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

                                 4735--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2013
                               ___________

Introduced  by  M.  of  A. PERRY, GOTTFRIED, CLARK, GALEF, WEISENBERG --
  read once and referred to the Committee on Health  --  recommitted  to
  the  Committee on Health in accordance with Assembly Rule 3, sec. 2 --
  reported  and  referred  to  the  Committee  on  Codes  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the general business law and the public health law, in
  relation to requiring operators  of  petting  zoos  and  other  public
  establishments  featuring  animals  to  maintain  hand washing or hand
  cleansing facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-ff to read as follows:
  S 399-FF. PETTING ZOOS. 1. FOR PURPOSES OF THIS SECTION THE TERMS:
  (A) "PETTING ZOO" SHALL MEAN A PLACE WHERE A COLLECTION OF ANIMALS ARE
KEPT  FOR  THE EXPRESS PURPOSE OF VIEWING, TOUCHING, HOLDING AND PETTING
BY PATRONS AND VISITORS TO THE ESTABLISHMENT; AND
  (B) "HAND WASHING OR HAND CLEANSING FACILITY" SHALL MEAN ANY METHOD OF
CLEANSING THE HANDS THAT KILLS GERMS AND  BACTERIA  INCLUDING,  BUT  NOT
LIMITED  TO,  SOAP  AND  RUNNING  WATER, ANTI-BACTERIAL FLUIDS, FOAMS OR
GELS, AND ANTI-BACTERIAL OR ANTISEPTIC WIPES OR TOWELS.
  2. ALL PETTING ZOO OPERATORS SHALL PROVIDE AND MAINTAIN AT  LEAST  ONE
CLEARLY DESIGNATED HAND WASHING FACILITY FOR PATRONS AND VISITORS TO THE
ESTABLISHMENT  TO  WASH OR CLEANSE THEIR HANDS UPON EXITING SUCH PETTING
ZOO AREA.  SUCH HAND WASHING OR HAND CLEANSING FACILITY SHALL  BE  MAIN-
TAINED  AT  OR  WITHIN  NO  MORE  THAN  FIFTY FEET OF THE EXIT FROM SUCH
PETTING ZOO AREA.
  3. EVERY EXIT FROM A PETTING ZOO AREA SHALL HAVE A SIGN  CONSPICUOUSLY
POSTED THAT SHALL STATE, IN A CLEAR AND LEGIBLE TYPEFACE, THE FOLLOWING:
"ANIMALS  AT  PETTING  ZOOS  MAY  CARRY  GERMS  AND  BACTERIA THAT CAUSE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00083-02-4
              

A. 4735--A                          2

DISEASE. IT IS STRONGLY RECOMMENDED THAT PERSONS WASH THEIR  HANDS  UPON
EXITING  THE PETTING ZOO AREA". SUCH SIGN SHALL ALSO INDICATE THE DIREC-
TION IN WHICH SUCH HAND WASHING OR HAND CLEANSING FACILITY IS LOCATED.
  4.  ANY OPERATOR OF A PETTING ZOO WHO FAILS TO MAINTAIN A HAND WASHING
OR HAND CLEANSING FACILITY AND  PROPER  SIGNAGE  IN  VIOLATION  OF  THIS
SECTION  SHALL  BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT OF UP TO FIVE
HUNDRED DOLLARS.
  S 2. The public health law is amended by adding a new section 1311  to
read as follows:
  S  1311.  HAND  WASHING  FACILITIES  AT  CERTAIN PUBLIC ESTABLISHMENTS
FEATURING ANIMALS. 1.  ALL  PUBLIC  ESTABLISHMENTS  INCLUDING,  BUT  NOT
LIMITED  TO,  CARNIVALS,  FAIRS  AND  AMUSEMENT PARKS, AS SUCH TERMS ARE
DEFINED IN SECTION EIGHT HUNDRED SEVENTY-C OF THE LABOR LAW, FARMS,  AND
FARMERS'  MARKETS,  AS SUCH TERM IS DEFINED IN SECTION TWO HUNDRED SIXTY
OF THE AGRICULTURE AND MARKETS  LAW,  WHICH  FEATURE  DISPLAYS  OF  LIVE
ANIMALS  THAT  PATRONS  MAY REASONABLY BE EXPECTED TO COME INTO PHYSICAL
CONTACT WITH FOR THE PURPOSE  OF  TOUCHING,  HOLDING  OR  PETTING  SHALL
PROVIDE HAND WASHING OR HAND CLEANSING FACILITIES FOR SUCH PATRONS. HAND
WASHING  OR  HAND  CLEANSING  FACILITIES  MAY  BE TEMPORARY OR PERMANENT
FIXTURES AND SHALL INCLUDE ONE  OR  MORE  OF  THE  FOLLOWING:  SOAP  AND
RUNNING  WATER;  ANTI-BACTERIAL FLUIDS, FOAMS OR GELS; OR ANTI-BACTERIAL
OR ANTISEPTIC WIPES OR TOWELS.
  2. SIGNS SHALL BE CONSPICUOUSLY POSTED AND SHALL STATE IN A CLEAR  AND
LEGIBLE  TYPEFACE,  THE FOLLOWING: "ANIMALS MAY CARRY GERMS AND BACTERIA
THAT CAN CAUSE DISEASE  TO  PEOPLE.  IT  IS  STRONGLY  RECOMMENDED  THAT
PERSONS  WASH  OR CLEANSE THEIR HANDS AFTER TOUCHING, HOLDING OR PETTING
THE ANIMALS." SUCH SIGNS SHALL ALSO INDICATE WHERE THE HAND  WASHING  OR
HAND CLEANSING FACILITY IS LOCATED.
  3.  THE  COMMISSIONER  MAY  MAKE  RULES GUARDING AGAINST THE SPREAD OF
BACTERIA AND VIRUSES AT PUBLIC ESTABLISHMENTS THAT  FEATURE  ANIMALS  AS
PROVIDED  IN  SUBDIVISION ONE OF THIS SECTION, TO PERSONS EMPLOYED AT OR
TO PATRONS OF SUCH ESTABLISHMENTS WHERE SUCH ESTABLISHMENTS ARE  LOCATED
OUTSIDE  THE CITY OF NEW YORK, AND WHERE SUCH ESTABLISHMENTS ARE LOCATED
WITHIN THE CITY OF NEW YORK, THE COMMISSIONER OF PUBLIC  HEALTH  OF  THE
CITY OF NEW YORK MAY MAKE AND ENFORCE SUCH RULES.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.