Relates to 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.

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S7268A-2011 Actions

• Jun 13, 2012: SUBSTITUTED BY A697D
• May 30, 2012: AMENDED ON THIRD READING 7268A
• May 21, 2012: ADVANCED TO THIRD READING
• May 16, 2012: 2ND REPORT CAL.
• May 15, 2012: 1ST REPORT CAL.752
• May 2, 2012: REFERRED TO AGRICULTURE

S7268A-2011 Calendars

Active List: Jun 13, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012

S7268A-2011 Votes

S7268A-2011 Memo

BILL NUMBER:S7268A

TITLE OF BILL:
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

PURPOSE:
To improve the health and quality of life of animals by providing duly
licensed pet dealers with updated standards of care.

SUMMARY OF PROVISIONS:
Section one amends subdivision 1 of section 401 of the agriculture and
markets law by adding a new paragraph (h) which provides that pet
dealers shall designate and provide an isolation area for animals
that exhibit symptoms of contagious disease or illness in order to
prevent or reduce the spread of disease to healthy animals.

Section two re-letters paragraphs (a), (b), (c), and (d) of
subdivision 5 of section 401 of the agriculture and markets law as
paragraphs (b), (c), (d), and (e) and adds a new paragraph (a).
Paragraph (a) provides that a duly licensed pet dealer shall designate
an attending veterinarian to care for the dealer's animals. Such care
shall include a written program of veterinary care and regular visits
to the dealer's premises by the veterinarian. The program of care
shall include the availability of appropriate facilities, personnel,
equipment, and services to comply with the provision of this article;
the use of methods determined to be appropriate by the attending
veterinarian to prevent, control, and respond to diseases and
injuries, and the availability of emergency, weekend, and holiday
care; daily observation of all animals to assess their health and
well-being, provided, however, that daily observation of animals may
be accomplished by someone other than the attending veterinarian who
has received the guidance identified in subdivision (iv) of this
paragraph, and provided, further, that a mechanism of direct and
frequent communication is required so that timely and accurate
information on problems of animal health, behavior, and wellbeing is
conveyed to the attending veterinarian; adequate guidance to
personnel involved in the care and use of animals regarding handling
and immobilization; and pre-procedural and post-procedural
care in accordance with established veterinary medical
and nursing procedures.

Section three amends paragraph (c) of subdivision 5 of section 401 of
the agriculture and markets law, as added by chapter 259 of the laws
of 2000 and as "re-lettered by section two of this act, by changing the
phrase "found to be afflicted" to the word "diagnosed."

Section four amends section 401 of the agriculture and markets law by
adding a new subdivision 7 which Provides that pet dealers shall
develop, maintain, document and implement an appropriate plan to
provide animals with the opportunity for daily exercise.
Consideration should be given to providing positive physical contact
with humans that encourages exercise through play or other similar
activities. Such plan shall be approved by the attending


veterinarian, and must be made available to the department upon
request.

Section five amends section 753-a of the general business law, as
added by chapter 259 of the laws of 2000, by Changing the phrase
"found to be afflicted" to the word "diagnosed"; changing the phrase
"inoculated" to "vaccinated"; removing the phrase "eighteen months of
age or older"; and adding "or contagious disease."

Section six amends subdivision 1 of section 402 of the agriculture and
markets law, as added by chapter 259 of the laws of 2000, by adding
"if the person from whom the animal Was obtained is a dealer licensed
by the department, the person's name, address, and state dealer
identification number."

Section seven provides the effective date.

JUSTIFICATION:
Dogs and cats that are bred and sold by certain pet dealers receive
inadequate exercise, protection from the spread of disease and
veterinary care. This legislation provides updated standards of care
to be followed by duly licensed pet dealers in order to both improve
the health and well-being of animals and increase the likelihood that
consumers will receive healthy companion animals.

LEGISLATIVE HISTORY:
2010: A.8444, Referred to Agriculture
2009: A.8444, Referred to Agriculture
2008: A.9613, Held for consideration in Agriculture

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take immediately.

