Bill Text: NY S00613 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the care of animals; requires regular diurnal light cycles of either natural or artificial light; requires separate space for pregnant or nursing dogs; requires a certain level of sanitation of primary enclosures and cages; requires sanitary food receptacles; requires grooming.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO AGRICULTURE [S00613 Detail]

Download: New_York-2017-S00613-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           613
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 4, 2017
                                       ___________
        Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture
        AN ACT to amend the agriculture and markets law, in relation to the care
          of animals
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Paragraphs (e), (g) and (h) of subdivision 1 of section 401
     2  of  the  agriculture and markets law, paragraphs (e) and (g) as added by
     3  chapter 259 of the laws of 2000, and paragraph (h) as added  by  chapter
     4  110 of the laws of 2012, are amended to read as follows:
     5    (e)  The  indoor facilities housing the animals shall be provided with
     6  adequate lighting sufficient to permit routine inspection  and  cleaning
     7  and  be arranged so that each animal is protected from excessive illumi-
     8  nation which poses a health hazard to the animal.  Animal areas must  be
     9  provided  with regular diurnal light cycles of either natural or artifi-
    10  cial light.
    11    (g) In the event that a pet dealer has a pregnant or  nursing  dog  on
    12  his  or  her  premises,  the pet dealer shall provide a whelping box for
    13  such dog.  Separate and apart from the whelping box, a pet dealer  shall
    14  provide  a  pregnant  or nursing dog with a separate space accessible to
    15  her that complies with the standards set forth in paragraph (b) of  this
    16  subdivision. Each nursing dog shall be provided with a sufficient amount
    17  of floor space to nurse and care for her litter.
    18    (h)  Pet  dealers  shall  designate  and provide an isolation area for
    19  animals that exhibit symptoms of  contagious  disease  or  illness.  The
    20  location  of  such  designated area must be such as to prevent or reduce
    21  the spread of disease to healthy animals and  must  otherwise  meet  all
    22  housing requirements of this section.
    23    §  2. Subdivision 2 of section 401 of the agriculture and markets law,
    24  as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
    25  follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01092-01-7
        S. 613                              2
     1    2.  Sanitation.  Housing  facilities, including primary enclosures and
     2  cages, shall be kept in a clean condition in order to maintain a healthy
     3  environment for the animal. This shall include removing  and  destroying
     4  any agents injurious to the health of the animal and periodic cleanings.
     5  Primary  enclosures  must  be  cleaned daily and sanitized at least once
     6  every two weeks using one of the following methods: (a) live steam under
     7  pressure; (b) washing with water with a  temperature  of  at  least  one
     8  hundred and eighty degrees Fahrenheit and soap or detergent; (c) washing
     9  all  soiled  surfaces with appropriate detergent solutions and disinfec-
    10  tant or by using a combination detergent or  disinfectant  product  that
    11  accomplishes  the  same purpose with a thorough cleaning of the surfaces
    12  to remove excreta, feces, hair, dirt, debris and food  waste  so  as  to
    13  remove  all  organic  and  mineral  buildup and to provide sanitization,
    14  followed by a clean water rinse. The primary enclosure or cage shall  be
    15  constructed so as to eliminate excess water, excretions, and waste mate-
    16  rial.  Under no circumstances shall the animal remain inside the primary
    17  enclosure or cage while it is being cleaned with live steam, sterilizing
    18  agents or agents toxic to animals or  cleaned  in  a  manner  likely  to
    19  threaten  the  health and safety of the animal. Trash and waste products
    20  on the premises shall be properly contained and disposed  of  so  as  to
    21  minimize the risks of disease, contamination, and vermin.
    22    §  3. Paragraph (c) of subdivision 3 of section 401 of the agriculture
    23  and markets law, as added by chapter 259 of the laws of 2000, is amended
    24  to read as follows:
    25    (c) [Food] Sanitary food receptacles shall be provided  in  sufficient
    26  number, of adequate size, and so located as to enable each animal in the
    27  primary  enclosure  or  cage  to  be supplied with an adequate amount of
    28  food.
    29    § 4. Subparagraphs (iv) and (v) of paragraph a  of  subdivision  5  of
    30  section  401 of the agriculture and markets law, as added by chapter 110
    31  of the laws of 2012, are amended and a new subparagraph (vi) is added to
    32  read as follows:
    33    (iv) Adequate guidance to personnel involved in the care  and  use  of
    34  animals regarding handling and immobilization; [and]
    35    (v)  Pre-procedural and post-procedural care in accordance with estab-
    36  lished veterinary medical and nursing procedures[.]; and
    37    (vi) In the case of dealers who sell or offer to sell  twenty-five  or
    38  more  dogs  or  cats per year to the public for profit that are born and
    39  raised on the dealer's residential premises, annual veterinary  examina-
    40  tions,  at a minimum, for all intact adult dogs or cats on such dealer's
    41  premises.
    42    § 5. Subdivision 7 of section 401 of the agriculture and markets  law,
    43  as added by chapter 110 of the laws of 2012, is amended and a new subdi-
    44  vision 8 is added to read as follows:
    45    7.  Exercise  requirements. Pet dealers shall develop, maintain, docu-
    46  ment, and implement an appropriate plan to provide dogs with the  oppor-
    47  tunity for daily exercise. In developing such plan, consideration should
    48  be given to providing positive physical contact with humans that encour-
    49  ages  exercise through play or other similar activities. Such plan shall
    50  be approved by the attending veterinarian, and [must be  made  available
    51  to  the  department upon request] shall be provided to the department by
    52  mail or electronic means in  accordance  with  any  regulations  it  may
    53  promulgate.
    54    8.  Grooming. All animals shall be groomed regularly to prevent exces-
    55  sive matting of fur, overgrown toenails and flea and tick infestation.
        S. 613                              3
     1    § 6. This act shall take effect on the ninetieth day  after  it  shall
     2  have become a law. Effective immediately, the addition, amendment and/or
     3  repeal  of  any  rule  or regulation necessary for the implementation of
     4  this act on its effective date are authorized to be made  and  completed
     5  on or before such effective date.