This bill has been amended

Bill S6769-2013

Prohibits companion animal piercing and tattooing except for identification or medical benefit

Prohibits companion animal piercing and tattooing except when done in conjunction with a medical procedure for the benefit of a companion animal.

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  • Mar 7, 2014: REFERRED TO AGRICULTURE

Memo

BILL NUMBER:S6769

TITLE OF BILL: An act to amend the agriculture and markets law, in relation to prohibiting piercing and tattooing of companion animals

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to amend the animal cruelty statute to include the prohibition of companion animal piercing or tattooing, unless such activity provides a medical or identification benefit.

SUMMARY OF SPECIFIC PROVISIONS:

Section 353 of the agriculture and markets law is amended by adding a new section 353-f.

JUSTIFICATION:

The practices of tattooing and piercing are procedures that are accompanied by considerable risk and potential peril. Most humans would not undergo such a process without the assistance of someone professionally trained and without precautions. Due to such risks, laws exist to protect those most vulnerable, such as children who are not yet mature enough to understand the potential danger involved and the latent consequences, from having their flesh tattooed or pierced.

Animals are also a vulnerable population, as they have no means of expression and must live on the whim of their owners. Recent events have brought the callous practice of tattooing and piercing companion animals into the spotlight. Veterinarians have made statements detailing the cruel results of such procedures. They have reported that ear piercings can alter an animal's ability to hear correctly and that piercings along the line of the spine, such as in the neck or at the base of the tail, hamper balance and jumping. These animals, in being defenseless and lacking a choice in the matter, need protections written into the law to prevent these barbaric procedures.

PRIOR LEGISLATIVE HISTORY:

A.8526 of 2011-2012

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred and twentieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6769 IN SENATE March 7, 2014 ___________
Introduced by Sen. LIBOUS -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to prohib- iting piercing and tattooing of companion animals 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-f to read as follows: S 353-F. COMPANION ANIMAL PIERCING AND TATTOOING PROHIBITED. 1. NO PERSON SHALL PIERCE A COMPANION ANIMAL UNLESS SUCH PIERCING PROVIDES A MEDICAL BENEFIT TO THE COMPANION ANIMAL. SUCH PIERCING SHALL BE PERFORMED BY A LICENSED VETERINARIAN OR UNDER THE SUPERVISION OF A LICENSED VETERINARIAN. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO APPLY TO EAR TAGS ON RABBITS AND CAVIES. 2. NO PERSON SHALL TATTOO A COMPANION ANIMAL UNLESS SUCH TATTOO: (A) PROVIDES A MEDICAL BENEFIT TO THE COMPANION ANIMAL; OR (B) IS DONE IN CONJUNCTION WITH A MEDICAL PROCEDURE FOR THE COMPANION ANIMAL; OR (C) IS DONE FOR THE PURPOSE OF IDENTIFICATION OF THE COMPANION ANIMAL AND NOT FOR DESIGN PURPOSES, AND SUCH TATTOO INCLUDES ONLY SUCH NUMBERS AND/OR LETTERS ALLOTTED BY A CORPORATION THAT IN THE REGULAR COURSE OF ITS BUSINESS MAINTAINS AN ANIMAL TATTOO IDENTIFICATION REGISTRY. 3. TATTOOING FOR THE PURPOSES OF PROVIDING A MEDICAL BENEFIT TO THE COMPANION ANIMAL OR DONE IN CONJUNCTION WITH A MEDICAL PROCEDURE FOR THE COMPANION ANIMAL SHALL BE PERFORMED BY A LICENSED VETERINARIAN OR UNDER THE SUPERVISION OF A LICENSED VETERINARIAN. 4. ANY PERSON FOUND IN VIOLATION OF THIS SECTION IS GUILTY OF A MISDE- MEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.

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