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STATE OF NEW YORK
________________________________________________________________________

697--D
Cal. No. 618

2011-2012 Regular Sessions

IN ASSEMBLY

(PREFILED)

January 5, 2011
___________

Introduced by M. of A. PAULIN, MARKEY, CASTRO, JAFFEE, KAVANAGH, TITONE,
  ENGLEBRIGHT,  ROSENTHAL,  P. RIVERA,  MOYA, MALLIOTAKIS -- Multi-Spon-
  sored by -- M. of A. GLICK, McENENY,  M. MILLER,  WEISENBERG  --  read
  once  and  referred  to the Committee on Agriculture -- recommitted to
  the Committee on Agriculture in accordance with Assembly Rule 3,  sec.
  2  -- committee discharged, bill amended, ordered reprinted as amended
  and recommitted to said committee -- again reported from said  commit-
  tee  with  amendments, ordered reprinted as amended and recommitted to
  said committee -- reported and referred to the Committee on  Codes  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- advanced to a third reading,  amended
  and ordered reprinted, retaining its place on the order of third read-
  ing

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00792-15-2
A. 697--D                           2

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-
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
A. 697--D                           3

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
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.