Prohibits companion animal piercing and tattooing except when done in conjunction with a medical procedure for the benefit of a companion animal.
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.
STATE OF NEW YORK ________________________________________________________________________ 6769--C Cal. No. 505 IN SENATE March 7, 2014 ___________Introduced by Sens. LIBOUS, BOYLE, GRISANTI, KRUEGER, LAVALLE, MAZIARZ -- 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 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading 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 OR CAUSE TO HAVE PIERCED 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 OR CAUSE TO HAVE TATTOOED A COMPANION ANIMAL UNLESS SUCH TATTOO: (A) IS DONE IN CONJUNCTION WITH A MEDICAL PROCEDURE FOR THE BENEFIT OF THE COMPANION ANIMAL AND TO INDICATE THAT SUCH MEDICAL PROCEDURE HAS BEEN DONE, PROVIDED THAT SUCH TATTOO IS NOT FOR DESIGN PURPOSES; OR (B) 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. FOR THE PURPOSES OF THIS SECTION, "TATTOO" SHALL MEAN A MARK ON THE BODY MADE WITH INDELIBLE INK OR PIGMENTS INJECTED BENEATH THE OUTER LAYER OF THE SKIN. 4. TATTOOING DONE IN CONJUNCTION WITH A MEDICAL PROCEDURE FOR THE BENEFIT OF A COMPANION ANIMAL THAT INDICATES THAT SUCH MEDICAL PROCEDUREEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05036-13-4 S. 6769--C 2
HAS BEEN DONE SHALL BE PERFORMED BY A LICENSED VETERINARIAN OR UNDER THE SUPERVISION OF A LICENSED VETERINARIAN. 5. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION PUNISHABLE PURSUANT TO THE PENAL LAW. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.