Bill Text: NY A10509 | 2009-2010 | General Assembly | Amended
Bill Title: Amends requirements for pet dealers for the care and sale of cats and dogs; requires the implementation of an appropriate plan for the exercise of animals in their possession.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Engrossed - Dead) 2010-06-07 - REFERRED TO CONSUMER PROTECTION [A10509 Detail]
Download: New_York-2009-A10509-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
10509--C
Cal. No. 920
I N A S S E M B L Y
April 2, 2010
___________
Introduced by M. of A. PAULIN, MARKEY, CASTRO, ESPAILLAT, JAFFEE,
KAVANAGH, KOON, MAYERSOHN, TITONE -- Multi-Sponsored by -- M. of A.
CHRISTENSEN, GLICK, HYER-SPENCER, M. MILLER, SKARTADOS, WEISENBERG --
read once and referred to the Committee on Agriculture -- reported and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee -- reported
from committee, advanced to a third reading, amended and ordered
reprinted, retaining its place on the order of third reading
AN ACT to amend the agriculture and markets law and the general business
law, in relation to the care and sale of dogs and cats 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 401 of the agriculture and
2 markets law is amended by adding a new paragraph (h) to read as follows:
3 (H) PET DEALERS SHALL DESIGNATE AND PROVIDE AN ISOLATION AREA FOR
4 ANIMALS THAT EXHIBIT SYMPTOMS OF DISEASE OR ILLNESS. THE LOCATION OF
5 SUCH DESIGNATED AREA MUST BE SUCH AS TO PREVENT OR REDUCE THE SPREAD OF
6 DISEASE TO HEALTHY ANIMALS.
7 S 2. Paragraphs (a), (b), (c) and (d) of subdivision 5 of section 401
8 of the agriculture and markets law are relettered paragraphs (b), (c),
9 (d) and (e) and a new paragraph (a) is added to read as follows:
10 (A) ANY PET DEALER DULY LICENSED PURSUANT TO THIS ARTICLE SHALL DESIG-
11 NATE AN ATTENDING VETERINARIAN, WHO SHALL PROVIDE VETERINARY CARE TO THE
12 DEALER'S ANIMALS WHICH SHALL INCLUDE A WRITTEN PROGRAM OF VETERINARY
13 CARE AND REGULARLY SCHEDULED VISITS TO THE PET DEALER'S PREMISES. SUCH
14 PROGRAM OF VETERINARY CARE SHALL INCLUDE:
15 (I) THE AVAILABILITY OF APPROPRIATE FACILITIES, PERSONNEL, EQUIPMENT,
16 AND SERVICES TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE;
17 (II) THE USE OF APPROPRIATE METHODS TO PREVENT, CONTROL, DIAGNOSE, AND
18 TREAT DISEASES AND INJURIES, AND THE AVAILABILITY OF EMERGENCY, WEEKEND,
19 AND HOLIDAY CARE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15724-10-0
A. 10509--C 2
1 (III) DAILY OBSERVATION OF ALL ANIMALS TO ASSESS THEIR HEALTH AND
2 WELL-BEING; PROVIDED, HOWEVER, THAT DAILY OBSERVATION OF ANIMALS MAY BE
3 ACCOMPLISHED BY SOMEONE OTHER THAN THE ATTENDING VETERINARIAN WHO HAS
4 RECEIVED THE GUIDANCE IDENTIFIED IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH;
5 AND PROVIDED, FURTHER, THAT A MECHANISM OF DIRECT AND FREQUENT COMMUNI-
6 CATION IS REQUIRED SO THAT TIMELY AND ACCURATE INFORMATION ON PROBLEMS
7 OF ANIMAL HEALTH, BEHAVIOR, AND WELL-BEING IS CONVEYED TO THE ATTENDING
8 VETERINARIAN;
9 (IV) ADEQUATE GUIDANCE TO PERSONNEL INVOLVED IN THE CARE AND USE OF
10 ANIMALS REGARDING HANDLING AND IMMOBILIZATION; AND
11 (V) PRE-PROCEDURAL AND POST-PROCEDURAL CARE IN ACCORDANCE WITH ESTAB-
12 LISHED VETERINARY MEDICAL AND NURSING PROCEDURES.
13 S 3. Section 401 of the agriculture and markets law is amended by
14 adding a new subdivision 7 to read as follows:
15 7. EXERCISE REQUIREMENTS. PET DEALERS SHALL DEVELOP, MAINTAIN, DOCU-
16 MENT, AND IMPLEMENT AN APPROPRIATE PLAN TO PROVIDE ANIMALS WITH THE
17 OPPORTUNITY FOR DAILY EXERCISE. IN DEVELOPING SUCH PLAN, CONSIDERATION
18 SHOULD BE GIVEN TO PROVIDING POSITIVE PHYSICAL CONTACT WITH HUMANS THAT
19 ENCOURAGES EXERCISE THROUGH PLAY OR OTHER SIMILAR ACTIVITIES. SUCH PLAN
20 SHALL BE APPROVED BY THE ATTENDING VETERINARIAN AND THE DEPARTMENT.
21 S 4. Section 753-a of the general business law, as added by chapter
22 259 of the laws of 2000, is amended to read as follows:
23 S 753-a. Veterinarian examination. 1. Within five business days of
24 receipt, but prior to the sale of any dog, the pet dealer shall have a
25 duly licensed veterinarian conduct an examination and tests appropriate
26 to the breed and age to determine if the animal has any medical condi-
27 tions apparent at the time of the examination that adversely affect the
28 health of the animal. For animals eighteen months of age or older, such
29 examination shall include a diagnosis of any congenital conditions that
30 adversely affect the health of the animal. Any animal [found to be
31 afflicted] DIAGNOSED with a contagious disease shall be treated and
32 caged separately from healthy animals IN ACCORDANCE WITH SECTION FOUR
33 HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW.
34 2. All animals shall be [inoculated] VACCINATED as required by state
35 or local law. Veterinary care appropriate to the species shall be
36 provided without undue delay when necessary. Each animal shall be
37 observed each day by the pet dealer or by a person working under the pet
38 dealer's supervision.
39 3. No pet dealer shall knowingly sell any animal [eighteen months of
40 age or older] that has a diagnosed congenital condition OR CONTAGIOUS
41 DISEASE that adversely affects the health of the animal without first
42 informing the consumer, in writing, of such condition.
43 S 5. This act shall take effect April 1, 2011; provided, however, that
44 effective immediately, the addition, amendment and/or repeal of any rule
45 or regulation necessary for the implementation of this act on its effec-
46 tive date are authorized and directed to be made and completed on or
47 before such effective date.