S7268A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   7268--A
      Cal. No. 752

                              I N  SENATE

                                 May 2, 2012
                                 ___________

  Introduced by Sens. BALL, SKELOS, GRISANTI, LAVALLE, OPPENHEIMER -- read
    twice  and  ordered  printed,  and when printed to be committed to the
    Committee on Agriculture -- reported favorably  from  said  committee,
    ordered  to  first  and  second  report,  ordered  to a third reading,
    amended and ordered reprinted, retaining its place  in  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:


    Section 1.   Subdivision 1 of  section  401  of  the  agriculture  and
  markets law is amended by adding a new paragraph (h) to read as follows:

    (H)  PET  DEALERS  SHALL  DESIGNATE  AND PROVIDE AN ISOLATION AREA FOR
  ANIMALS THAT EXHIBIT SYMPTOMS OF  CONTAGIOUS  DISEASE  OR  ILLNESS.  THE
  LOCATION  OF  SUCH  DESIGNATED AREA MUST BE SUCH AS TO PREVENT OR REDUCE
  THE SPREAD OF DISEASE TO HEALTHY ANIMALS.
    S 2. Paragraphs (a), (b), (c) and (d) of subdivision 5 of section  401
  of  the  agriculture and markets law are relettered paragraphs (b), (c),
  (d) and (e) and a new paragraph (a) is added to read as follows:

    (A) ANY PET DEALER DULY LICENSED PURSUANT TO THIS ARTICLE SHALL DESIG-
  NATE AN ATTENDING VETERINARIAN, WHO SHALL PROVIDE VETERINARY CARE TO THE
  DEALER'S ANIMALS WHICH SHALL INCLUDE A  WRITTEN  PROGRAM  OF  VETERINARY
  CARE  AND  REGULAR  VISITS TO THE PET DEALER'S PREMISES. SUCH PROGRAM OF
  VETERINARY CARE SHALL INCLUDE:

    (I) THE AVAILABILITY OF APPROPRIATE FACILITIES, PERSONNEL,  EQUIPMENT,
  AND SERVICES TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE;
    (II)  THE USE OF METHODS DETERMINED TO BE APPROPRIATE BY THE ATTENDING
  VETERINARIAN TO PREVENT, CONTROL, AND RESPOND TO DISEASES AND  INJURIES,
  AND THE AVAILABILITY OF EMERGENCY, WEEKEND, AND HOLIDAY CARE;
    (III)  DAILY  OBSERVATION  OF  ALL  ANIMALS TO ASSESS THEIR HEALTH AND
  WELL-BEING; PROVIDED, HOWEVER, THAT DAILY OBSERVATION OF ANIMALS MAY  BE
  ACCOMPLISHED  BY  SOMEONE  OTHER THAN THE ATTENDING VETERINARIAN WHO HAS
  RECEIVED THE GUIDANCE IDENTIFIED IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH;
  AND PROVIDED, FURTHER, THAT A MECHANISM OF DIRECT AND FREQUENT  COMMUNI-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00792-16-2

 S. 7268--A                          2

  CATION  IS  REQUIRED SO THAT TIMELY AND ACCURATE INFORMATION ON PROBLEMS
  OF ANIMAL HEALTH, BEHAVIOR, AND WELL-BEING IS CONVEYED TO THE  ATTENDING
  VETERINARIAN;
    (IV)  ADEQUATE  GUIDANCE  TO PERSONNEL INVOLVED IN THE CARE AND USE OF
  ANIMALS REGARDING HANDLING AND IMMOBILIZATION; AND
    (V) PRE-PROCEDURAL AND POST-PROCEDURAL CARE IN ACCORDANCE WITH  ESTAB-
  LISHED VETERINARY MEDICAL AND NURSING PROCEDURES.
    S 3.  Paragraph (c) of subdivision 5 of section 401 of the agriculture
  and  markets  law,  as  added  by chapter 259 of the laws of 2000 and as
  relettered by section two of this act, is amended to read as follows:

