S1253A-2011 Actions

• Jan 4, 2012: REFERRED TO AGRICULTURE
• May 11, 2011: PRINT NUMBER 1253A
• May 11, 2011: AMEND AND RECOMMIT TO AGRICULTURE
• Jan 6, 2011: REFERRED TO AGRICULTURE

S1253A-2011 Memo

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.

EFFECTIVE DATE:

Shall take effect on the sixtieth day after it becomes law.

S1253A-2011 Text

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

                                   1253--A

                         2011-2012 Regular Sessions

                              I N  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  UNTIL

   EXPLANATION--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.