BILL NUMBER:S5946

TITLE OF BILL:  An act to amend the general business law, in relation
to requiring pet dealers to provide instructions on the care of small
animals

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to ensure that new pet owners are provided
with written, detailed instructions on the care of small animals at
the time of their purchase from a dealer.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 391 of the general business law
by adding a new section 391-t. Subdivision 1 (a) defines "small
animal" as any small mammal, excluding dogs or cats, including but not
limited to hamsters, chinchillas, guinea pigs, etc. (b) defines "pet
dealer" as set forth in section 400 of the agriculture and markets law
as well as any retailer that sells small animals to the public.

Subdivision 2 provides that every pet dealer shall deliver or provide
digital access to general written recommendations for the generally
accepted care of a small animal to a purchaser The instructions shall
be obtained from sources including but not limited to a state or
national veterinarian medical society, the American veterinarian
              

medical association, the United States Association of Reptile Keepers,
or the pet industry joint advisory council, including information on
housing, sanitation, feeding and watering, handling and veterinary
care. The bill also states that the pet dealer or retailer that
distributes such care instructions shall not be liable for any damages
caused by any erroneous information in that material unless a
reasonable person exercising ordinary care should have known of the
error causing the damage This section shall not apply to small animals
expressly sold as feeder animals. The written instructions provided to
the public shall be filled with the department of agriculture and
markets annually.

Section 2 provides for this act to take effect on the ninetieth day
after it shall have become law.

JUSTIFICATION:

When purchasing a small animal as a pet many new owners are not aware
of the full extent of associated responsibilities that go with taking
care of such animals. Small animals have varied nutritional and
physical needs, which may be unfamiliar to a new owner. For example,
both guinea pigs and rabbits have sensitive gastrointestinal tracts
that require special attention be paid to feeding and nutrition, while
hamsters are prone to 'wet tail' disease at a young age. To ensure
that recently purchased small animals receive the proper nutrition and
healthcare required, new pet owners shall be provided detailed
instructions obtained from a veterinarian or veterinarian
organization.

PRIOR LEGISLATIVE HISTORY:


None

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become law.