal shelter pursuant to article twenty- 9 six-C of this chapter; and 10 (c) Any duly incorporated society for the prevention of cruelty to 11 animals, duly incorporated humane society, duly incorporated animal 12 protective association or other duly incorporated animal adoption or 13 animal rescue organization dedicated to the care of unwanted animals 14 which makes such animals available for adoption whether or not a fee for 15 such adoption is charged that is exempt from taxes pursuant to paragraph 16 (3) of subsection (c) of section 501 of the federal Internal Revenue 17 Code, 26 U.S.C. 501, or any subsequent corresponding sections of the 18 federal Internal Revenue Code, as from time to time amended, that is 19 [registered with the department] duly licensed as an animal shelter 20 pursuant to [section four hundred eight] article twenty-six-C of this 21 [article] chapter. 22 § 5. Subdivision 3 of section 403 of the agriculture and markets law, 23 as added by chapter 259 of the laws of 2000, is amended to read as 24 follows: 25 3. Each application for a license shall be accompanied by a nonrefund- 26 able fee of one hundred fifty dollars[, except that those pet dealers27who engage in the sale of less than twenty-five animals in a year, shall28pay a nonrefundable fee of twenty-five dollars]. 29 § 6. Section 408 of the agriculture and markets law is REPEALED. 30 § 7. Section 380 of the agriculture and markets law, as added by chap- 31 ter 470 of the laws of 2017, is renumbered section 383. 32 § 8. Subdivision 3 of section 752 of the general business law, as 33 amended by chapter 168 of the laws of 2017, is amended to read as 34 follows: 35 3. For purposes of section seven hundred fifty-three of this article, 36 a "pet dealer" shall mean any person who, in the ordinary course of 37 business, engages in the sale or offering for sale of more than nine 38 animals per year for profit to the public. Such definition shall include 39 breeders of animals who sell or offer for sale animals directly to a 40 consumer but it shall not include any municipal pound or shelter estab- 41 lished and maintained pursuant to subdivision one of section one hundred 42 fourteen of the agriculture and markets law and duly licensed as an 43 animal shelter pursuant to article twenty-six-C of the agriculture and 44 markets law, or any duly incorporated society for the prevention of 45 cruelty to animals, duly incorporated humane society, duly incorporated 46 animal protective association or other duly incorporated animal adoption 47 or animal rescue organization that is tax exempt pursuant to paragraph 48 (3) of subsection (c) of section 501 of the federal Internal Revenue 49 Code, 26 U.S.C. 501, or any subsequent corresponding sections of the 50 federal Internal Revenue Code, as from time to time amended, that [is51registered with the department] duly licensed as an animal shelter 52 pursuant to [section four hundred eight] article twenty-six-C of the 53 agriculture and markets law. For purposes of sections seven hundred 54 fifty-three-a, seven hundred fifty-three-b, seven hundred fifty-three-c 55 and seven hundred fifty-three-d of this article, "pet dealer" shall mean 56 any person who engages in the sale or offering for sale of more thanA. 6246--C 24 1 nine animals per year for profit to the public. Such definition shall 2 include breeders who sell animals; but it shall not include the follow- 3 ing: 4 (a) Any breeder who sells or offers to sell directly to the consumer 5 fewer than twenty-five animals per year that are born and raised on the 6 breeders residential premises. 7 (b) Any municipal pound or shelter established and maintained pursuant 8 to subdivision one of section one hundred fourteen of the agriculture 9 and markets law and duly licensed as an animal shelter pursuant to arti- 10 cle twenty-six-C of the agriculture and markets law. 11 (c) Any duly incorporated society for the prevention of cruelty to 12 animals, duly incorporated humane society, duly incorporated animal 13 protective association or other duly incorporated animal adoption or 14 animal rescue organization that is exempt from taxes pursuant to para- 15 graph (3) of subsection (c) of section 501 of the federal Internal 16 Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of 17 the federal Internal Revenue Code, as from time to time amended, that is 18 [registered with the department] duly licensed as an animal shelter 19 pursuant to [section four hundred eight] article twenty-six-C of the 20 agriculture and markets law. 21 § 9. The state finance law is amended by adding a new section 99-pp to 22 read as follows: 23 § 99-pp. Animal shelter regulation fund. 1. There is hereby estab- 24 lished in the joint custody of the state comptroller and the commission- 25 er of taxation and finance, a fund to be known as the animal shelter 26 regulation fund. 27 2. Such fund shall consist of all monies collected pursuant to article 28 twenty-six-C of the agriculture and markets law, and all other monies 29 credited or transferred thereto from any other fund or source pursuant 30 to law. 31 3. Monies of the fund shall be expended solely for the purposes of 32 carrying out the provisions of article twenty-six-C of the agriculture 33 and markets law. Monies shall be paid out of the fund on the audit and 34 warrant of the state comptroller on vouchers approved by the commission- 35 er of agriculture and markets. Any interest received by the comptroller 36 on monies on deposit in the pet dealer licensing fund shall be retained 37 in and become part of such fund. 38 § 10. This act shall take effect three years after it shall have 39 become a law. Effective immediately, the addition, amendment and/or 40 repeal of any rule or regulation necessary for the implementation of 41 this act on its effective date are authorized to be made and completed 42 by the commissioner of agriculture and markets on or before such effec- 43 tive date.
