Prohibits dangerous practices at companion animal grooming facilities; provides that no heating elements in cage or box dryers shall be turned on; provides that any violation shall be punishable of a fine between $250-$500.
Ayes (30): DeFrancisco, Johnson, Alesi, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Marcellino, Nozzolio, Robach, Saland, Young, Krueger, Breslin, Diaz, Dilan, Duane, Gianaris, Montgomery, Oppenheimer, Parker, Perkins, Rivera, Stavisky, Stewart-Cousins, Squadron
Ayes W/R (3): Bonacic, Little, Peralta
Nays (1): Seward
Excused (1): Farley
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to prohibiting dangerous practices at companion animal grooming facilities
PURPOSE OR GENERAL IDEA OF BILL: To ban the use of cage and box dryers that contain a heating element, with the heating element turned on, for the purpose of drying or aiding in the drying of a companion animal.
SUMMARY OF SPECIFIC PROVISIONS: Section one defines "cage and box dryers" as products that are attached to or near a cage or box for the purpose of drying or aiding in the drying of a companion animal contained in a cage or box, and which is capable of functioning without a person manually holding a dryer. Section one also defines "companion animal grooming facility" as an establishment where a companion animal may be bathed, brushed, clipped or styled for a fee.
Subdivision two of section one provides that no person shall use a cage or box dryer which contains a heating element with the heating element turned on for the purpose of drying or aiding in the drying of a companion animal.
Subdivision three of section one provides that any violation of this section shall be punishable by a civil penalty of not less than two hundred fifty dollars nor more than five hundred dollars for each violation.
Section two provides the effective date.
JUSTIFICATION: Cage and box dryers with heating elements have been responsible for injury to and death of animals at grooming facilities. Lack of proper monitoring of the animals, lack of proper functioning of the product and lack of proper use of the product are all reasons for the resulting tragedies. When groomers are responsible for several animals at a time, each individual animal may not get monitored at all times. Thus if an animal is overheating in a cage due to a cage/box dryer, an inattentive, distracted or busy groomer may fail and has failed to prevent injury and death. Timers on the dryers may malfunction, and even when they do not malfunction, the heat may be too much for a given animal. Left unattended, the result can be and has been injury and death.
*Below is a summary of some of the tragic incidents that have been reported involving the use of cage and box dryers:
Sushi, a two year old Labrador retriever, after being left in a cage dryer at a NYC boarding facility, was found unconscious. Sushi was pronounced dead at a veterinary hospital.
Riva, a Greyhound rescued from a racetrack, was left at a grooming facility. When her guardians returned, Riva was shaking, panting, and unable to stand. She had been in a cage dryer. Her temperature was 108.7 degrees. According to veterinary records, Rive died from heat stroke.
Bailey, a two year old Puggle (pug/Beagle mix), was dropped off at a grooming facility. Bailey became unresponsive and died after being in a drying cage. Miles, a toy poodle, died after being left unattended in a cage dryer at a grooming facility.
Bo, a six year old Shih Tzu, died after being left in a groomer's drying cage. Bo's father, Duke, had been in the same cage for an hour. Duke recovered after being treated for heat exhaustion.
* Not all examples are from NY
This legislation, which bans the use of cage/box dryer heating elements, should reduce injury to and death of animals at grooming facilities. In doing so, it will also reduce the heartbreak suffered by the animals' guardians when the animals are injured or killed by the use of these dryers.
While the use of manual dryers necessitating a person holding a dryer and/or the use of cage/box dryers without a heating element may increase drying time, it will better ensure the health and safety of companion animals and safeguard animal guardians from unnecessary hardship.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATION: None.
EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 5702--A 2011-2012 Regular Sessions IN SENATE June 10, 2011 ___________Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture -- recommitted to the Committee on Agriculture in accordance with Senate Rule 6, sec. 8 -- 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 prohib- iting dangerous practices at companion animal grooming facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The agriculture and markets law is amended by adding a new section 353-e to read as follows: S 353-E. COMPANION ANIMAL GROOMING FACILITIES; PROHIBITED PRACTICES. 1. AS USED IN THIS SECTION: (A) "CAGE AND BOX DRYER" MEANS A PRODUCT THAT IS ATTACHED TO OR NEAR A CAGE OR BOX FOR THE PURPOSE OF DRYING OR AIDING IN THE DRYING OF A COMPANION ANIMAL CONTAINED IN A CAGE OR BOX, AND WHICH IS CAPABLE OF FUNCTIONING WITHOUT A PERSON MANUALLY HOLDING A DRYER. (B) "COMPANION ANIMAL GROOMING FACILITY" MEANS AN ESTABLISHMENT WHERE A COMPANION ANIMAL MAY BE BATHED, BRUSHED, CLIPPED OR STYLED FOR A FEE. 2. NO PERSON SHALL USE A CAGE OR BOX DRYER WHICH CONTAINS A HEATING ELEMENT WITH THE HEATING ELEMENT TURNED ON FOR THE PURPOSE OF DRYING OR AIDING IN THE DRYING OF A COMPANION ANIMAL. 3. ANY VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENAL- TY OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION. 4. NOTHING CONTAINED IN THIS SECTION SHALL LIMIT OR ABROGATE ANY CLAIM OR CAUSE OF ACTION ANY PERSON MAY HAVE UNDER COMMON LAW OR BY STATUTE. THE PROVISIONS OF THIS SECTION SHALL BE IN ADDITION TO ANY SUCH COMMON LAW AND STATUTORY REMEDIES. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10209-08-2