    (c) Within five business days of receipt, but prior  to  sale  of  any
  dog,  the  pet dealer shall have a duly licensed veterinarian conduct an
  examination and tests appropriate to the age and breed to  determine  if
  the  animal has any medical conditions apparent at the time of the exam-
  ination that adversely affect the health  of  the  animal.  For  animals
  eighteen  months of age or older, such examination shall include a diag-
  nosis of any congenital conditions that adversely affect the  health  of
  the  animal.  Any animal [found to be afflicted] DIAGNOSED with a conta-
  gious disease  shall  be  treated  and  caged  separately  from  healthy
  animals.
    S  4.  Section  401  of  the agriculture and markets law is amended by
  adding a new subdivision 7 to read as follows:

    7. EXERCISE REQUIREMENTS. PET DEALERS SHALL DEVELOP,  MAINTAIN,  DOCU-
  MENT,  AND IMPLEMENT AN APPROPRIATE PLAN TO PROVIDE DOGS WITH THE OPPOR-
  TUNITY FOR DAILY EXERCISE. IN DEVELOPING SUCH PLAN, CONSIDERATION SHOULD
  BE GIVEN TO PROVIDING POSITIVE PHYSICAL CONTACT WITH HUMANS THAT ENCOUR-
  AGES EXERCISE THROUGH PLAY OR OTHER SIMILAR ACTIVITIES.  SUCH PLAN SHALL
  BE APPROVED BY THE ATTENDING VETERINARIAN, AND MUST BE MADE AVAILABLE TO
  THE DEPARTMENT UPON REQUEST.
    S 5. Section 753-a of the general business law, as  added  by  chapter
  259 of the laws of 2000, is amended to read as follows:

    S  753-a.  Veterinarian  examination.  1. Within five business days of
  receipt, but prior to the sale of any dog, the pet dealer shall  have  a
  duly  licensed veterinarian conduct an examination and tests appropriate
  to the breed and age to determine if the animal has any  medical  condi-
  tions  apparent at the time of the examination that adversely affect the
  health of the animal. For animals eighteen months of age or older,  such
  examination  shall include a diagnosis of any congenital conditions that
  adversely affect the health of the  animal.  Any  animal  [found  to  be
  afflicted]  DIAGNOSED  with  a  contagious  disease shall be treated and
  caged separately from healthy animals IN ACCORDANCE  WITH  SECTION  FOUR
  HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW.
    2.  All  animals shall be [inoculated] VACCINATED as required by state
  or local law.   Veterinary care appropriate  to  the  species  shall  be
  provided  without  undue  delay  when  necessary.  Each  animal shall be
  observed each day by the pet dealer or by a person working under the pet
  dealer's supervision.
    3. No pet dealer shall knowingly sell any animal [eighteen  months  of
  age  or  older]  that has a diagnosed congenital condition OR CONTAGIOUS
  DISEASE that adversely affects the health of the  animal  without  first
  informing the consumer, in writing, of such condition.
    S  6. Subdivision 1 of section 402 of the agriculture and markets law,
  as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
  follows:

    1.  The  name  and  address  of  the  person from whom each animal was
  acquired. If the person from whom the animal was obtained  is  a  dealer

 S. 7268--A                          3

  licensed  by  the  United States department of agriculture, the person's
  name, address, and federal dealer identification number.  IF THE  PERSON
  FROM  WHOM  THE  ANIMAL WAS OBTAINED IS A DEALER LICENSED BY THE DEPART-
  MENT,  THE  PERSON'S  NAME,  ADDRESS,  AND  STATE  DEALER IDENTIFICATION
  NUMBER. In the case of cats, if a  cat  is  placed  in  the  custody  or
  possession  of  the  pet dealer and the source of origin is unknown, the
  pet dealer shall state the source of origin as unknown,  accompanied  by
  the  date, time, and location of receipt. Notwithstanding the provisions
  of this subdivision, no pet dealer shall knowingly buy,  sell,  exhibit,
  transport,  or  offer for sale, exhibition, or transportation any stolen
  animal. No pet dealer shall knowingly sell any cat or dog  younger  than
  eight weeks of age.
    S 7. This act shall take effect on the one hundred twentieth day after
  it shall have become a law; provided, however, that effective immediate-
  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
  necessary for the implementation of this act on its effective  date  are
  authorized to be made on or before such effective date.