Relates to the sale of birds by pet dealers when such birds have not yet been fully weaned.
BILL NUMBER:S1253A REVISED 05/11/11
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the sale of birds by pet dealers
PURPOSE: To ensure the humane health of bird species before sale to the public, and the assurance that the public are purchasing optimal health birds.
SUMMARY OF PROVISIONS: An amendment is made to Section 402, subdivision 1, of the Agriculture and Markets law specifying the procedure of the sale of birds by pet dealers.
Birds not fully weaned cannot be sold unless a pet dealer discloses the bird is not weaned; has provided training of proper hand-feeding to the buyer; and buyer agrees in writing to produce the bird for inspection at least once weekly until a bird is determined to be fully weaned.
EXISTING LAW: There are no existing laws for optimal health of bird species in pet dealer stores.
JUSTIFICATION: The public is usually unaware of a bird species health in pet dealer stores. While no pet dealer shall knowingly sell any cat or dog younger than eight weeks of age, a bird can be sold at a young age since there are no restrictions in place to prohibit a pet dealer from performing this act. Birds need to sustain a certain weight in order to fend and feed for themselves, so it is vital that they are sold at a later time.
This act would prohibit pet dealers at retail to sell any full weaned bird to the public unless the public has been provided on training by the pet dealer to hand-feed a bird, agrees in writing to at least once a week bring the bird in for inspection, and has received disclosure from the pet dealer that the bird is not weaned. These measures would ensure birds are at optimal health and would receive the greatest care at the point of sale between pet dealer and buyer.
LEGISLATIVE HISTORY: 2009-2010: S.4130 - Passed Consumer protection; referred to Codes.
FISCAL IMPLICATIONS: None.
Shall take effect on the sixtieth day after it becomes law.
STATE OF NEW YORK ________________________________________________________________________ 1253--A 2011-2012 Regular Sessions IN SENATE January 6, 2011 ___________Introduced by Sens. ADDABBO, AVELLA, OPPENHEIMER, STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the agriculture and markets law, in relation to the sale of birds 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 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. 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. NO PET DEALER SHALL SELL ANY BIRD AT RETAIL THAT HAS NOT BEEN FULLY WEANED; PROVIDED, HOWEVER, THAT A PET DEALER MAY SELL SUCH BIRD IF: (A) DISCLOSURE IS MADE BY THE PET DEALER IN WRITING TO THE BUYER THAT THE BIRD IS NOT WEANED; (B) THE PET DEALER PROVIDES TRAINING TO THE BUYER ON PROPER HAND-FEED- ING OF THE BIRD OR HAS A REASONABLE BELIEF THAT THE BUYER POSSESSES SUCH KNOWLEDGE; AND (C) THE BUYER AGREES IN WRITING TO PRODUCE THE BIRD FOR INSPECTION AND WEIGHTING BY THE PET DEALER NO LESS FREQUENTLY THAN ONCE WEEKLY UNTILEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01386-02-1 S. 1253--A 2
SUCH TIME AS THE BIRD IS FULLY WEANED. FOR PURPOSES OF THIS SUBDIVI- SION, THE TERM "WEANED" SHALL MEAN A BIRD THAT DOES NOT REQUIRE HAND-FEEDING OR ANIMAL ASSISTANCE TO SUSTAIN AT LEAST NINETY PERCENT OF ITS OWN WEIGHT AT THE TIME OF SALE. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "HAND-FEEDING" OR "HAND-FED" MEANS THE PROCESS BY WHICH A BIRD IS MANUALLY FED BY A HUMAN THROUGH THE USE OF HAND, SPOON, OR ORAL GAVAGE. AT THE TIME OF SALE, A PET DEALER SHALL DOCUMENT THE WEIGHT OF ANY HAND-FED BIRD UNDER ONE YEAR OF AGE, AND NOTE THE WEIGHT ON THE SALES RECEIPT. S 2. This act shall take effect on the sixtieth day after it shall have become a law.