Bill Text: NY S07800 | 2015-2016 | General Assembly | Introduced


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 1-0)

Status: (Introduced - Dead) 2016-05-12 - REFERRED TO AGRICULTURE [S07800 Detail]

Download: New_York-2015-S07800-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7800
                    IN SENATE
                                      May 12, 2016
                                       ___________
        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:
    26    2.  Sanitation.  Housing  facilities, including primary enclosures and
    27  cages, shall be kept in a clean condition in order to maintain a healthy
    28  environment for the animal. This shall include removing  and  destroying
    29  any agents injurious to the health of the animal and periodic cleanings.
    30  Primary  enclosures  must  be  cleaned daily and sanitized at least once
    31  every two weeks using one of the following methods: (a) live steam under
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14436-04-6

        S. 7800                             2
     1  pressure; (b) washing with water with a  temperature  of  at  least  one
     2  hundred and eighty degrees Fahrenheit and soap or detergent; (c) washing
     3  all  soiled  surfaces with appropriate detergent solutions and disinfec-
     4  tant  or  by  using a combination detergent or disinfectant product that
     5  accomplishes the same purpose with a thorough cleaning of  the  surfaces
     6  to  remove  excreta,  feces,  hair, dirt, debris and food waste so as to
     7  remove all organic and mineral  buildup  and  to  provide  sanitization,
     8  followed  by a clean water rinse. The primary enclosure or cage shall be
     9  constructed so as to eliminate excess water, excretions, and waste mate-
    10  rial. Under no circumstances shall the animal remain inside the  primary
    11  enclosure or cage while it is being cleaned with live steam, sterilizing
    12  agents  or  agents  toxic  to  animals  or cleaned in a manner likely to
    13  threaten the health and safety of the animal. Trash and  waste  products
    14  on  the  premises  shall  be properly contained and disposed of so as to
    15  minimize the risks of disease, contamination, and vermin.
    16    § 3. Paragraph (c) of subdivision 3 of section 401 of the  agriculture
    17  and markets law, as added by chapter 259 of the laws of 2000, is amended
    18  to read as follows:
    19    (c)  [Food]  Sanitary food receptacles shall be provided in sufficient
    20  number, of adequate size, and so located as to enable each animal in the
    21  primary enclosure or cage to be supplied  with  an  adequate  amount  of
    22  food.
    23    §  4.  Subparagraphs  (iv)  and (v) of paragraph a of subdivision 5 of
    24  section 401 of the agriculture and markets law, as added by chapter  110
    25  of the laws of 2012, are amended and a new subparagraph (vi) is added to
    26  read as follows:
    27    (iv)  Adequate  guidance  to personnel involved in the care and use of
    28  animals regarding handling and immobilization; [and]
    29    (v) Pre-procedural and post-procedural care in accordance with  estab-
    30  lished veterinary medical and nursing procedures[.]; and
    31    (vi)  In  the case of dealers who sell or offer to sell twenty-five or
    32  more dogs or cats per year to the public for profit that  are  born  and
    33  raised  on the dealer's residential premises, annual veterinary examina-
    34  tions, at a minimum, for all intact adult dogs or cats on such  dealer's
    35  premises.
    36    §  5. Subdivision 7 of section 401 of the agriculture and markets law,
    37  as added by chapter 110 of the laws of 2012, is amended and a new subdi-
    38  vision 8 is added to read as follows:
    39    7. Exercise requirements. Pet dealers shall develop,  maintain,  docu-
    40  ment,  and implement an appropriate plan to provide dogs with the oppor-
    41  tunity for daily exercise. In developing such plan, consideration should
    42  be given to providing positive physical contact with humans that encour-
    43  ages exercise through play or other similar activities. Such plan  shall
    44  be  approved  by the attending veterinarian, and [must be made available
    45  to the department upon request] shall be provided to the  department  by
    46  mail  or  electronic  means  in  accordance  with any regulations it may
    47  promulgate.
    48    8. Grooming. All animals shall be groomed regularly to prevent  exces-
    49  sive matting of fur, overgrown toenails and flea and tick infestation.
    50    §  6.  This  act shall take effect on the ninetieth day after it shall
    51  have become a law. Effective immediately, the addition, amendment and/or
    52  repeal of any rule or regulation necessary  for  the  implementation  of
    53  this  act  on its effective date are authorized to be made and completed
    54  on or before such effective date.
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